AOS wasent abandoned after leaving u.s before AP was issued?

[aaron2020 11,651]

Expect AOS to be deny and having to refile.

[Aosap402 3]

2 minutes ago, payxibka said:

Except on her next entry she will be entering as a nonimmigrant with a preconceived plan to circumvent the law in order to gain an immigrant benefit,  which is a slippery slope 

Actually she wont be entering as a nonimmigrant, her AP is completley valid and the aos is pending so there is no reason to say she didnt have the right to enter. It's a technicality yes, but as far as the law goes shes completely legal and within right to go back because she has not been denied. Her intent is in fact to immigrate, if it wasent then the AP itself would be useless. We arent going to tell the interviewer that we knew we weren't supposed to have the case still open. So theres no reason for them to think we are trying to take advantage of their mistake.

[payxibka 10,045]

Just now, Aosap402 said:

Actually she wont be entering as a nonimmigrant, her AP is completley valid and the aos is pending so there is no reason to say she didnt have the right to enter. It's a technicality yes, but as far as the law goes shes completely legal and within right to go back because she has not been denied. Her intent is in fact to immigrate, if it wasent then the AP itself would be useless. We arent going to tell the interviewer that we knew we weren't supposed to have the case still open. So theres no reason for them to think we are trying to take advantage of their mistake.

Actually it is not completely valid once the totality of the situation is known.   If they deny she will need to leave,  an immediate refile will not include an i485 but only an i130

[Crazy Cat 41,982]

1 minute ago, Aosap402 said:

Actually she wont be entering as a nonimmigrant, her AP is completley valid and the aos is pending so there is no reason to say she didnt have the right to enter. It's a technicality yes, but as far as the law goes shes completely legal and within right to go back because she has not been denied. Her intent is in fact to immigrate, if it wasent then the AP itself would be useless. We arent going to tell the interviewer that we knew we weren't supposed to have the case still open. So theres no reason for them to think we are trying to take advantage of their mistake.

Just be aware that improper AOS approval if discovered at a later date (including during naturalization) can result in revoked benefits..........My point is that you should be ready to refile if the AOS is denied...

[Aosap402 3]

4 minutes ago, missileman said:

If they deny entry, you'll have to file a CR-1 after she returns to her country.

If they deny her AOS, you can immediately refile.

I don't see how an attorney at the interview can help......the attorney can't answer questions for you.

Thanks for the info, I guess I'm just afraid that they may decide to enforce deportation proceedings immediately which would make it harder for her to get the cr1 when she goes back.

[Aosap402 3]

2 minutes ago, payxibka said:

Actually it is not completely valid once the totality of the situation is known.   If they deny she will need to leave,  an immediate refile will not include an i485 but only an i130

I understand what your saying, but up until that point it is valid and will only start being a problem once they decide to deny, if that happens i would just refile Aos and start again but she should be able to stay in the u.s since i would reapply while she is in the u.s

[Crazy Cat 41,982]

6 minutes ago, Aosap402 said:

Thanks for the info, I guess I'm just afraid that they may decide to enforce deportation proceedings immediately which would make it harder for her to get the cr1 when she goes back.

I think @payxibka is correct.........she might have to leave if the AOS is denied... Read this:  https://www.alllaw.com/articles/nolo/us-immigration/options-adjustment-status-to-permanent-resident-denied.html

 

"

Most adjustment of status denials are made without prejudice, meaning you can file another application for a green card. This can actually be easier than filing a request for review, because you’re not asking USCIS to admit a mistake.

However, if you don’t have a lawful right to remain in the United States, you may have to leave in order to succeed at this.

Edited April 7, 2019 by missileman

[Roel 7,192]

Just now, Aosap402 said:

I understand what your saying, but up until that point it is valid and will only start being a problem once they decide to deny, if that happens i would just refile Aos and start again but she should be able to stay in the u.s since i would reapply while she is in the u.s

It's not valid because it was issued AFTER she left the country.

 

Please update if she will be denied entry or not.

[payxibka 10,045]

Just now, Aosap402 said:

I understand what your saying, but up until that point it is valid and will only start being a problem once they decide to deny, if that happens i would just refile Aos and start again but she should be able to stay in the u.s since i would reapply while she is in the u.s

On what basis will you refile AOS?  She will not have a status to adjust from.

[Crazy Cat 41,982]

Just now, payxibka said:

On what basis will you refile AOS?  She will not have a status to adjust from.

I think you are correct.......

[Aosap402 3]

1 minute ago, Roel said:

It's not valid because it was issued AFTER she left the country.

 

Please update if she will be denied entry or not.

Lol you have to understand the technicality, its valid up until the aos is denied. If she is given entrance while it is open then she has not broken the law

[Aosap402 3]

2 minutes ago, payxibka said:

On what basis will you refile AOS?  She will not have a status to adjust from.

Your right about that, but then how do other people that have overstayed visas get aos? They're statys is gone yet they can still adjust as long as they are in the country, even illegal immigrants are able to if they marry a citizen so how do they do it?

[Crazy Cat 41,982]

2 minutes ago, Aosap402 said:

even illegal immigrants are able to if they marry a citizen so how do they do it?

Not exactly.....there are waivers, and having to exit the country.

[K1visaHopeful 2,848]

This is what I think will happen...

Because she has not processed through immigration at all when leaving the US they will see it upon her return (by the issue date on her AP document and looking at her travel history recorded on CBP) that she left before it was approved and not allow her re entry at all. She will have to return home and you will file a Cr1 for her to return and concurrently her GC too. That will take 10 to 14 months.

I would definitely not count on what they told you as it seems that they are confused. 

AP and AOS applications are definitely cancelled if you choose to leave the US before AP approval.

I dont think she will even get the chance to reenter.

[payxibka 10,045]

Just now, Aosap402 said:

Your right about that, but then how do other people that have overstayed visas get aos? They're statys is gone yet they can still adjust as long as they are in the country, even illegal immigrants are able to if they marry a citizen so how do they do it?

Overstay doesn't mean the granted entry status is gone.  Only a departure or status adjustment does that.

 

If by illegal immigrant you mean someone who enters without inspection, sorry to tell you but they cannot adjust from inside the USA if they marry a citizen