What if AOS is denied?

[Tokenfreak 223]

What happens if the AOS is denied?  Does my wife have to leave the country and go back to hers?  Or is there another option to get it approved?  I can't imagine her having to leave if something like that was to happen.  We are just worrying about the "What ifs" if it was to occur. We pray it does not.  Thanks.

Edited December 10, 2018 by Tokenfreak

[Unlockable 7,315]

27 minutes ago, Tokenfreak said:

What happens if the AOS is denied?  Does my wife have to leave the country and go back to hers?  Or is there another option to get it approved?  I can't imagine her having to leave if something like that was to happen.  We are just worrying about the "What ifs" if it was to occur. We pray it does not.  Thanks.

Technically, your wife would be deemed deportable, but is unlikely to happen unless there are serious reasons for the denial, like fraud. So it depends on what the denial is based on.

 

For example, if your wife is denied because they found that she is actually married to someone else, then she is deemed ineligible to be a permanent resident through you.

 

Otherwise, if it is denied for insufficient financial support (not likely to happen because you would get a request first), you could move forward filing another AOS after you satisfy the support aspect of the case.

[Tokenfreak 223]

5 minutes ago, NuestraUnion said:

Technically, your wife would be deemed deportable, but is unlikely to happen unless there are serious reasons for the denial, like fraud. So it depends on what the denial is based on.

 

For example, if your wife is denied because they found that she is actually married to someone else, then she is deemed ineligible to be a permanent resident through you.

 

Otherwise, if it is denied for insufficient financial support (not likely to happen because you would get a request first), you could move forward filing another AOS after you satisfy the support aspect of the case.

OK thanks for the information.  My wife isn't married to anyone else so that will not be an issue and I provided enough proof I feel like showing that I can support her. So I feel like we will be ok now. Thanks so much for the information it is greatly appreciated.

[Stevephoto 230]

On 12/10/2018 at 3:00 AM, Tokenfreak said:

What happens if the AOS is denied?  Does my wife have to leave the country and go back to hers?  Or is there another option to get it approved?  I can't imagine her having to leave if something like that was to happen.  We are just worrying about the "What ifs" if it was to occur. We pray it does not.  Thanks.

Fear is unfortunately an integral part of every step of the way in this long process: it feels like your life is in someone else's hands and the "threat" of deportation is always there. It is, however, a very straight-forward process for most people. Just follow the guides closely and you will be fine. You won''t have a great deal off co-mingling evidence at this phase because you are not supposed to. Set up joint bank accounts, put her on your insurance and annuity/401k if you have them, perhaps joint credit card or have her as an authorized user on yours, etc. Start building other financial documents now because you will need more for ROC. Good luck!