Do I have to leave the country to re-apply for an AOS?

[Jan2211 9]

I came in to the USA on a K1 visa. I was married within the 90 day time frame and applied for my AOS, EAD and AP. MY EAD and AP were approved and has just been renewed. My AOS has been denied and I would like to re-apply, do I have to leave the country to do this and wait until I get a notice to say that my AOS is now pending? Also, as my EAD and AP depend on a pending AOS, would my current authorisation be re-instated ?

Edited July 18, 2015 by Jan2211

[Hypnos 6,576]

If your AoS has been denied then your EAD and AP have also been automatically invalidated.

You would need to re-file very quickly, or you will likely be placed into removal proceedings by ICE.

If it is your intention to re-file then you should not leave the US. As I said though, you have a narrow window.

[aaron2020 11,651]

Hi,

Why was your AOS denied?

Your EAD/AP became invalid once the AOS was denied.

If you leave, you will not be allowed back in with immigrant intent.

Determine why your AOS was denied. Fix the problem, then refile. If you refile without fixing the problem, you will be deny again.

Best of luck

[Jan2211 9]

The decision was made on July 13th and I am still awaiting the letter. I will reapply ASAP , I just don't want to leave the country while I'm waiting for the AOS to be pending again. I have no intention of leaving the country until I hopefully, receive my green card.

Many thanks for the replies Hypnos and Aaron 2020

[Jawaree 717]

Are you still married & with hubby, why the denial?

Edited July 18, 2015 by Jawaree

[Jan2211 9]

Yes, I am still happily married and working, even though I will not be able to work at the moment, my employer is being very supportive

[Jan2211 9]

I have posted previously on this, I had an rfe to have a medical, I contacted us is for clarification and I was told I need vaccines and not a medical so I was declined. I fully accept that an appeal is not an option but I would like to either re-open the case of reapply from scratch. I am having the medical carried out next week but I just wish the letter would hurry up so I know for sure

[MariaAndreas 9]

My I-485 was denied on April, and the letter from USCIS told: "You are not authorized to remain in the U.S. and should make arrangements to depart as soon as possible. Failure to depart may result in your being found ineligible for immigration benefits and inadmissible to the US. in the future. See section 212(a)(9)(B) of the INA."

I don't know exactly what the time period "ASAP" means, but one lawyer (I am not sure about his knowledge) said they usually give 60 days for voluntary deportation. May be he was wrong, I don't know.

Unfortunately, I was already abroad for family holidays when USCIS locked the door from inside...

[Ebunoluwa 6,136]

So sorry Jan2211 and MariaAndeas for both of your denials and I hope things work out for you all soon starting over.

Denying over a misunderstanding of a new medical versus vaccs and denying over a copy of a certified divorce decree is just crazy.

Why can't they just issue a second RFE and clarify what they want. This is just ridiculous.

I have seen such vague RFE's come through lately where people are scratching their heads on what the heck they want, including my own RFE

and it's time for USCIS to change the existing policy of their la di da RFE's that look like they have been issued by 12 year olds.

Make it clear and understandable for Pete's sake ! $1070 and a one year wait ought to give us a little fairness. Add to that the

incapable misinformation line and different answers from different 'representatives' and IO's and it makes for one hell of a messy soup.

Sorry but this really pisses me off that people have to jump these hoops.

[MariaAndreas 9]

Ebunoluwa, prior to denial, my spouse answered the RFE with a paper (he hoped it was what they wanted) bringing it to them directly. He just came to the USCIS office by himself with purpose to make it faster for me to finally get my GC we had been waiting for 9 months. He passed through security checking and asked a guard to call that Ms. ... who interviewed us two weeks before or somebody else who may know whether the document is right or no. The guard said, "No sir, you can only leave it here." And he left the paper and left himself. Two weeks after, you know what happened.

You see, they specially don't go on contact with people! It is not difficult to have some knowledgeable consultant on reception who can help saying only "Yes" or "No" on people's questions. But no, the only way to find out a short RIGHT answer on a simple question is to call their incompetent line or hire a lawyer. I also think their denial has to do with my citizenship. May be they want to make another "sanction" for another Russian citizen...

And after all this they dare to call themselves democrats... and speak about "family values". What trust can be to those government officials who can any day kick you out from family without serious reason. Even with a GC I will probably not feel safety in this country, after what they did to us.

Edited July 19, 2015 by MariaAndreas