Out of status..now what?

[Meghan&Andrey 51]

I'm not sure where this goes so forgive me if this isn't the right location. It's been a long time since I've been active on here. My husband came from Russia on a K1 visa in 2015 & we were married in March of 2015. We filed his AOS right away. We had a baby in February of 2016 & shortly thereafter got the interview notice. Our entire house had the flu so I called to see about rescheduling his interview. They guy said it was good we called because if we had shown up sick they would have sent us home anyway. A few weeks later we receive a letter saying his petition was denied because he did not appear at the interview. You only have 30 days to appeal & the form was $600+. We decided we would just wait & file again when we could come up with the money. Now it's 2017 & we are ready to file again but there's issues. Are we still supposed to file the same AOS that we did before? Do we need to start a new petition as a married couple rather than adjust from the K1? It's been a year since he was denied. Will he not be able to leave the country until he gets his green card? We're afraid of the 3-10 year ban. I've tried getting a consult with the attorney in my town but he won't return my messages so I really don't know what to do. We just found out we're expecting again so I really need to get my husband legal so he can work. 

[Hypnos 6,576]

He has a ten year bar that will be triggered if he departs the US. It would be highly inadvisable for him to leave the country without AP, since that will leave him unable to return anytime soon. 

 

You should file a fresh I-485 based on the K-1. Follow the guide: http://www.visajourney.com/content/k1k3aos

Edited April 24, 2017 by Hypnos

[Unlockable 7,314]

DO NOT LET HIM LEAVE THE COUNTRY.

 

When you filed for AOS the first time did you also file for EAD/AP? Is it expired now or did you just not file one?

 

You need to file a new AOS as soon as you can.

[Meghan&Andrey 51]

Yes he still has his EAS/AP but we assumed that was voided when his petition was denied? Are we supposed to file the AOS and not a new petition for already being married?

[Meghan&Andrey 51]

27 minutes ago, NuestraUnion said:

DO NOT LET HIM LEAVE THE COUNTRY.

 

When you filed for AOS the first time did you also file for EAD/AP? Is it expired now or did you just not file one?

 

You need to file a new AOS as soon as you can.

Yes he still has his EAS/AP but we assumed that was voided when his petition was denied? Are we supposed to file the AOS and not a new petition for already being married?

[Penguin_ie 5,993]

***** Moving from What Visa to AOS from Family Visa as this is still the path Op needs to take ******

[A'n'L 735]

As long as you were married within the first 90 days after entering on K1, you are still eligible to file AOS (i130 petition not required).

[Mollie09 1,543]

3 hours ago, Meghan&Andrey said:

Yes he still has his EAS/AP but we assumed that was voided when his petition was denied? Are we supposed to file the AOS and not a new petition for already being married?

That's correct, they are attached to the petition and are considered void if the underlying petition is denied.

You can apply for AOS again without an I-130 if you married within the first 90 days under your K-1. You can then apply for another EAD/AP combo card.

 

Good luck!

[Meghan&Andrey 51]

Thank you guys! Will do. I appreciate your responses.