Previosly rejected case and marriage based AOS

[Nocigar]

Ok, last Feburary my case for employment based 245(i) adjustment was declined because according to immigration I should have filed on or before April 2001. Well I was quite ready to move back to Cananda when I started dating my current wife. I told her quite early on that I would need to be sponsored and so on..So, we filed a marriage based AOS in September. So our intereview is coming up in a few weeks.

My, question how does a previous rejection affect this marriage based petition.

I love her dearly and we marriaged for all the right reasons with our familes blessings.

So, my question how does the previous rejection affect this current case.

[Nocigar]

Ok, last Feburary my case for employment based 245(i) adjustment was declined because according to immigration I should have filed on or before April 2001. Well I was quite ready to move back to Cananda when I started dating my current wife. I told her quite early on that I would need to be sponsored and so on..So, we filed a marriage based AOS in September. So our intereview is coming up in a few weeks.

My, question how does a previous rejection affect this marriage based petition.

I love her dearly and we marriaged for all the right reasons with our familes blessings.

So, my question how does the previous rejection affect this current case.

[antivirus]

Your case will not be denied but you will have to go to your orgin country and apply from there. If they find you are here illegally then they may bar you for 10 years. Contact a lawyer before you make any moves.

[SunDevilUSA]

That isn't necessarily true, Antivirus.

Nocigar: Assuming that you entered America legally, after inspection at the border, marriage to a U.S. Citizen will allow you to remain in the country and be processed for adjustment of status.

As for the rejection of your previous AOS application, I believe that it may be an issue, albeit not an insurmountable one. I think that your burden of proof to convince USCIS that your marriage is, indeed, genuine will be greater...especially given the short time-frame involved relative to your original application being denied.

[antivirus]

I am assuming he entered illegally because he is mentioning the use of 245(i). If you have entered legally then your case is less complicated, but still not 100% sure.

[SunDevilUSA]

Antivirus: The questioner is Canadian...and it seems almost impossible that a Canadian would enter America illegally, given how easy it is for them to legally cross the border. The use of 245i would have been necessary once an overstay situation occurred...but the application was submitted after 245i was no longer available.

[Houston]

The previous denial of your AOS case should not be a problem unless you were served with a final order of removal and did not leave.
It that is not the case, you can AOS without leaving the country. CIS however could see your marriage as a marriage of convenience to avoid leaving the U.S.
If worse comes to worse, they could launch a field investigation or ask you to provide additional evidence of a bona fide relationship.
Since you already tried twice to obtain an immigrant visa, you can also be seen as an alien who had preconceived intent to immigrate. Since your "current" petition classifies you as a relative of a citizen, you should not worry about this unless you lied, with intent to defraud, to the immigration agent at the border. (Cavazos, Ibrahim, Batista).
This is not legal advice, for legal help you should always contact an attorney for a person to person consultation).

[Nocigar]

Thank you Houston for the response. I had a reply similar to yours by an attoreny who I fianlly contact. Well, as fore additional evidence is concerned I dont have any issues with that. I can provide effidavits from HER father, mother and so and and so forth. I can even invite the officer to my house for dinner to prove we did not marry for "GC purposes". That being said We dont have any issues is proving or super duper proving that this marriage was not entered for the purposes of getting a visa.