AOS denied - but is the advanced parole still legit?

[shobusun 0]

@Boiler...OK, so I understand your perspective now. Basically, it all boils (haha) down to what type of visa you hold; which to me is still kinda' lame. Otherwise, yes, as you say, someone could simply visit (you know, 1 week or whatever) and do the DCF for the I-130- but why not require that you simply provide some proof of residency, like a lease document (for a condo/apartment) or an electricity bill in your name to prove residency?

@Hypnos...yeah, I'm going to contact both the Bangkok Field Office directly, and the the law firm (Siam Legal) that helped me during the initial K1 process. And concerning the K2's, I'm pretty sure those are invalid at this point- although, oddly enough, they were issued nearly 4 weeks after my wife's AOS was denied. I'd almost felt like just having those at the U.S. POE would provide reason enough for passage. But, with no real guarantee, it's not worth the risk, as you'd mentioned before...

Last night though, I just started feeling sick about having to go back to square 1 with everything...you know, evidence of relationship, and all the hoop-jumping, etc. It's just really sad that everything essentially has to start over just because we missed the interview. If and when I have the opportunity I'd like to propose immigration reform to that end- to resolve the unfairness of that aspect of the process. It's both silly and tragic; a horrible, life-altering outcome for such a simple mistake, lapse of judgement, bad timing , or whatever. And being that this effect (the denial) is only part of an incremental process, makes it all the more illogical...it's not like get run over by a car. Why do they not offer a second interview date if you miss the first? How difficult would that be...? In consideration of everything (sometimes years of time and expenses, as in my case) that comes before it, it seems the least they could do.

Edited September 20, 2015 by shobusun

[Hardfacts123 50]

On your part a simple phone call would have eliminated all of the problems you created. You didn't think enough about the process to make a call and ask for an extension on the interview date before you'll were required to appear. Not sure how immigration reform would correct laziness on the part of the petitioner.

[Lowlie 191]

Last night though, I just started feeling sick about having to go back to square 1 with everything...you know, evidence of relationship, and all the hoop-jumping, etc. It's just really sad that everything essentially has to start over just because we missed the interview. If and when I have the opportunity I'd like to propose immigration reform to that end- to resolve the unfairness of that aspect of the process. It's both silly and tragic; a horrible, life-altering outcome for such a simple mistake, lapse of judgement, bad timing , or whatever. And being that this effect (the denial) is only part of an incremental process, makes it all the more illogical...it's not like get run over by a car. Why do they not offer a second interview date if you miss the first? How difficult would that be...? In consideration of everything (sometimes years of time and expenses, as in my case) that comes before it, it seems the least they could do.

I remember that feeling, when my husband and I were going to have to start all over again, back at square one after all we had been through with K1,... the travel,.. getting married...the awful AOS package and biometrics.....When I realized starting all over again with a new visa process was the only solution, I cried at the drop of a hat for weeks on end.

The way immigration works is totally nonsensical in many ways, and the ease in which a visa holder can suddenly be tossed out on their ear is horrible,

Having gone through all that, and now a year into the CR1 process, and still not reached the interview yet, I can tell you, you'll get through it, and if you truly love each other, all the misery is worth it.

[shobusun 0]

@Lowlie...thanks for your comments, and empathy! And sorry for my poor editing on that post- just noticed I missed a few key phrase transitions, etc. Oops! The emotional gravity had me kinda loopy I guess!

Yeah, it's so easy to get upset and cry wolf, and want to turn away from it all...but that doesn't solve anything- the problem will still be there. And I've learned a great deal about patience and being humble amidst the nonsensical. This whole process draws many parallels to life; though often more condensed and more intensified!

@Hardfacts...you're a punk. Laziness? You don't have a damn clue what I've been through. I understand what you're saying...but it's like saying you shouldn't go outside because it's raining. Yeah, no kidding? Really?

Anyways, thanks again to everyone that's been posting concerning my question/s...

[Lowlie 191]

@Lowlie...thanks for your comments, and empathy! And sorry for my poor editing on that post- just noticed I missed a few key phrase transitions, etc. Oops! The emotional gravity had me kinda loopy I guess!

Yeah, it's so easy to get upset and cry wolf, and want to turn away from it all...but that doesn't solve anything- the problem will still be there. And I've learned a great deal about patience and being humble amidst the nonsensical. This whole process draws many parallels to life; though often more condensed and more intensified!

@Hardfacts...you're a punk. Laziness? You don't have a damn clue what I've been through. I understand what you're saying...but it's like saying you shouldn't go outside because it's raining. Yeah, no kidding? Really?

Anyways, thanks again to everyone that's been posting concerning my question/s...

It's so easy to fill in the blanks by assuming the worst about a person. Jumping to judgmental conclusions seems to be the most common thing. There are so many legit reasons a person can fail to reach even the most important of appoints on time. Reasons that were completely out of that person's control. My Dad had a saying...".Always be careful when judging others, because Karma has a harsh sense of humor."

[shobusun 0]

OK...so, I'm in Thailand now and I'm thinking there's got to be a better way other than starting over. Similar ideas have been brought up already, but what about applying for the AOS again, and then once the case has gone into 'pending' status again, my wife should be able to return to the U.S., right?

Reminder: My wife's initial AOS application was denied due to missing our interview. We did not file an MTR, and we are both in Thailand currently, along with her two children who have recently issued their K2 visas. My wife received her Advanced Parole / Employment Authorization Card prior to departing for Thailand- it expires on 6/25/16...

Thanks,

Justin

[Transborderwife 4,666]

You cannot re apply while your wife is abroad.

[shobusun 0]

@Transborderwife...I kinda knew that already, but why not?

[Transborderwife 4,666]

Your wife isn't physically present.

[shobusun 0]

Uhh...yeah. That's not quite the explanation I was looking for...physical presence in one place or the other- that's usually pretty easy to define.

She's in Thailand. So, that means she's not in the U.S. Wow...that's a real mind-bender. I get it. Thanks.

[Boiler 45,411]

You asked if she could adjust her status whilst in the US.

The fact that she isnt in the US is somewhat relevant.

How is she going to get to the US?

[Ash.1101 1,756]

You can't AOS without her physically present within the US at the time that you apply for AOS (you can't just bring her in for the interview), AKA she needs to be standing next to you within the united states when you go send the package to USCIS. To be more vague, sure she can be at your house while you mail it, but she needs to be within the united states the same day that you send off the applications. They know when she came into the US, they'll know if she came just for the interview.

Edit: ^ Editted the above incase there needs to be even MORE clarification of what "physically present" means.

The only way to bring her back into the US is via spousal visa or visitor visa, which at this point could easily be denied because they'll probably assume she's not coming to just visit.


Your best bet is to just do the spousal visa.

A visitor visa it to visit. You don't need your wife to get banned because they feel she's trying to stay here especially since you seem to want to bring her here then AOS, then you'll have even MORE problems.


This happens to people frequently apparently, just do it the way everyone else does. Go spousal visa, don't try to take short cuts or avoid things, all of the problems didn't have to happen at the end of the day with a little work on your end, put a little more work into this and treat this process like it's important.


PS. I do not endorse bring her in on a visitor visa. I think the fact you treat this process so nonchalant is silly and reckless. Would you have been okay if your wife forgot to reschedule her K1 and just didn't show up and go oops, sorry! If you wanna risk your wife to get banned, go for it. I mean, I'd never do that to my fiance. It's never worth the risk to me, but you know if you're for risking only seeing your wife in Thailand then.. I dunno more power to you? (Awful)


Also, your wife's AP does not expire in 2016, it expired when your wifes AOS was denied, it doesn't matter WHY she was denied. Denial is denial. If I lose my drivers liscense rights, I can't keep driving with my drivers license simply because it is printed that expires in 2020 on the card. What's printed on the card will NOT match what is in the system.

Edited October 2, 2015 by Ash.1101

[Transborderwife 4,666]

You can't AOS without her physically present within the US at the time that you apply for AOS (you can't just bring her in for the interview). The only way to bring her back into the US is via spousal visa or visitor visa, which at this point could easily be denied because they'll probably assume she's not coming to just visit.

Your best bet is to just do the spousal visa.

A visitor visa it to visit. You don't need your wife to get banned because they feel she's trying to stay here especially since you seem to want to bring her here then AOS, then you'll have even MORE problems.

This happens to people frequently apparently, just do it the way everyone else does. Go spousal visa, don't try to take short cuts or avoid things, all of the problems didn't have to happen at the end of the day with a little work on your end, put a little more work into this and treat this process like it's important.

PS. I do not endorse bring her in on a visitor visa. I think the fact you treat this process so nonchalant is silly and reckless. If you wanna risk your wife to get banned, go for it. I mean, I'd never do that to my fiance. It's never worth the risk to me, but you know if you're for risking only seeing your wife in Thailand then.. I dunno more power to you? (Awful)

Also, your wife's AP does not expire in 2016, it expired when your wifes AOS was denied, it doesn't matter WHY she was denied. Denial is denial. If I lose my drivers liscense rights, I can't keep driving with my drivers license simply because it expires in 2020. What's printed on the card will NOT match what is in the system.

+1

[belinda63 3,033]

You need to file the I-130 for her and one for each child. The whole K-1/AOS/K-2 thing is dead.

[TBoneTX 45,155]

shobusun, if you're tempted to continue to insult and be dismissive of people who are trying to help you, you should review the VisaJourney Terms of Service, at the link at page bottom. People have been quite tolerant so far. You're under some stress, but take care to adhere to the rules of the site.

TBoneTX

VJ Moderation