AOS denied

[sjoefl01 1]

Most people that I have read here decide to file again. I don't think many people know much about appeal or reopen. It is a shame that this happened. I guess it is a spilled milk deal. Nobody really knows what these crazy bastards want.

[Anastasia 1]

I decided to reapply, but now that I fill out the paperwork I'm not quite sure how I apply for it. Would it still be an application for AOS based on admission as K-1 fiancee and a marriage afterwards, or would it be something else now, since my status as a K-1 expired a long time ago? I thought I would apply as a spouse of a US citizen, but now I saw in the AOS instructions that it would require me to have an approved I-130 first.

Also I heard people saying there were people who reapplied successfully for their aos after a denial, but I'm still worried about it. What if they open my application and my files and see that I was denied one time already and come up with something like "once you're denied it's final and you can't reapply because the decision has been made"

[allynella 0]

It's a pity that you have to suffer for their screw-up .

[SanDan 0]

Oh man, that really sucks... I hope everything works out with the new application Good luck!

Edited February 4, 2006 by SanDan

[sjoefl01 1]

I would think it would be a repeat of the same filing as if it never happened. I don't blame you for worrying but I don't see where your status has changed. You are still the souse of a US citizen that came here on a K1 visa that wants to adjust your status to a PR.

You might want to ask a couple of questions that may have to be answered by a lawyer.

Do you have to wait until the pending petition is completely out of the system before you can file again?

If I were in your position I would want to get the new petition filed ASAP.

I am pretty surew you will be getting a letter that tells you to leave the country. That is pretty scaRY. I would feel a lot better with the NOA1 of a new I 485.

[Anastasia 1]

I would think it would be a repeat of the same filing as if it never happened. I don't blame you for worrying but I don't see where your status has changed. You are still the souse of a US citizen that came here on a K1 visa that wants to adjust your status to a PR.

You might want to ask a couple of questions that may have to be answered by a lawyer.

Do you have to wait until the pending petition is completely out of the system before you can file again?

If I were in your position I would want to get the new petition filed ASAP.

I am pretty surew you will be getting a letter that tells you to leave the country. That is pretty scaRY. I would feel a lot better with the NOA1 of a new I 485.

Yes, we're filing a new one as soon as possible, but we have to wait a few more days till we get all the documents ready, like for example I still have to wait for the blood test results for my medical examination, so I can't have it until monday. We also have a meeting with a lawyer, but that's on tuesday. But before I go there I want to figure out as much as possible by myself, so then if the lawyer doesn't know what he's talking about I will know it right away and get another one.

The petition is not pending anymore, because it was denied. That's how I understand it.

[kc456 0]

That seems like the right course of action.

I agree that it would be a repeat of the earlier filing, so your status would be identical.

Hope things work out!

[diadromous mermaid 36]

Don't quote me on this, but I believe that since the AOS has been denied in reapplying all things are equal except for the fact that you might be considered out of status since the date of the submission of the first AOS package. You might want to query that with the lawyer when you meet, just to be sure.

Edited February 4, 2006 by diadromous mermaid

[sjoefl01 1]

You might want to ask the lawyer about the status. I agree that you have been denied but you are still in the period where you have the right for a reaction to that denial ( Reopen / Reconsider ). I would worry about how the case shows up in the USCIS database. I would want to be sure that the new filing wasn't going to confuse the system. I am not saying that it will, or that I have some knowledge of this. It is just something that I would want to ask.

I would think it would be a repeat of the same filing as if it never happened. I don't blame you for worrying but I don't see where your status has changed. You are still the souse of a US citizen that came here on a K1 visa that wants to adjust your status to a PR.

You might want to ask a couple of questions that may have to be answered by a lawyer.

Do you have to wait until the pending petition is completely out of the system before you can file again?

If I were in your position I would want to get the new petition filed ASAP.

I am pretty surew you will be getting a letter that tells you to leave the country. That is pretty scaRY. I would feel a lot better with the NOA1 of a new I 485.

Yes, we're filing a new one as soon as possible, but we have to wait a few more days till we get all the documents ready, like for example I still have to wait for the blood test results for my medical examination, so I can't have it until monday. We also have a meeting with a lawyer, but that's on tuesday. But before I go there I want to figure out as much as possible by myself, so then if the lawyer doesn't know what he's talking about I will know it right away and get another one.

The petition is not pending anymore, because it was denied. That's how I understand it.

[Txjourney 0]

Sorry to hear.

Nothing is really bad, just stick to it.

Good luck

[Jasman0717 9]

[one_coolchiq 0]

Im so sorry i know how this sucks big time. Goodluck guys

[Anastassia 0]

Hope it works this time.

Why did they deny you ?

I am keeping my fingers crossed.

Ana