What happens if you ROC is denied while you are overseas?

[paula2987 4]

 

So, Im about to send my paperwork for Removal of Conditions soon ( Divorce waive ) - and even though I have enough proof of bona fide marriage, etc. There 's always the risk of the application been denied, right?

 

I know its not advised that you travel / stay outside the US while your case is pending, but I am gonna have to spend 1-2 weeks outside America, every 2 or 3 months ( because of work  ).

So what happens if Im in FRANCE, for example,  and I receive an update saying that my case is denied???

 

Im not allowed back in the US, or can I still go back and try to do something about it???

 

tsk

 

 

 

 

[NikLR 13,227]

They will RFE you first, then send a denial letter, which you can appeal.  So have someone collecting your mail while you're gone. 

[Crazy Cat 41,845]

10 minutes ago, paula2987 said:

I know its not advised that you travel / stay outside the US while your case is pending, but I am gonna have to spend 1-2 weeks outside America, every 2 or 3 months ( because of work  ).

So what happens if Im in FRANCE, for example,  and I receive an update saying that my case is denied???

The ROC process is not quick.  Traveling outside the US during the process is fine.....as long as you return before the expiration of your extension letter.....

[paula2987 4]

thank you!

 

but if they send me a Denial letter while Im overseas,

can I enter the country to appeal?

[Mike E 11,739]

19 hours ago, paula2987 said:

thank you!

 

but if they send me a Denial letter while Im overseas,

can I enter the country to appeal?

Seems like what the previous two contributors are saying is that as soon as you get the RFE you return to the USA and stay put so that the date of any   denial letter is sent after your arrival into the USA. And hopefully no denial is sent because you can respond to the RFE while in the USA and before the deadline. 
 

If so, setting  up electronic notifications and checking your case status at least once a day would be strongly advised as well as Usps  informed delivery.  And of course traveling where internet access is spotty is off the table. 
 

Hopefully you can budget to pay for a full fare next day plane ticket if you get an RFE.

 

I strongly suggest accumulating Enough frequent flyer miles on AA, DL, or UA so that you don’t have to suddenly come up with thousands of dollars to fly home.  

 

When my then fiancée’s K-1 was approved, once we got the phone call that the visa was ready to be picked up, I looked for an acceptable itin using AA and or UA miles with connections in countries compatible with her passport. We ended up flying star alliance carriers to the USA. 

Edited February 15, 2020 by Mike E

[designguy 1,179]

21 hours ago, paula2987 said:

thank you!

 

but if they send me a Denial letter while Im overseas,

can I enter the country to appeal?

Sometimes yes you can ask to see an immigration judge. There is always a small risk that they straight up deny and don’t let you in. More likely is the RFE route. I forget exactly how many days you have to respond (I think something like 86) so you need to make sure you respond as quickly as possible and you should return around the same time. 
 

But unless you have some big red flag you should be fine 

 

[NikLR 13,227]

They won't outright deny you unless you didn't provide information that was required.  Also your status can only be removed by an immigration judge so regardless they have to let you into the country if you demand it but you would be put into a detention center.