What if I485 gets denied for some reason are we given time to go back?

[agmehta 1]

Hi All

I am sending AOS paperwork for my wife in the US on visitor visa. What happens in the case her AOS is denied and USCIS wants her to go back to apply for green card through consular processing instead.

Her I94 expiry date is Nov 22 2015. I am planning to send the AOS on Monday.

Thanks

anand

[Transborderwife 4,666]

She is given time to leave and return home I believe it's 30 days or so

[DeKi 10]

Leaving the US is not the only option. It really depends on why the application gets denied (Why are you already worried about it now? If there are specific details you know will raise red flags, you are better off addressing them preemptively and not waiting to see a denial.) and especially on whether the underlying I-129 or I-130 gets approved.

See more here: http://www.nolo.com/legal-encyclopedia/marriage-based-adjustment-status-denied-whats-next.htmland here http://www.alllaw.com/articles/nolo/us-immigration/options-adjustment-status-to-permanent-resident-denied.html for slightly different take on what one's options are in this unfortunate situation.

Bottom line -- do your best to prevent such an outcome.

[agmehta 1]

hey deki, thanks. Actually my i130 is already approved but i had selected consular processing initially last year. My wife is currently a tourist in usa and although we had really intended to go back to home country for rest of the process of gc, the surprise came in october visa buletin asking people in USA to apply for AOS.

So i am still wondering whether they will approve my request or will they ask her to leave and complete the process in India. My wife i94 ends in Nov 22 2015

Hence i asked what are the options i have. I have an attorney appointment today to consult.

[agmehta 1]

hey deki, thanks. Actually my i130 is already approved but i had selected consular processing initially last year. My wife is currently a tourist in usa and although we had really intended to go back to home country for rest of the process of gc, the surprise came in october visa buletin asking people in USA to apply for AOS.

So i am still wondering whether they will approve my request or will they ask her to leave and complete the process in India. My wife i94 ends in Nov 22 2015

Hence i asked what are the options i have. I have an attorney appointment today to consult.

Hi all

Just got 2 confirmation emails with different MSC numbers and that acceptance of the forms at USCIS and it has sent to national benefits center.

I had sent a cover letter to uscis asking their permission to allow my wife to adjust status in US instead of consular processing. What does the above message mean? I had sent i485 765 131 form. Pls can someone advise?

[Starkilla09 366]

Your wife is eligible to adjust status as her priority date is current. This isn't something you should be worried about provided your marriage is genuine and you have documentary evidence of such. Most cases get denied when there is fraud or sometimes real couples fall underneath the cracks by failing to provide important details of their marriage. Bottom line if your marriage is real and you have evidence of such you'll be fine. When cases get denied sometimes because of late document submission or expired medicals, there's also motion to reopen and fix errors. By the way the confirmation emails with MSC numbers mean your case has been accepted and it's currently being processed at the National benefits center. The EAD/AP (employment authorization/ advance parole) document should come first within 60 to 90 days. Depending on how busy your local field office is, your petitions will be transferred there for an interview in a couple of months and you guys will be notified.

Edited October 30, 2015 by Starkilla09