Maybe stupid question

[Ngoc-Anh 1]

I was wondering if it is possible to disapprove an AOS? I mean what are they going to do. They cannot send the wife/husband back to their home country? Can they? Just a question......

Another question....what if the AOS has not been approved but the I-94 expires?

Are you considered to be an illegal alien?

[ridley 0]

Many of our I-94s have expired before AOS is complete. That doesn't make you illegal -- as soon as you apply for AOS, you have a legal status.

If AOS is denied, an applicant has to file a motion to reopen, or apply again. Yes, the USCIS can deport you, but it isn't as though they do it the following day.

[Kez/JWolf 6]

Yes they can send you back to your home country.... its called deportation... it does happen but not often...

Once you file for AOS your Status becomes Adjustment Pending and you are not illegal...

Kez

[Ngoc-Anh 1]

Yes they can send you back to your home country.... its called deportation... it does happen but not often...

Once you file for AOS your Status becomes Adjustment Pending and you are not illegal...

Kez

but if you deport you, what happens to your marriage? will they ignore that you are married??

[John & Annie 0]

Yes they can send you back to your home country.... its called deportation... it does happen but not often...

Once you file for AOS your Status becomes Adjustment Pending and you are not illegal...

Kez

but if you deport you, what happens to your marriage? will they ignore that you are married??

You are still married, that has no bearing on this. The US recognizes marriages from other nations.

You have two choices:

1. Fight it

2. Move to the other country

[Miranda&James 8]

The way I understand it is that if your AOS is not approved and all outlets are used up (motion to reopen/appeal/whatever) then the immigrant has no legal status in the USA and will have to leave. There are multiple reasons why AOS is not approved but I wouldn't worry about it unless you think there is something unique to your situation that would make you ineligible for AOS - if you do think there is then get a lawyer.

[Ngoc-Anh 1]

Yes they can send you back to your home country.... its called deportation... it does happen but not often...

Once you file for AOS your Status becomes Adjustment Pending and you are not illegal...

Kez

but if you deport you, what happens to your marriage? will they ignore that you are married??

You are still married, that has no bearing on this. The US recognizes marriages from other nations.

You have two choices:

1. Fight it

2. Move to the other country

oh wow, it is hard to believe that something like that could happen.

Thanks a lot for the answers!

[rebeccajo 14]

Many of our I-94s have expired before AOS is complete. That doesn't make you illegal -- as soon as you apply for AOS, you have a legal status.

Not exactly.

Your visa has expired but if you married the petitioner you fulfilled the terms of your visa. Barring no other issues during those 90 days - all is good.

But you are not a permanent resident until you receive your greencard.

You really don't have a 'legal' status. You are referred to as a 'petitioner to adjust status' or if you have EAD 'employment authorized alien'. Some government agencies consider you a 'legal non-permanent resident'.

But technically you have no immigrant 'category'.

[rebeccajo 14]

*damn double post*

Edited February 20, 2007 by rebeccajo

[ridley 0]

Thanks for the clarification, Becca.

Your visa has expired but if you married the petitioner you fulfilled the terms of your visa. Barring no other issues during those 90 days - all is good.

But you are not a permanent resident until you receive your greencard.

You really don't have a 'legal' status. You are referred to as a 'petitioner to adjust status' or if you have EAD 'employment authorized alien'. Some government agencies consider you a 'legal non-permanent resident'.

But technically you have no immigrant 'category'.

[Addie_Goodvibes 0]

Each case is different, depending on why you were denied AOS and the circumstances of your case.

Unless you have a reason to worry about AOS being denied don't let it worry you now.

USCIS can deport you and Can deny your petition for a number of reasons.

if your petition is denied the best route would be to talk with an immigration lawyer nad seek thier advise on what course of action you should take.

Just as Miranda&James stated:

If you feel certain circumstances now may result in your AOS being denied then you should consult an immigration attorney as soon as possible.

[Ngoc-Anh 1]

Each case is different, depending on why you were denied AOS and the circumstances of your case.

Unless you have a reason to worry about AOS being denied don't let it worry you now.

USCIS can deport you and Can deny your petition for a number of reasons.

if your petition is denied the best route would be to talk with an immigration lawyer nad seek thier advise on what course of action you should take.

Just as Miranda&James stated:

If you feel certain circumstances now may result in your AOS being denied then you should consult an immigration attorney as soon as possible.

Actually I am not worry at all about our case but I were just wondering because this would be very cruel for a couple to be seperated by something stupid like that.

[Miranda&James 8]

Each case is different, depending on why you were denied AOS and the circumstances of your case.

Unless you have a reason to worry about AOS being denied don't let it worry you now.

USCIS can deport you and Can deny your petition for a number of reasons.

if your petition is denied the best route would be to talk with an immigration lawyer nad seek thier advise on what course of action you should take.

Just as Miranda&James stated:

If you feel certain circumstances now may result in your AOS being denied then you should consult an immigration attorney as soon as possible.

Actually I am not worry at all about our case but I were just wondering because this would be very cruel for a couple to be seperated by something stupid like that.

Well, they don't deny AOS for stupid reasons (unlike RFE's that arrive, many of them could be called stupid since they often ask for things you already sent, but o well). The USCIS doesn't have much of a bleeding heart when it comes to trying to keep couples together - if you meet all the requirements for AOS you get to stay, if you don't then you don't get to stay. We might not agree with all of their reasons for denial but many of them are for a good purpose and serve to protect the USA and it's lawful citizens. The having to have enough money from either a sponsor or cosponsor comes to mind, it may sound mean to say you can't live here unless you have enough money or someone vouching money for you but it makes sense - they don't want lots of people who have no money coming in and using public resources like welfare that are already in short supply, they want that money to go to the citizens of this country.

[Addie_Goodvibes 0]

Actually I am not worry at all about our case but I were just wondering because this would be very cruel for a couple to be seperated by something stupid like that.

Well cruel or not if the USCIS has reason to believe that the applicant should not be granted AOS then policy would dictate that they could possibly be sent back to their home country.

I know several couples who have been seperated for years waiting for AOS approval.

That is why it is so important that when you apply for AOS you have everything in order.

Sufficient evidence of relationship.

can prove legitimacy in your marriage.

& while applying do not violate any immigration laws such as ( work w/out DHS authorization)

Your case should go fine so long as you complete all the neccesary documentation and meet all requirements.

Good Luck and try not to worry too much.

[seldi 1]

Uncle sam doesn't care about breaking up a family