Denied AOS

[Creative hand 0]

I am a K1 visa holder and married already before 90 days.. My AOS was denied due to the mistake in our part. Am I subject to deportation when my AOS is denied? Am I allowed to look for a job and work with my approved and on hand Employment Authorization document but denied AOS? What is the best thing to do, reapply the AOS or FILE A MOTION first?

[Dashinka 24,864]

6 minutes ago, Creative hand said:

I am a K1 visa holder and married already before 90 days.. My AOS was denied due to the mistake in our part. Am I subject to deportation when my AOS is denied? Am I allowed to look for a job and work with my approved and on hand Employment Authorization document but denied AOS? What is the best thing to do, reapply the AOS or FILE A MOTION first?

You mentioned it was denied due to an issue on your part, can you elaborate a little?  Your best bet would be to file a new I485 ASAP correcting your mistake(s), and yes you would need to file a new I765 as your first I765 was attached to your first I485.  You might talk to a lawyer to see if an I290B motion to re-open is viable, but that may be a stretch.

 

Good Luck!

[Creative hand 0]

But my EAD is approved already an i have it on hand with 5 years validity.. is that considered invalid? I don’t received a denied letter yet from USCIS but i know that we will get a denied AOS Because we’re unable to send the RFE quickly last year because we my petitioner doesn’t meet the 125% poverty guidelines for irs 2022 and 2023. And he don’t have enough assets to provide and i don’t have joint sponsor

[Dashinka 24,864]

Just now, Creative hand said:

But my EAD is approved already an i have it on hand with 5 years validity.. is that considered invalid? I don’t received a denied letter yet from USCIS but i know that we will get a denied AOS Because we’re unable to send the RFE quickly last year because we my petitioner doesn’t meet the 125% poverty guidelines for irs 2022 and 2023. And he don’t have enough assets to provide and i don’t have joint sponsor

OK, so the I485 is not yet formally denied, so the EAD is still valid until that point.  Did you have an interview?

[Creative hand 0]

My USCIS account still says “case is being actively reviewed by USCIS” at this moment. But i know it will change sooner to deny. No i don’t have an interview.. but i am trying to apply for a job would it be a problem to the employment?

[Dashinka 24,864]

3 minutes ago, Creative hand said:

My USCIS account still says “case is being actively reviewed by USCIS” at this moment. But i know it will change sooner to deny. No i don’t have an interview.. but i am trying to apply for a job would it be a problem to the employment?

It will be an issue as to authorized employment when the or if the I485 is denied by USCIS.  As I said earlier, the I765 is attached to the I485 package, and it that is denied, the EAD issued based on that package will also become invalid.

 

I would talk to a lawyer, you can always go onto Jim Hacking's show on Youtube.  But you have a bigger problem as if the first I485 is denied due to the petitioner (USC) not able to meet the requirements of the I864, unless anything changes, a second package or a motion to re-open (unless you find a joint sponsor) will be a tough hill to climb.

 

Good Luck!

[K1visaHopeful 2,892]

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