Need help!!

[misa 2]

That's a circumstance that's not going to apply to most non-USC's though. Probably only Canadians?

Pretty much. It's a loophole in the law.

[Killer_Clown_2009 0]

It's really tricky. It can also apply to other situations:

A . Duration of Status Cases: Although most non-immigrants are admitted for a specified period of time, students, exchange visitors, information media representatives ("I" visa holders), and holders of certain diplomatic visas are usually admitted for "duration of status" (D/S). An alien admitted for "duration of status" will begin to accrue unlawful presence only if either:

an Immigration Judge (IJ) finds the alien has violated status and is excludable/deportable/removable, or

the INS, in the course of adjudicating an application for a benefit (e.g., extension of stay or change or adjustment of status), determines that a status violation has occurred.

B. Aliens Admitted Until a Date Certain: In general, an alien admitted until a specified date will begin to accrue unlawful presence either:

when the date on the I-94 (or any extension) has passed, or

if INS or an IJ makes a finding of a status violation, whichever comes first.

http://www.immigrationlinks.com/news/news729.htm

[Magnolia31 0]

Oh, I am not sure. I have just told you guys what she told me. As for marriage fraud, i don't know.

That's right, 30/60/90 day is not something that USCIS uses. Also, Immigration case law (and also guides that they DO use) show that USCIS doesn't deny a marriage based AOS application on intent to immigrate alone. Are you sure she was not denied for marriage fraud? Meaning they did not think that her marriage was legitimate. Still it's odd they would not have her in for an interview.

[Magnolia31 0]

I think that it's important that he pointed out to the OP that the information they were given is incorrect. The OP seems to be under the assumption that her husband's status is okay when in fact, that's incorrect. I understand why he keeps stressing the fact.

My main reason for pushing this, is because I don't want to see your husband travel on his H-1B and get banned from re-entry because of his period of out of status. Employers are required to report to UCSIS when they terminate an H-1B employee, so it is likely that he would be flagged if attempting to use his H-1B to travel.

Ok Doc, so we're back at this again.

Why is this "out of status" such a big deal to you when all K-1 visa holders who file even 5 years "out of status" is completely ok with you? Especially considering that the OP's husband is applying for AOS based on a marriage, just like a K-1 filer.

I think it's a completely inconsistent stand you're taking. If you were consistent you'd be as adamant about this with K-1 filers who file after their I-94 has expired.

The OP never mentioned anything about her husband traveling. I highly doubt her husband is planning on leaving US soil at all unless physically deported. I think the OP is concerned about his official status for the purpose of present and future immigration applications. I believe the OP is concerned whether her husband's current status is "out of status" or not.

He may be out of status as you say given that he's no longer employed, but so what? You seem to insist it's perfectly fine with regards to K-1 filers who AOS based on marriage. So why would a H-1B visa holder who AOS based on marriage would be treated any differently?

At least I'm consistent and regard all "out of status" as something that needs to be dealt with immediately, not non-nonchalantly as so many on here when giving advice to K-1 visa holders.

OP, I'd recommend filing an appeal right away and amending the appeal later on when you find out the details of the denial notice.

Actually, I'm curious what the lawyer suggested? In giving you these options, did you ask what her advice is? If she was in your place, which option would she use?

LOL at your ignore list! How do you put someone on ignore? I have a few people on here that I'd like to put on. LOL

My main reason for pushing this, is because I don't want to see your husband travel on his H-1B and get banned from re-entry because of his period of out of status. Employers are required to report to UCSIS when they terminate an H-1B employee, so it is likely that he would be flagged if attempting to use his H-1B to travel.

Ok Doc, so we're back at this again.

Why is this "out of status" such a big deal to you when all K-1 visa holders who file even 5 years "out of status" is completely ok with you? Especially considering that the OP's husband is applying for AOS based on a marriage, just like a K-1 filer.

I think it's a completely inconsistent stand you're taking. If you were consistent you'd be as adamant about this with K-1 filers who file after their I-94 has expired.

The OP never mentioned anything about her husband traveling. I highly doubt her husband is planning on leaving US soil at all unless physically deported. I think the OP is concerned about his official status for the purpose of present and future immigration applications. I believe the OP is concerned whether her husband's current status is "out of status" or not.

He may be out of status as you say given that he's no longer employed, but so what? You seem to insist it's perfectly fine with regards to K-1 filers who AOS based on marriage. So why would a H-1B visa holder who AOS based on marriage would be treated any differently?

At least I'm consistent and regard all "out of status" as something that needs to be dealt with immediately, not non-nonchalantly as so many on here when giving advice to K-1 visa holders.

OP, I'd recommend filing an appeal right away and amending the appeal later on when you find out the details of the denial notice.

Actually, I'm curious what the lawyer suggested? In giving you these options, did you ask what her advice is? If she was in your place, which option would she use?

[Magnolia31 0]

Hmm, I have no clue! I will have to ask her and get back to you on that. I've been trying to get a hold of her on Myspace to ask her some more questions but haven't seen her since Tuesday. I will ask though and I will let you know.

We never went in-depth about the whole thing .. she just briefly told me that they sent her back and banned her, etc. She told me that it was good that we went the K-1 visa route. Anyhow LOL, I'll get back to you!

In reference to Magnolia's friend, not the OP. I hate to derail the OP's thread but I'm very curious about this.

I suppose they put 2 and 2 together when they saw that she entered the US on may 7th and then filed AOS almost immediately after. I guess it looked fishy to them. I don't know but this is exactly what happened to her.

Not that it's an issue anymore but I wonder if they put 2 and 2 together with the marriage certificate (I know that some states the marriage license and certificate are the same document or it states on the certificate when the license was issued) as well as what date the G-325As and other documents in her application were signed... She didn't sign and date them BEFORE she got there did she?

[Magnolia31 0]

Well, my immigration headache is pretty much done with for now. I think in my case it's the fact that my husband just left for Iraq and I'm pregnant LOL. My hormones are out of whack. I'm usually a friendly, non-confrontational person so yesterday was kinda out of character for me. Again, sorry.

As for my friend, yeah, definitely. I have friends in Germany right now who plan on coming here on a tourist visa to get married. I keep telling them all not to do it.

Yes, they got married 3 days after she arrived. It was just all done way too early. I'm glad you emailed the Ombudsman.

I apologize about my other post yesterday. I am just a really big crank lately - no excuse but it's true. I'm sorry.

I suppose they put 2 and 2 together when they saw that she entered the US on may 7th and then filed AOS almost immediately after. I guess it looked fishy to them. I don't know but this is exactly what happened to her.

That is VERY interesting, and probably does make sense about filing so soon after they married. Also it sounds like they married very shortly after she arrived. May have been another red flag for them.

I appreciate you posting this, as it may help us advise people in the future.

And I DID email the ombudsman, too.

Thanks. We all have bad days - I think immigration does it to us! I appreciate the apology.

As for the story about your friend - poor lady! Kind of a 'what NOT to do' story for all of us to remember, eh?

[Killer_Clown_2009 0]

And here is how it would apply in this poster's case:

"For example, a person could be out of status as an H1B after having been laid off from work but, unless the INS or the Immigration Judge makes a specific ruling regarding the individual's status, the person is not unlawfully present until the I-94 expires. "

So even with his H1b expired, he while out of status won't be accruing any unlawful presence until the I-94 expires or a judge makes a ruling on his status.

Edited August 25, 2007 by jane2005

[mabdelbaqi 0]

My main reason for pushing this, is because I don't want to see your husband travel on his H-1B and get banned from re-entry because of his period of out of status. Employers are required to report to UCSIS when they terminate an H-1B employee, so it is likely that he would be flagged if attempting to use his H-1B to travel.

Ok Doc, so we're back at this again.

Why is this "out of status" such a big deal to you when all K-1 visa holders who file even 5 years "out of status" is completely ok with you? Especially considering that the OP's husband is applying for AOS based on a marriage, just like a K-1 filer.

I think it's a completely inconsistent stand you're taking. If you were consistent you'd be as adamant about this with K-1 filers who file after their I-94 has expired.

The OP never mentioned anything about her husband traveling. I highly doubt her husband is planning on leaving US soil at all unless physically deported. I think the OP is concerned about his official status for the purpose of present and future immigration applications. I believe the OP is concerned whether her husband's current status is "out of status" or not.

He may be out of status as you say given that he's no longer employed, but so what? You seem to insist it's perfectly fine with regards to K-1 filers who AOS based on marriage. So why would a H-1B visa holder who AOS based on marriage would be treated any differently?

At least I'm consistent and regard all "out of status" as something that needs to be dealt with immediately, not non-nonchalantly as so many on here when giving advice to K-1 visa holders.

OP, I'd recommend filing an appeal right away and amending the appeal later on when you find out the details of the denial notice.

Actually, I'm curious what the lawyer suggested? In giving you these options, did you ask what her advice is? If she was in your place, which option would she use?

In regards the the H1B Status my husband has not plans on traveling outside of the US at this point and I understand you opinion the one out of status issue...but I'm over that and we are now moving on to filling out and mailing out the appeal and amending it later...as you said. Also with regards to the lawyer she told us that if it was her she would file the appeal and then amend it later. It wouldn't hurt to file it but when we find out the reason for the denial then we could decide to go on with the appeal or just wait for the I-130 to be approved because it is still pending and then go ahead after that and just re apply for the AOS and EAD. Again thanks for your interest and help.

[Killer_Clown_2009 0]

Are you filing a motion to reopen or an appeal? I don't think you can appeal a denied AOS in your situation.

[mabdelbaqi 0]

Are you filing a motion to reopen or an appeal? I don't think you can appeal a denied AOS in your situation.

We are filing to appeal based on the fact that we haven't received the denial notice and have no idea why it was denied and then when we find out why it was denied we will file to change the appeal for the reason of the denial..if that makes sence.

Also to everyone concerned about my issue with my husbands status, I understand the difference of being out of status and unlawfully present. That is also how the lawyer explained is so when I posted there must have been a misunderstanding in my post...but again thanks for the concern. We are mainly concerned now with the date on his I-94 and trying to get a reason for the denial before then so we can reapply if that is what we need to do so that his status will be ok with the pending applications again.

Melissa

[rebeccajo 14]

Oh gosh.

I'm beginning to wonder if you have a denial or an RFE..........

[Magnolia31 0]

This might be a really stupid question BUT, since you haven't received a letter of denial, won't they ask you how you know you are denied when you file the appeal????

Are you filing a motion to reopen or an appeal? I don't think you can appeal a denied AOS in your situation.

We are filing to appeal based on the fact that we haven't received the denial notice and have no idea why it was denied and then when we find out why it was denied we will file to change the appeal for the reason of the denial..if that makes sence.

Also to everyone concerned about my issue with my husbands status, I understand the difference of being out of status and unlawfully present. That is also how the lawyer explained is so when I posted there must have been a misunderstanding in my post...but again thanks for the concern. We are mainly concerned now with the date on his I-94 and trying to get a reason for the denial before then so we can reapply if that is what we need to do so that his status will be ok with the pending applications again.

Melissa

I wonder too.

Oh gosh.

I'm beginning to wonder if you have a denial or an RFE..........

[Magnolia31 0]

One more SERIOUS question. I hope someone can answer this because I asked before. How is it that USCIS customer service (misinformation line) has information whether a case has been denied? I thought I read somewhere that they don't have access to this. I think they are probably wrong - never trust the misinformation line.

To the OP, did you call USCIS again to have another person verify what you were told about the denial?

Hello everyone, I am in need of some help and advice ASAP! Please except my apology in advance for this thread being so long but its a complicated situation. So here's the story and I hope that someone can help or just have some advice.

I am a US citizen and my husband is from Jordan, we filed 3 forms back in March of 2007, we filed the i-130, i-485 and also i-765. We are now being told my Immigrations customer service that both the 485 and 765 were denied on August 2, 2007 however we still have not received the denial notice so we don't know the reason and they cant tell us over the phone. The thing that is bothering me is that we never went or got a interview date. So with only 30 days to appeal the decision we have now lost 15 days because we still haven't received the denial notices. We have a appointment for monday at the local office but I was wondering if anyone has had this happen to them and has some advice. Also if they know what is the next step that we need to do now.

Melissa

[mabdelbaqi 0]

This might be a really stupid question BUT, since you haven't received a letter of denial, won't they ask you how you know you are denied when you file the appeal????

Are you filing a motion to reopen or an appeal? I don't think you can appeal a denied AOS in your situation.

We are filing to appeal based on the fact that we haven't received the denial notice and have no idea why it was denied and then when we find out why it was denied we will file to change the appeal for the reason of the denial..if that makes sence.

Also to everyone concerned about my issue with my husbands status, I understand the difference of being out of status and unlawfully present. That is also how the lawyer explained is so when I posted there must have been a misunderstanding in my post...but again thanks for the concern. We are mainly concerned now with the date on his I-94 and trying to get a reason for the denial before then so we can reapply if that is what we need to do so that his status will be ok with the pending applications again.

Melissa

I wonder too.

Oh gosh.

I'm beginning to wonder if you have a denial or an RFE..........

I was thinking the same thing but since we were told by someone on the 1 800 number that we were denied plus when the lawyer called they also told her we were denied but we don't know the reason yet because our case is not in California yet it is still in Missouri. So I can either apply the appeal under that reason or I can state that we know that a letter with the decision was mailed out and that we need to know the reason...if that makes sense. Either way I am looking at a long drawn out fight with immigration I think. I am starting to believe that it was denied because they didn't get our last RFE that we sent back in April. What happened I think is that we had two different RFE on for the AOS and on for the EAD and when my husband mailed them back he put them in the same envelope because they were going to the same address? I don't know why he did that but he did. And online it only told us that they received the evidence for the EAD and not the AOS so when I called they said that someone might have not updated the system or that the evidence for both applications were put into the file for the EAD and I'm thinking that after so many days they denied it because the evidence was not there. But here's the question if that is the case and someone from there office put both RFE in the wrong file is that there mistake or is it ours?

[mabdelbaqi 0]

This might be a really stupid question BUT, since you haven't received a letter of denial, won't they ask you how you know you are denied when you file the appeal????

Are you filing a motion to reopen or an appeal? I don't think you can appeal a denied AOS in your situation.

We are filing to appeal based on the fact that we haven't received the denial notice and have no idea why it was denied and then when we find out why it was denied we will file to change the appeal for the reason of the denial..if that makes sence.

Also to everyone concerned about my issue with my husbands status, I understand the difference of being out of status and unlawfully present. That is also how the lawyer explained is so when I posted there must have been a misunderstanding in my post...but again thanks for the concern. We are mainly concerned now with the date on his I-94 and trying to get a reason for the denial before then so we can reapply if that is what we need to do so that his status will be ok with the pending applications again.

Melissa

I wonder too.

Oh gosh.

I'm beginning to wonder if you have a denial or an RFE..........

When I called back again they told me that they were unable to tell me over the phone if it had been denied because of security issues and was told the person the day before should have never told me but when the lawyer called I believe they did tell her that it was denied but said they did not have the reason and wouldnt until the file was in California.