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AOS Case Denial

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Old Aug 26th 2004, 5:55 am
  #16  
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Default Re: AOS Case Denial

Originally Posted by kittya2004
So the form that the USCIS told me to send to them so I can change my address is no good ( way to go ) okay so even though I have sent them and my address was never updated what do I do now. Do I still try and motion to have my case re open even though they didn't update my address until 2 days ago when I was standing at the counter?
You have stated previously that your spouse has gone AWOL? If he is not present you cannot complete your application. Is it that by continuing with the application you hope to buy some time and hope it works itself out?

Patrick
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Old Aug 26th 2004, 6:08 am
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Default Re: AOS Case Denial

Originally Posted by kittya2004
So the form that the USCIS told me to send to them so I can change my address is no good ( way to go ) okay so even though I have sent them and my address was never updated what do I do now. Do I still try and motion to have my case re open even though they didn't update my address until 2 days ago when I was standing at the counter?
kitty, read more carefully.
You are required to use the form that you did. You are also required to update your mailing information (or were required) with your local office.

I'm sorry I can't answer the question about the motion to re open.
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Old Aug 26th 2004, 6:17 am
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Default Re: AOS Case Denial

Correct me if I'm wrong but as I understand it, the AR11 form is the only LEGALLY required change of address notification. Informing the "local" office is recommended but couldn't be considered legally binding?

In the worst case scenario, if you were placed in removal proceedings and you could you show to the IJ that you had filed an AR11 on time (within 10 days of moving) could you then get a motion to reopen approved?
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Old Aug 26th 2004, 6:55 am
  #19  
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Default Re: AOS Case Denial

No Patrick just trying to see where I stand as far as the AR11 is concerned and hoping not to be deported in the meantime. Searching for husband but nothing yet. He just up and left from our apartemtn when I went to see him one weekend he was gone but stuff was still there except the bed.


Originally Posted by inquisitive40
You have stated previously that your spouse has gone AWOL? If he is not present you cannot complete your application. Is it that by continuing with the application you hope to buy some time and hope it works itself out?

Patrick
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Old Aug 26th 2004, 6:57 am
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Default Re: AOS Case Denial

[QUOTE=Brit3964]Correct me if I'm wrong but as I understand it, the AR11 form is the only LEGALLY required change of address notification. Informing the "local" office is recommended but couldn't be considered legally binding?
[QUOTE]

The AR-11 is legally required so that USCIS can keep track of where their aliens are. Before it was introduced and one could do this by post, the alien had to appear in person once per year to 'check in'.

The AR-11 has NO bearing on your mailing information.

The function of the AR-11 is not to inform your local office of your change of address.

Informing the local office may not be required by law, but if you want to stay current with any pending case, it seems like the wise thing to do. A forwarding order with the Post Office is also a good idea.

I see where you're going with your idea for the OP, but this is a dangerous missed point that I've noticed on the NG this past year. I seriously think it should be a part of the FAQ to help others avoid this situation in the future.
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Old Aug 26th 2004, 7:12 am
  #21  
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Lightbulb Re: AOS Case Denial

Originally Posted by kittya2004
As per my last thread I was having major issues with my husband. One of the issues was that he could not stay in one place for a long time as he kept getting evicted from properties for no payment of rent. I went to Houston District INS yesterday to renew work autho and was told that my case had been retired and that I had to come back in 3 hours to find out .
Hi there Kittya:

I am very sorry to hear that, as Meauxna said the AR-11 does NOT change the address of PENDING application, the AR-11 is just to notify the homeland department of security that the address of the alien has changed, if you want to change the address of a pending application you need to call the miss-information line (I did and they took 3 months to change it..), sorry to tell you this, I wish I knew you didn't know how to change the address, maybe things would have been different!.
You said you were in a tourist visa good for a year??. How long have you been in the US?,you are gonna have to go go home, I know it sucks but if you overstay it will be hard to come back to the US in the future.
I wish you nothing but the very best.
Take care!
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Old Aug 26th 2004, 8:15 am
  #22  
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Default Re: AOS Case Denial

Heya Hyper

Yes I was here on a tourist visa ( B2 ) I was due to fly back he asked me to marry him and I said yes because even now I still love him ( lord knows why ) but I do. We got married 1 day before before my visa expired. I then had to call my family and tell them to sell my car bak home, house ect. My tourist visa has well and truly expired and I have been here on pending AOS. I was told by the costumer service center for USCIS that when I moved to file the AR11 and that would change my address and now I found out it is a load a crap omg if they dnt know what they are saying on the phone when they should then who does?




Originally Posted by Hypertweeky
Hi there Kittya:

I am very sorry to hear that, as Meauxna said the AR-11 does NOT change the address of PENDING application, the AR-11 is just to notify the homeland department of security that the address of the alien has changed, if you want to change the address of a pending application you need to call the miss-information line (I did and they took 3 months to change it..), sorry to tell you this, I wish I knew you didn't know how to change the address, maybe things would have been different!.
You said you were in a tourist visa good for a year??. How long have you been in the US?,you are gonna have to go go home, I know it sucks but if you overstay it will be hard to come back to the US in the future.
I wish you nothing but the very best.
Take care!

Last edited by kittya2004; Aug 26th 2004 at 8:17 am.
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Old Aug 26th 2004, 8:22 am
  #23  
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Default Re: AOS Case Denial

Originally Posted by kittya2004
Heya Hyper

Yes I was here on a tourist visa ( B2 ) I was due to fly back he asked me to marry him and I said yes because even now I still love him ( lord knows why ) but I do. We got married 1 day before before my visa expired. I then had to call my family and tell them to sell my car bak home, house ect. My tourist visa has well and truly expired and I have been here on pending AOS. I was told by the costumer service center for USCIS that when I moved to file the AR11 and that would change my address and now I found out it is a load a crap omg if they dnt know what they are saying on the phone when they should then who does?

It is unfortunate that the operators at the 1-800 number do not know what they are talking about. They are only contract workers and are not trained to know USCIS procedures.

While they were not wrong with this advice, they were not 100% complete. You were to file the AR-11 which is mandatory and must be filed within 10 days of moving. However, in order to change the address on the pending petitions, you need to write to the office where you filed the petitions telling them of your new address.

I'm sorry to say that I don't know if there is any hope for your adjustment. You have not been married two years and unless you can prove emotional or physical abuse I don't see what grounds you would have to claim adjustment.

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Old Aug 26th 2004, 8:35 am
  #24  
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Default Re: AOS Case Denial

Rete and eveyone else thank you sop very much for all of your help seems like god is testing me to my limits right now as I just got a call from my mother in law to say that he has left me and wants a divorce. he has gone back to his X lover which OMG is a freakin man. Was I cursed at birth or something. She no longer wants anything to do with him as seems he only fell in love and married me to let his mother think he was straight. The man I gave my heart and soul to has freakin used me for his own selfish purposes. Ray think it is time to finally take your advise and go home. I had no idea he was even that way inclined my heart is shattered and I need to go back home for real. Some pple say on this forum that woman come over here to marry for a greencard and use the men well guys it happends to us to not for greencard but to prove to mummy that he is a good boy and now loves girls. Grrr I could just scream and cut off his unmentionables. And here I am being the loyal wife and honouring him and respecting him after all the crap he has put me through Even when his friend told me he loved me and to dump him I still stayed faithful to a man that ends up liking guys.

Everyone thank you again so much but I have finally been slammed big time and finally realised that all i thought was true in his heart was all a LIE




Originally Posted by Rete
It is unfortunate that the operators at the 1-800 number do not know what they are talking about. They are only contract workers and are not trained to know USCIS procedures.

While they were not wrong with this advice, they were not 100% complete. You were to file the AR-11 which is mandatory and must be filed within 10 days of moving. However, in order to change the address on the pending petitions, you need to write to the office where you filed the petitions telling them of your new address.

I'm sorry to say that I don't know if there is any hope for your adjustment. You have not been married two years and unless you can prove emotional or physical abuse I don't see what grounds you would have to claim adjustment.

Rete
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Old Aug 26th 2004, 8:39 am
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Default Re: AOS Case Denial

Ooh yeah please everyone now ignore my timeline as it was wasted time and a big joke ha ha I am so not laughing lying POS
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Old Aug 26th 2004, 8:42 am
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Default Re: AOS Case Denial

Take it from a woman who found out after seven years of marriage and two beautiful children that her spouse leaned in both directions. It is his problem, not yours. Put it behind you and remember the best revenge is to have a happy life.

Rete
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Old Aug 26th 2004, 8:43 am
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Default Re: AOS Case Denial

Originally Posted by kittya2004
Rete and eveyone else thank you sop very much for all of your help seems like god is testing me to my limits right now as I just got a call from my mother in law to say that he has left me and wants a divorce. he has gone back to his X lover which OMG is a freakin man. Was I cursed at birth or something. She no longer wants anything to do with him as seems he only fell in love and married me to let his mother think he was straight. The man I gave my heart and soul to has freakin used me for his own selfish purposes. Ray think it is time to finally take your advise and go home. I had no idea he was even that way inclined my heart is shattered and I need to go back home for real. Some pple say on this forum that woman come over here to marry for a greencard and use the men well guys it happends to us to not for greencard but to prove to mummy that he is a good boy and now loves girls. Grrr I could just scream and cut off his unmentionables. And here I am being the loyal wife and honouring him and respecting him after all the crap he has put me through Even when his friend told me he loved me and to dump him I still stayed faithful to a man that ends up liking guys.

Everyone thank you again so much but I have finally been slammed big time and finally realised that all i thought was true in his heart was all a LIE
Kitty, I am so sorry that you have to go thru this. I know it doesn't seem fair right now but I am glad that you don't have to spend half a decade of more married to him to find out about this. Perhaps it is for the best and a better life is waiting for you back in Australia. I say a better life because, anything is better than not being appreciated and being used here. I am sure you will meet someone who will treasure you and loves you.

Best wishes.

Julia
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Old Aug 26th 2004, 8:51 am
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Default Re: AOS Case Denial

Yeha but rete what do I do right now I cannot cry enough and just spoke to his friend who has already told me he loves me whiuch I just laughed off again and asked if he was bent or straight he assures me he is straight and well he has 5 kids so maybe he is lol. He told me not all men are like and now I hate using this word ( my husband ) and that he wants to sponsor me to stay what are my options there he has his own business and wants to do it through there. He sees that i dnt deseve all of this. What can I do I am losing it here and my husband is now in MS and refuses to talk to me i just tried. I am so screwed How do you deal with something like that when i still love him ewwwwwwwwwwwwwwwwwwwwww.




Originally Posted by Rete
Take it from a woman who found out after seven years of marriage and two beautiful children that her spouse leaned in both directions. It is his problem, not yours. Put it behind you and remember the best revenge is to have a happy life.

Rete
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Old Aug 26th 2004, 9:21 am
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Default Re: AOS Case Denial

Kitty, I don't want to be an alarmist here, but based on recent revelations, I think you should get tested for HIV/AIDS *immediately* and then again in 6 months (I think that's the recommendation).

Dawn
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Old Aug 26th 2004, 9:24 am
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Default Re: AOS Case Denial

The AR-11 is legally required so that USCIS can keep track of where their aliens are. Before it was introduced and one could do this by post, the alien had to appear in person once per year to 'check in'.

The AR-11 has NO bearing on your mailing information.

The function of the AR-11 is not to inform your local office of your change of address.

Informing the local office may not be required by law, but if you want to stay current with any pending case, it seems like the wise thing to do. A forwarding order with the Post Office is also a good idea.


You are right about the AR11 not changing the mailing address. I know that earlier this year, the USCIS website specifically said NOT to call the 1-800 number for address changes unless it were an N-400 application. That has since changed. Forwarding vis the Post Office might not work either as often the letter is marked "return service requested" meaning it will go back to the USCIS. Having a lawyer file the paperwork might help as they are "supposed" to send to both parties in that case.

What I can't understand still is if the DHS has an up to date legally enforced address database which the USCIS can access..why not use it?!
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