what happens if they deny AOS?

[Unknown Guest 15]

based on the answers to another thread I started, it looks like my wife and I will need to apply for AOS. Another problem is that she was accepted into a graduate masters program in another state (2 hour flight) and will be attending in 1 month. We plan on maintaining a long distance r/s and traveling back and forth during breaks and over weekends.

I was wondering if this would be a red flag for USCIS. When would they know about this? during the interview process? But we also have a lot of evidence of a bona-fide relationship, including that she is pregnant, and co-mingled assets that are combined worth over $300k in equity. What happens if they deny the temp. green card? Do they allow appeals? Or should I just tell her to give up her dreams and not go to her dream school (the best in the nation for her field) in order to not jeopardize the green card application?

[Harpa Timsah 13,258]

Living apart is a red flag, but can be overcome easily with evidence. If it is denied, you get appeals.

If you wife wants to go to school, then she definitely needs AOS, or they will kick her out of the program for being here illegally.

[stevensane 10]

I was told by New York University that I would need to have a Green Card in order to enroll on a master's programme. I am not sure if this is the case for all universities.

[Darnell 8,478]

as to a green card -

20 to 50 percent , adjusting status from a K-1 visa, with timely filing -

are never interviewed, with the adjudication done solely on what's in the AOS packet that you two submitted.

Bear that in mind as you are gathering up your documents...

---

as to imminent plans to live apart - if you file before she moves and use your address on filing - I not see USCIS making it an issue if there is no interview... however - with that said - for 2 domiciles across the nation - put both of yer names on the leases and utility bills - this lessens the USCIS interrogation path during an interview -- noting this will be a larger issue to overcome during the ROC casefiling circa 2 years later.

[Kiwinyc 62]

I was told by New York University that I would need to have a Green Card in order to enroll on a master's programme. I am not sure if this is the case for all universities.

Unless you're treated as an international student... I did my Masters at NYU on an F1. Fees are the same because its a private university.

State Universities have lower tuition for state citizens or GC holders that satisfy state residency requirements.

[stevensane 10]

Unless you're treated as an international student... I did my Masters at NYU on an F1. Fees are the same because its a private university.

State Universities have lower tuition for state citizens or GC holders that satisfy state residency requirements.

Is the same possible for someone on a K-1 though? OP seems to be saying his spouse is here on a K-1 and maybe out of status.

That said, I worked at King's College London before I moved to NYC and from experience I can say that universities are far from perfect machines. Even if it's not allowed to be enrolled on a credit course on a K-1, that doesn't mean some don't slip through the cracks.

[Kiwinyc 62]

Is the same possible for someone on a K-1 though? OP seems to be saying his spouse is here on a K-1 and maybe out of status.

That said, I worked at King's College London before I moved to NYC and from experience I can say that universities are far from perfect machines. Even if it's not allowed to be enrolled on a credit course on a K-1, that doesn't mean some don't slip through the cracks.

Good question, maybe different universities can decide their own criteria and immigration status for acceptance.

In my experience of NYU they do everything by the book, being a high profile they don't want their ability to accept international students jeopardised.

What are you hoping to study for your Masters there?

[stevensane 10]

Good question, maybe different universities can decide their own criteria and immigration status for acceptance.

In my experience of NYU they do everything by the book, being a high profile they don't want their ability to accept international students jeopardised.

What are you hoping to study for your Masters there?

Indeed. London Metropolitan University recently lost it's right to accept international students because they were not checking visas. Now that university may close because of their negligence. I'm sure NYU have many safeguards to protect against that.

I was actually applying to do courses in order to get a non-credit certificate in human resources management (not too sexy a subject but I already got a masters in philosophy from KCL for figured it was times for something more functional ), however over the phone the administrator at NYU jumped the gun and assumed the rules for immigration status for non-credit courses are the same as those for credit courses. I have since learned that they are not and have enrolled and begin at the School of Continuing Education in 2 weeks.

What was your masters in? My wife did her undergrad at NYU and sings it's praises. How did you find it?

[belinda63 3,038]

She will need either her green card or a student visa to attend school in the US.

[Kiwinyc 62]

Indeed. London Metropolitan University recently lost it's right to accept international students because they were not checking visas. Now that university may close because of their negligence. I'm sure NYU have many safeguards to protect against that.

I was actually applying to do courses in order to get a non-credit certificate in human resources management (not too sexy a subject but I already got a masters in philosophy from KCL for figured it was times for something more functional ), however over the phone the administrator at NYU jumped the gun and assumed the rules for immigration status for non-credit courses are the same as those for credit courses. I have since learned that they are not and have enrolled and begin at the School of Continuing Education in 2 weeks.

What was your masters in? My wife did her undergrad at NYU and sings it's praises. How did you find it?

I did the Interactive Telecommunications Program (ITP) which is a two-year Masters program offered at Tisch School of the Arts.

Best time of my life and opened a lot of doors, including meeting my now-husband after I graduated. He's from Brooklyn, we're flying to NY this weekend to visit and have a friends and family wedding celebration next week! (We got married on our own in Vegas last Nov)

Good luck with your studies! NYU is a great school, well run, great people there.

[Messybrownhair 251]

I went to graduate school 6 months after arriving on a K1. They told me they could accept me in the program (I applied the way an international student would) but I could not enroll until I had a green card. I was able to have my AOS expedited through my congressman because of this. I showed all my school documents and stuff. Also, it helped that my husband was deploying so there was that too. Goodluck! My husband being in the military allowed me to use in-state tuition, and I also had a graduate assistantship so I pretty much went to school for almost nothing! (they paid for 9/12 credits each semester)

[Darnell 8,478]

based on the answers to another thread I started, it looks like my wife and I will need to apply for AOS. Another problem is that she was accepted into a graduate masters program in another state (2 hour flight) and will be attending in 1 month. We plan on maintaining a long distance r/s and traveling back and forth during breaks and over weekends.

I was wondering if this would be a red flag for USCIS. When would they know about this? during the interview process? But we also have a lot of evidence of a bona-fide relationship, including that she is pregnant, and co-mingled assets that are combined worth over $300k in equity. What happens if they deny the temp. green card? Do they allow appeals? Or should I just tell her to give up her dreams and not go to her dream school (the best in the nation for her field) in order to not jeopardize the green card application?

So - what's the current plan?

[i note plans morph over time and study and conversations - but I ask - what's the current plan?]

[aaron2020 11,651]

based on the answers to another thread I started, it looks like my wife and I will need to apply for AOS. Another problem is that she was accepted into a graduate masters program in another state (2 hour flight) and will be attending in 1 month. We plan on maintaining a long distance r/s and traveling back and forth during breaks and over weekends.

I was wondering if this would be a red flag for USCIS. When would they know about this? during the interview process? But we also have a lot of evidence of a bona-fide relationship, including that she is pregnant, and co-mingled assets that are combined worth over $300k in equity. What happens if they deny the temp. green card? Do they allow appeals? Or should I just tell her to give up her dreams and not go to her dream school (the best in the nation for her field) in order to not jeopardize the green card application?

Hi,

Your wife needs either AP, a green card or an F1 student visa to attend school. She will not be able to attend on a K-1 visa or as a K-1 visa overstay. She needs at least her AP from filing AOS to legally attend.

Giving that you have not filled for AOS and school starts in 1 month, she is not going to be able to attend because there is no way to get AP in time.

She will have to put off her dream school until you file for her AOS.