What happens if your AOS is denied?

[Adriane]

We had our interview today for AOS in San Antonio. It didn't go well. We were told that they would review us (great, another frickin' backlog) and let us know in the next 180 days.

I still think we'll be approved, eventually. But in case we are not, what is the next step?

They took Mr. Adriane's EAD card & his I-94 so now he can't work again and also can't cross the border back to Mexico if he's keen on getting back into the US.

I'll post more details later- for now a stiff drink is calling.:waiting:

[Laura]

OMG - What? Have the drink and let us know what happened. I really hope it doesn't take 6 months!

[angela256z]

***? Why did they take his EAD? I hope you get some answers soon girly.

[Pinkpig]

Oh for gosh sakes....just unbelieveable....have a couple of drinks, some wild crazy sex and then let us know tomorrow.....

we will keep the light on. Hugs, Mr and Mrs Adriane.....:)

[kitkat1]

Oh Adriane, but a huge pain the *ss to be dealing with this. I'm sure it was just a nasty interviewer and it will be all be resolved in a matter of weeks. Hang in there - we're thinking about you two!

[discoviking]

What?? After approving your waiver and giving Mr. Adriane a K3, they are questioning the validity of your marriage now? This must have been some grumpy old adjudicator who hasn't gotten any in a long time. These people have way too much power. It's disgusting. But it will work out in the end. Hang in there.

[Pooh79]

Adriane I have heard that when they take your EAD away its a sign that they will approve you....at least that seemed the case on a lot of VJ members. I am really sorry the interview went bad.

I know of an old member whose AOS was denied b/c they did not respond to a RFE (they said they never received) and they were able to refile and subsequently got approved. Hang in there HUGS

[Pooh79]

You know this is why I am recommending to all newbies to not go with K-3s the AOS interviews here in the US "can" go bad ughhh.

[carloslovesbetty]

Well i am pretty sure you guys are going to get it soon!


by the way what went wrong in your interview?

[losguerra]

What??!! That is way too crazy. Ugh. I'm sorry...

[LilB]

Adriane, I'm so sorry to hear that. I understand the process when you go the K3 route, but I don't at the same time. Am I even making sense?

I went the IR1 IV route so sorry for sounding stupid asking these questions. So, here it goes: When you go K3, the CDJ interview is faster. You still submit a waiver if you have to and can come back into the US. You're saying they took away his EAD card. Did he get that upon K3 approval, or did you have to pay and wait to get it? Isn't that EAD permission to work until they make a decision on his AOS? Why did they take it away now? And, also, this is the main question I really have. AOS interviews: Both of you have to go? Do they interrogate you like you're in court or something? Or just simple questions? I wonder why they didn't approve it immediately...that's weird. You had an outstanding waiver packet for CDJ and a true marriage. I wonder what the big fuss is all about.

I pray this gets resolved soon. Hugs.

[ojos_de_alicia]

ohh Adriane this sucks!! but really you guys have nothing to hide and im sure they will approve you soon. i agree the person was prob grumpy. Hi to you and mr adriane im thinking about u guys!

[MendozaQH]

Hey Adriane, they can't deny you just because they want to. They would have to provide an RFE or something. Try not to worry about it too much, I had a friend who did an AOS and they told her she was denied because she was missing an application form (which she did NOT need). 2 days later she was approved and had the GC by the next week! Just keep checking the status online (or sign up for the email updates).......it is almost over, don't worry!

Good Luck!

[Marie]

OH man Adriane, how are you today?? That's crazy!

[tasksgirl]

I don't get it why would they do that? Did they give any reason? Do they doubt your marriage?

[losguerra]

How in the world do they doubt a marriage when the USC has LEFT HER COUNTRY to live with her husband in Mexico to obey the law?????

This system disgusts me.

[chalakita]

OMG - Thats BS! Are they crazy? Sorry Adriane :(

[JennyM]

WOW! that is crazy....you would think that if the USC gave up everything for the spouse...it shouldn't be challenged.

[gdalicia]

Adriane, we are in the same boat. I don't feel that our interview went particularly well either and hubby and I both left feeling worried and pessimistic. However, as others here have pointed out...unless they asked for more information or pointed out something specific chances are that you will be approved.

Our interview day was horrible. We arrived late which seemed to really piss the Officer off and then hubby and I bickered for the rest of the day and were basically just in terrible moods because of our experience. I know what you are going through right now...but keep the faith! You have nothing to hide. My guess is that they like to screw with people who have EWI'd because they feel that we've cheated the system somehow and haven't waited as long as others who've done it "the right way". So rather than approve us on the spot they make us wait and wonder....the fact is there is NO reason for them to deny you and sooner or later the greencard will be in the mail.

[MendozaQH]

Adriane, we are in the same boat. I don't feel that our interview went particularly well either and hubby and I both left feeling worried and pessimistic. However, as others here have pointed out...unless they asked for more information or pointed out something specific chances are that you will be approved.

Our interview day was horrible. We arrived late which seemed to really piss the Officer off and then hubby and I bickered for the rest of the day and were basically just in terrible moods because of our experience. I know what you are going through right now...but keep the faith! You have nothing to hide. My guess is that they like to screw with people who have EWI'd because they feel that we've cheated the system somehow and haven't waited as long as others who've done it "the right way". So rather than approve us on the spot they make us wait and wonder....the fact is there is NO reason for them to deny you and sooner or later the greencard will be in the mail.


So you weren't approved on the spot either? Did they give you a reason? What does the update on the case status say? Sorry, just curious as to what they are saying.......

[gdalicia]

My I-485 is still not online so I have no updates unfortunately. We were told that she would "review the case and we would be hearing from her in two weeks to a month". She did not say we were approved.

Another quick note: to my knowledge there aren't any folks on visajourney.com that have done waivers and are now doing AOS so it may be that this is how all I-601 folks are treated. I would not recommend for I-601 folks to do the K-3 route. IMO it's better to wait a bit longer for the interview and just be done with everything. You still have to go to CDJ and deal with the medical exam and the interview there so I really don't see what the advantage of the K-3 is other than time. We ended up getting him home way faster, and will still probably get the GC much faster than we would have had we gone the I-130 route, but I still think it's worth it to do everything at the Consulate and just be done.

[losguerra]

that's an interesting observation, gdalicia. Good to know. I'll need to pass the word on to my friends considering fixing their spouses' statuses.

[tasksgirl]

:( what in the world did I get myself into??

[tasksgirl]

Has anyone on this site ever done the waiver and successfully completed the AOS?? Now that I think of it I don't think anyone is there yet !! :eek:

[Pinkpig]

Has anyone on this site ever done the waiver and successfully completed the AOS?? Now that I think of it I don't think anyone is there yet !! :eek:

Yes, Kennah for 1... PM her. tell her that I sent you to ask her. :thumbup:

[gdalicia]

It used to be that I-130 approvals were taking over a year, and then once the case was completed at the NVC it was taking another year at CDJ to schedule the first interview. The K-3 route made sense at that time because the I-129 approval was relatively quick and then the interview would be scheduled within a few months of the case being completed. Also, they were allowing K-3 folks to switch their interviews to the CR-1 as long as their paperwork made it to CDJ in time for the second interview after waiver approval. Then that became a problem when the NVC stopped automatically forwarding I-130 cases as soon as they were completed and instead were holding them until an appointment became available at CDJ. They stopped doing it *just in time* for our case, and then started allowing people to do it again shortly after my hubby came back on the K-3. You have to fax your request to the Consulate and my sense is that it's still definitely not a sure thing.

Now that I-130 approvals are taking about 6 months and the first interviews are being scheduled much more quickly, I think the advantages of the K-3 have diminished. Besides that, you must pay a whopping $1010 for AOS now that the fees have doubled. It may still make sense for some folks but I think in general the I-130 route is less money and hassle at this point.

[tasksgirl]

Thanks I just noticed Briza and Kennah..
Yeah things have changed ALOT even since I first sent the I-130.. I would definately reccomend that anyone just now starting this NOT do the K3.. I don't have alot of regrets usually about anything but I definately regret that..

[Pooh79]

I agree with gdalicia what was smart and reasonable back in our day isn't so right now. I would def go the I-130 route opposed to the K-3. JMHO

[carlosalica]

We were lucky and our K-3 and Cr1 were at the consulate at the same time so my husbands first interview was for the CR1. I feel so lucky now seeing what you guys have to go through for AOS. Adriane and gdalicia I hope everything turns out good for both of you!

[gdalicia]

Yeah, it's been a big pain. But, that's just how this process is...totally unpredictable. You spend months worrying about something that never ends up being a problem, and then something comes out of left field that you never would have suspected. I think of what poor Ellie and others went through having to wait months for a pick-up and I stop feeling sorry for myself. I figure we got lucky on some things and unlucky on others.

[tasksgirl]

Yeah, it's been a big pain. But, that's just how this process is...totally unpredictable. You spend months worrying about something that never ends up being a problem, and then something comes out of left field that you never would have suspected.

OMG so true..

[carlosalica]

:ditto: to everything you just said.
It is funny isn't it how we worry and worry about this or that ( I know I know I was guilty worrying about getting an interview.. adn turns out if it would have been just another month and a half more we would have gotten to take advantage of the pilot program:shy:) Yeah that's just the way the cookie crumbles and there's nothing we can do to change it.

[Adriane]

Okay- HUGE UPDATE!

:yay2:We are approved. :yay2:

Mr. Adriane had his passport stamped about an hour ago. Last night was the longest night of my life and this morning (up until I got the phone call) wasn't much better either. And now, like magic, it's all finally over.

Here's what happened-

Our interview was in San Antonio, which is the address we have been using since we began this process. I got nervous about our living in CDJ/El Paso and not disclosing it, so two weeks ago I called the USCIS 800 number and asked them what I should do, if I would need to cancel my appointment or if we could just file the AR-11, say we'd moved to El Paso and then still go to our San Antonio interview. The guy at the 800 number (who's name & ID number I got & had) told me yes, that would be fine. So I did.

Anyway, our interview was yesterday morning at 8:30 a.m. We left two hours early from my mom's house to make sure we weren't late and got to the building 20 minutes early, clad in suits, with a copy & duplicate copy of every single sheet of paper I have ever submitted or received from USCIS, copies of every imaginable tax record & W-2 for me & my co-sponsor and a stack of 100 photos & other documents to prove our "legitimate marriage."

The guy that called us back was shorter than I am (and I am short) younger than me and totally bald. I asked him if he was "Officer 23" which it said on our appointment letter and he said that he was. He showed us into his office and told us "I'm already running late and it's only 8:30."

He takes a bunch of documents, photocopies of some and gives some back.

Then he started asking questions, basic stuff, and asked where do you live? Mr. Adriane said, 'we just moved to El Paso' and the guy freaked out. "Well it says here you live in San Antonio-" I jumped in, showed him my receipt from submitting the AR-11 and the name & ID number for the guy I'd spoken to and he said, "Well, the people who answer the phone do not have the extensive training and rank that I have." Oh geez. So anyway I fall all over myself apologizing and telling him I'll be happy to do whatever he needs, etc., and finally he says "Well, alright, you're not in my jurisdiction anymore but I'm going to cut you guys a break. Aren't I a nice guy?" We tell him that yes,:waiting: he's very nice and he goes on.

He asks Mr. Adriane when my birthday is, how many bedrooms our house has, where we met, who was at our wedding, what his own Mother & Father's first names are (?), if he's ever done drugs and if he's a communist.

Then he asks a bunch of questions about the times Mr. Adriane tried to enter and how and if he was caught and Mr. Adriane answers them all truthfully. Then he says that his throwbacks count as Voluntary Departures, which I know they don't, and he makes Mr. Adriane initial next to something. Then he asks if he's ever committed any crimes- Mr. Adriane says no and then the guy says "Well, you entered the country illegally. That's a violation of Law # Blah, blah blah- don't you think that is a crime?" Mr. Adriane apologizes and the guy has him initial a few more papers.

At this point, I am freaking out. He still has not told us his name or given us a card (Mr. Adriane says he told us him name in the elevator on the way up from the lobby, but I don't recall) and I see a diploma on the wall behind him & make a mental note of his name.

He asks a few more questions, largely centering on our life in Juarez. Each even he asks about, when we met, our wedding, our life in CDJ, when Mr. Adriane got his visa, I try to show him photos of, to sort of lighten the mood- but he doesn't want to see any of them.

Then he says, 'well, I've got other things to do now. You two can go, you'll be notified of my decision by mail within 180 days.' And that was it. He didn't look at one item that would verify our legitimate marriage. Mr. Adriane tried to shake his hand as we left and the guy just left him hanging.:wha:

As we're driving home, Mr. Adriane starts putting our documents back in order & that's when we realize he took the I-94 and the EAD card. I freak out a little bit more.

When we get home I call my dad (who seems to have friends everywhere in various governmental offices) and tell him what happened. A woman calls me later & tells me she's a friend of my dad's and I tell her what happened- she says that the guy shouldn't have taken the EAD card and that I must get it back. I try calling the San Antonio field office and get no where. I call the 800 number, no luck there either.

Then she calls back. She tells me that she has a number to someone in the building, not this guy but that maybe if I call it I can pretend I got there by mistake & get transferred. We try (she was listening in on 3-way) and it works- and the Adjudacator answers.

He seemed shocked that I was calling him (given as how he didn't give me a name and that his number and all the numbers to that department are not published.) I told him we must have forgotten the EAD card & the I-94 and that we needed them for Mr. Adriane's job interviews next week and he says "Well, if I approve you then you won't need them anymore. And if I deny you, then I'd be revoking them anyway. So either way, I'll just keep them." Then he tells me that we'll be notified by mail within 180 days and that I may appeal his decision if I so chose.

A very rough night follows. No need to get into details, ya'll can imagine.

So then this morning, I fly back to El Paso to go to work & about 10 am my mom calls & says that the adjudacator is on the phone with Mr. Adriane at that very moment. She said they've been talking for about 15 minutes. When Mr. Adriane gets off the phone, he says that the guy asked him a bunch of questions about our relationship and then tells him that he's approved. He says that he can come to the office to get a stamp in his passport that says he's an LPR.

So he & my mom (as back-up, just in case!) go down to USCIS and it's a whole new guy. He tells Mr. Adriane welcome to the US< congratulations, shakes his hand, voids his K-3 visa and stamps something in his passport about being a LPR and that he can work. Tells him to have a nice day. Just like that.

I am completely emotionally drained, but happier then I have been in a long, long time. Or 872 days, the amount of time it has been since we first left the US and began this process. I think it'll take a while to set in that it is finally, finally over.

[~MP~]

woohoo! congrats!

[gatita]

What a stupid nightmare! I'm glad that it's over for you two.

[LilB]

Wow, Adriane, your story had me at the very edge of my seat!:ah:

What a mean man!!!! He just loves to mess with people and their lives! You know, I wonder if he was planning to deny him but then got a huge shock that you called him on his telephone. And then he probably thought, "this girl has connections" after he hung up with you. Or he probably slept on it and then the next morning decided to call Mr. Adriane.

But, all in all: This is for you!!!!

http://eclectech.co.uk/b3ta/humphdancesixties.gif

The happy dance! Hope the animation works!!!

[MendozaQH]

Yayyy Adriane, it is finally over! You can breathe easier now :)

[Pooh79]

Oh Adriane I am super happy that it all resulted in good news.

[tasksgirl]

aww! you made me cry ! I am so glad it worked out for you! Do you think you got an approval the next day because of "connections" or he was going to approve you guys anyway? Geez he seemed power hungry.. how old was he??

[mrs.Lema623]

What a jerk that guy was, he probably knew all along he was going to aprove you,but wanted to make you guys suffer a little more. What a *ss hole. Well that no longer matters, what matters is that you were approved. Congratulations!!!

[discoviking]

Congratulations! This is great news! I agree with Lynette, this first adjudicator is probably some pathetic, lonely guy who is angry at "the Mexicans who steal our american women", and not realizing the real reason why he isn't getting any dates. He was probably planning on dragging things out for as long as he could just because he can, but thought better of it once he realized you have connections. That's my theory, anyway.

It doean't matter now, though. Mr. Adriane has his I-551 and 'Employment Authorized' stamp in his passport, (Still remember when I got mine at JFK Airport) - and the green card will arrive soon. Time for you to celebrate, now! I'll think I'll have a beer and celebrate with you. Cheers!!! :party2:

[Pinkpig]

WTH?

I am so glad that you got approved, but what a couple of days?

Take care and try to just let it all go. You are finished. Congratulations!

[Laura]

Wow, what a crazy story! I'm so glad you got approved, but what a bizarre tale. :party2:

[losguerra]

That is crazy, and to see it happen to someone as prepared as you tells me it could certainly happen to anyone. Wow.

[gdalicia]

Yay Adriane!! :yay2: I am so happy for you guys, although it sounds like you will need to be recovering from the emotional roller coaster you've been on the past couple of days.

Sounds kind of like he freaked out that you had his number?? :bounce:

[Marie]

Adriane, how odd that he asked questions on the phone. I have a feeling he got chewed out for not doing his job the right way when you guys were there

[Vivi]

Omg what a crazy story!! Well congratulations! But I can imagine how nervewracking those days must have been like!!

[kitkat1]

Oh Adriane, so glad to hear it all worked out fine. You have had more than your share of ridiculous stuff happen during this process. Congrats on all your hard work!!!

[angela256z]

OMG Congrats Adriane!!! That is so fantastic! Gosh why are they so mean?

[Rosa]

Adriane, how odd that he asked questions on the phone. I have a feeling he got chewed out for not doing his job the right way when you guys were there

:ditto:
That's exactly what I was thinking.
Congratulations!!!!!!!! Your nightmare is finally over!!!!:yay2:

[lynn06]

Congratulations!!!! That is such bull that they put you all through. So glad it worked out quickly.

[lexidoodle]

Phew! Congratulations Adriane and Mr Adriane.

What an idiot of an adjudicator, they need to stuff their ego's!

[dnatej]

Awesome News!

[carloslovesbetty]

Awesomely Awesome News!

[JustMe]

I am so happy for your guys. Congratulations :yay2:

[Glühbirne]

He was probably jealous because an illegal alien from Mexico was able to get such a cute, intelligent wife and he's lonely. It would be murder on a lonely person to do AOS interviews with happy couples all day.