What happens if AOS is denied?

[monyfer 27]

Ok, I am getting a bit nervous. We filed for AOS/EAD/AP in November and my hubby got his EAD/AP in the new year and found a great new job he is happy working at, has his driver's license, we've settled into life happily. Last week, we got an RFE for AOS because the vaccine supplement form hadn't been signed by my husband. The Civil Surgeon recognized that was their fault for not having him sign it before sealing the envelope. So, we went back to get it done. The receptionist wouldn't give me a copy even though I asked. She showed it to me and it looked properly signed by the CS and husband and filled out, she didn't let me see the second page with the vaccine transcript, but I am assuming she just copied his file from the last form she filled out onto the new form, but again I didn't see it.

So now I am absolutely paranoid sick with fear we will get denied if they filled out something wrong, missed a line, or wrote something on the wrong line. After doing some VJ research, it looks like they don't issue more than one RFEs and will deny if there is something wrong the second time with the stuff you sent back. Even though, it wouldn't be our fault because the CS office filled out all the stuff, hubby just filled out his personal information and signed.

If they deny AOS, do they immediately revoke your EAD and AP? I know you can refile for AOS, but does that mean you have to refile for EAD and AP as well? Would hubby have to quit job potentially? Or when you refile can you keep EAD and AP? I am so sick with worry and I feel like we are so close to the end of the process for now anyway and yet we have this bump and I just can't rest not knowing. I am trying not to be negative and think positively but because this was beyond our control, and who knows if the guy reviewing our case has a bad day and sees the CS did something wrong AGAIN and..?? Ok now I am just doing worst case scenarios in my mine, hopefully everything will be fine, but I just always think it best to prepare for the worst to know what we would have to do We also have a trip planned out of the country in May which we couldn't get our money back on, but how does it work if you refile can you keep AP too or no? And what about the work situation? Any advice or comforting words are appreciated!

[kzielu 1,149]

When AOS is denied, AP/EAD are both void.

[aashug 0]

Monyfer,

I think you are over thinking the stituation. Maybe you should trust that the medical office did they part correctly. Keep checking the USCIS website for updates on your status. At the end of the day everything works out for the best....

Good Luck!!!

[LoriT 16]

I don't have any answers for you.. just wanted to say that I'm right there with you. We are still waiting for the paperwork telling us exactly what the RFE is for. It's terrifying. My stomach drops every single time I go to the mailbox. I hope things get sorted out for you soon!

All my best

Lori

[Harpa Timsah 13,258]

Monyfer: You are right that failure to respond properly to an RFE normally results in a denial; however, this form is not your responsibility. If the CS messed up AGAIN, I think something else will happen, not a denial. They might send a second RFE (I have seen them do this when the person responds in good faith but still messes up, and since it's not your job to do this form, I think that would be appropriate here). Perhaps the second RFE would say not to go back to the same CS... lol. Just relax as much as you can... I know you've had a long journey.

Edited March 21, 2012 by Harpa Timsah

[VanessaTony 3,567]

1. If they deny AOS, do they immediately revoke your EAD and AP?

2. I know you can refile for AOS, but does that mean you have to refile for EAD and AP as well?

3. Would hubby have to quit job potentially?

4. Or when you refile can you keep EAD and AP?

5. We also have a trip planned out of the country in May which we couldn't get our money back on, but how does it work if you refile can you keep AP too or no?

6. And what about the work situation? Any advice or comforting words are appreciated!

Agree with Harpa that HOPEFULLY because it's the CS's form and not yours that it won't result in a denial.. but we can't guarantee that.

In answer to your questions above:

1. Yes

2. Yes

3. Yes

4. No. They are void and you need to get new ones

5. Hopefully you could get the AP expedited on grounds of financial loss

6. Stated above. If he gets a denial letter he needs to stop work immediately. Then you refile AOS and he needs to not work until he gets his new EAD.

[monyfer 27]

Thank you for your replies and clearing up my questions. Hopefully, everything will turn out fine, but I will be on pins and needles until I know for sure. You know what say...hope for the best but prepare for the worst. Thank you all for your good wishes.

[JimVaPhuong 4,863]

If it's denied because of an improperly completed I-693 then DO NOT REFILE! Instead, file a motion to reopen - I-290B. Being denied for improperly completed documentation is a perfect case for a motion to reopen. The advantages are:

1. It reopens your existing case, rather than starting a new one. You just need to provide the improperly completed documentation. Go to a civil surgeon that isn't a jerk and get the I-693 completed properly. Any civil surgeon who refused to give you a copy of the I-693 is a jerk - don't give them any money.

2. USCIS policy is to allow an EAD to be renewed or extended while the motion is being considered. Include another I-765 with the I-290B. Your husband should be able to continue working because it's a renewal/extension of his previous EAD, and not an application for a new one.

3. It costs a lot less - $630, as opposed to $1070 for a new application.

4. It's faster. You should have a decision within 90 days.

The downside - you only have 30 days to file the I-290B. If you get a denial notice then act quickly.

[monyfer 27]

If it's denied because of an improperly completed I-693 then DO NOT REFILE! Instead, file a motion to reopen - I-290B. Being denied for improperly completed documentation is a perfect case for a motion to reopen. The advantages are:

1. It reopens your existing case, rather than starting a new one. You just need to provide the improperly completed documentation. Go to a civil surgeon that isn't a jerk and get the I-693 completed properly. Any civil surgeon who refused to give you a copy of the I-693 is a jerk - don't give them any money.

2. USCIS policy is to allow an EAD to be renewed or extended while the motion is being considered. Include another I-765 with the I-290B. Your husband should be able to continue working because it's a renewal/extension of his previous EAD, and not an application for a new one.

3. It costs a lot less - $630, as opposed to $1070 for a new application.

4. It's faster. You should have a decision within 90 days.

The downside - you only have 30 days to file the I-290B. If you get a denial notice then act quickly.

Thank you for this info, JimVaPhyong. Very informative and comforting to know we have it as an option, if we need it (although I am hoping/praying/crossing my fingers that we won't!)