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What happens to the family after a AOS denial?...

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  • What happens to the family after a AOS denial?...

    Can anyone explain what will happen to the marriage after a denial of a marriage-based to USC AOS? What if a deportation is initiated even though the marriage is real? Are the spouses considered automaticly "divorced", or can they do anything for saving their marriage if one of them is already sent (or voluntary departed) to his/her home country?...
    Please, share any experience or information

  • #2
    Can anyone explain what will happen to the marriage after a denial of a marriage-based to USC AOS? What if a deportation is initiated even though the marriage is real? Are the spouses considered automaticly "divorced", or can they do anything for saving their marriage if one of them is already sent (or voluntary departed) to his/her home country?...
    Please, share any experience or information

    Comment


    • #3
      what is the reason for denial? is the person already taken the voluntary departure?
      Do you have a lawyer?

      Comment


      • #4
        to afriend:
        This was meant as a general question only, sorry if I mislead you in any way...The concern is here though, INS are inpredictible, they can always dig out something "misrepresented" and based on that deny AOS...I only wanted to know in advance what would happen if something went wrong at the interview...
        Would appreciate some info along these lines.

        Comment


        • #5
          First, if this marriage is as real as you claim, what are you worried about? To castigate the INS is pure crap. When did you become an expert on how the INS performs its job? Do you work there?
          If you have been hearing stories from all of your friends, well, who made them "experts" and where did they supposedly gain their insight to the way INS works? What is the real reason for your paranoia? Did you overstay? Did you lie to INS? Did you lie to get a visa? Did you enter the US without a visa?
          People who have followed the rules have little to fear from INS except delays caused by both a backlog of paperwork and insufficient staff.
          Only people who have broken the rules have anything to worry about. Which category are you?

          Comment


          • #6
            FYI I am very happily married, did not overstay, did not marry 60 nor 360 days after arrival, was never out of status, did not lie to INS...But after reading so many stories on THIS board about denials because "N/A" was put where "none" should be, or because an explanation for a minor misdeminor(case dismissed) did not exactly match word-for-word the police records, anyone can get a little concerned, right? And I also think that this board is for sharing, advice, help, and support, not for lecturing, patronizing and waving your index finger...

            Comment


            • #7
              This board is not supposed to be for advertising. What ever else is contributed is not regulated, by you or anyone else.
              I have a lot of friends who work for INS and to read your "waving finger" state "INS can always dig out something misrepresented" is disingenuous when you have no idea of what you are talking about.
              And if you are in the situation you described, why are you scared or concerned? Most likely you have a friend, legal or otherwise, who is about to file papers with the INS. The INS's biggest problem is the virtual mountain of paperwork that is sent to them each day, and often the people who have submitted the forms have lousy handwriting or cannot follow instructions - all of these kinds of things could lead to delays. Contrary to your belief, not everything is INS's fault. Their organization is too big and too swamped to remain efficient. But people who fill out forms, etc, inaccurately are likely to have things processed for themselves slowly.

              Comment


              • #8
                In answer to the other part of your question, if a marriage petition is denied, it would normally be after certainty evidence has been asked for and reviewed. Then, if the petition has been denied, the alien "former spouse" could be asked to leave the US, or forced to leave, depending on the circumstances. His or her departure, forced or otherwise, does not annul the marriage; it only means there is no approved petition on file by which the alien spouse could eventually apply for an immigrant visa. Whatever happens to the relationship no longer depends on INS. Sometimes another petition can be filed and readjudicated. Sometimes not. But denial of the petition does not legally end the marriage. However, the alien spouse who might be out of status could face other problems.

                Comment


                • #9
                  Thanks alot. That's all I needed to know...and there was actually no need of this unpleasant exchange, but people are different and sensitive in their own way, so I understand...Take care

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