AOS denial consequences?
Mar 12th 2003, 9:10 pm
#1
Forum Regular
Thread Starter
Joined: Mar 2003
Posts: 134
AOS denial consequences?
Hi there,
I've been reading the posts on this website for a while now. I have few doubts and questions in my mind. May be able to get answers from experienced people here.
I and my wife (who is a USC) met online 3 years ago. She came to see me twice in my country. Finally I applied for visitor visa at US embassy and visited her in US. We got married in US in March last year during my first visit to US.
I left US before my I-94 expired. I wanted her to move to my country after marriage. And i was in process of filing permanent residence for her in my country. But while I was outside USA, circumstances changed. Because of my mother-in-law's health concerns we decided that I should move to US instead. I withdrew the papers fileed in my country and I re-entered USA on complete new I-94. At POE I wasn't asked many questions by INS officers. They asked me my personal info such as my Name/Father's Name/DOB etc. and how much money I was carrying? They gave me new I-94, which was good for 180 days.
During my second entry we applied I-130/AOS/EAD at our local INS office. We submitted the Affidavit of Support I-864 and Med. exam report along with our applications.
My spouse's income is not equal to or more than required in Affidavit of support. And we are not able to find a co-sponser also.
So the questions are,
#1 What are the chances of AOS being denied (I suppose 100%)?
#2 When we go for AOS interview and if they deny my AOS application, what happens afterwards?
Do they detain the alien right there in the building and send to jail?
Do they offer volunteer departure in 30 days?
Do they give option to appeal?
What happens to the unexpired visitor visa in the passport? Do they revoke the existing visa and deny permission to re-enter US for life time?
Should we just withdraw the applications and move to my country?
I'll be greatful for any replies.
I've been reading the posts on this website for a while now. I have few doubts and questions in my mind. May be able to get answers from experienced people here.
I and my wife (who is a USC) met online 3 years ago. She came to see me twice in my country. Finally I applied for visitor visa at US embassy and visited her in US. We got married in US in March last year during my first visit to US.
I left US before my I-94 expired. I wanted her to move to my country after marriage. And i was in process of filing permanent residence for her in my country. But while I was outside USA, circumstances changed. Because of my mother-in-law's health concerns we decided that I should move to US instead. I withdrew the papers fileed in my country and I re-entered USA on complete new I-94. At POE I wasn't asked many questions by INS officers. They asked me my personal info such as my Name/Father's Name/DOB etc. and how much money I was carrying? They gave me new I-94, which was good for 180 days.
During my second entry we applied I-130/AOS/EAD at our local INS office. We submitted the Affidavit of Support I-864 and Med. exam report along with our applications.
My spouse's income is not equal to or more than required in Affidavit of support. And we are not able to find a co-sponser also.
So the questions are,
#1 What are the chances of AOS being denied (I suppose 100%)?
#2 When we go for AOS interview and if they deny my AOS application, what happens afterwards?
Do they detain the alien right there in the building and send to jail?
Do they offer volunteer departure in 30 days?
Do they give option to appeal?
What happens to the unexpired visitor visa in the passport? Do they revoke the existing visa and deny permission to re-enter US for life time?
Should we just withdraw the applications and move to my country?
I'll be greatful for any replies.
Mar 13th 2003, 11:08 am
#2
Guest
Posts: n/a
Re: AOS denial consequences?
"janousek" wrote:
> During my second entry we applied I-130/AOS/EAD at our local INS office.
> We submitted the Affidavit of Support I-864 and Med. exam report along
> with our applications.
> My spouse's income is not equal to or more than required in Affidavit of
> support. And we are not able to find a co-sponser also.
> So the questions are,
> #1 What are the chances of AOS being denied (I suppose 100%)?
Are you working? Your income can count towards the requirement. If you have
assets they can count at $5 assets per missing $1 income.
> #2 When we go for AOS interview and if they deny my AOS application,
> #what happens afterwards?
If it's because of insufficient income, you'll be given (usually) 90 days to
get a joint sponsor. I wouldn't worry too much about anything other than
finding a joint sponsor.
Andy.
--
I'm not really here - it's just your warped imagination.
> During my second entry we applied I-130/AOS/EAD at our local INS office.
> We submitted the Affidavit of Support I-864 and Med. exam report along
> with our applications.
> My spouse's income is not equal to or more than required in Affidavit of
> support. And we are not able to find a co-sponser also.
> So the questions are,
> #1 What are the chances of AOS being denied (I suppose 100%)?
Are you working? Your income can count towards the requirement. If you have
assets they can count at $5 assets per missing $1 income.
> #2 When we go for AOS interview and if they deny my AOS application,
> #what happens afterwards?
If it's because of insufficient income, you'll be given (usually) 90 days to
get a joint sponsor. I wouldn't worry too much about anything other than
finding a joint sponsor.
Andy.
--
I'm not really here - it's just your warped imagination.
Mar 13th 2003, 3:23 pm
#3
Forum Regular
Thread Starter
Joined: Mar 2003
Posts: 134
Thank you Andy
Thank you for your reply Andy.
Yes I received my EAD and I am working. I estimated our total annual income. Our joint income should cross the 125% mark at the end of the year.
I hope and pray they do not call us for interview before we file next years' taxes. At the same time try to find for a joint sponser.
I have one more question. INS asks for 3 years tax returns.
Even if we prove that we earned the required sum in 2003 (the latest income tax return), what about the previous 2 years' income? Previous year income wasn't equal to 125%, will that be a problem?
Regards,
T. Janousek
Yes I received my EAD and I am working. I estimated our total annual income. Our joint income should cross the 125% mark at the end of the year.
I hope and pray they do not call us for interview before we file next years' taxes. At the same time try to find for a joint sponser.
I have one more question. INS asks for 3 years tax returns.
Even if we prove that we earned the required sum in 2003 (the latest income tax return), what about the previous 2 years' income? Previous year income wasn't equal to 125%, will that be a problem?
Regards,
T. Janousek
Mar 13th 2003, 5:05 pm
#4
Guest
Posts: n/a
Re: AOS denial consequences?
A trend in upwards income is usually good. A trend downwards would be bad.
Hopefully you should be OK with that. You always use your annual income,
regardless of whether you've had it yet!
BTW, my interviewer didn't want my tax returns prior to the tax year we got
married in (I supplied tax years 1999, 2000 & 2001 and she ignored the 1999
one because it was filed when I was single) so they can choose to have less
than three years if they want!
Andy.
--
I'm not really here - it's just your warped imagination.
"janousek" wrote in message
news:[email protected]...
> Thank you for your reply Andy.
> Yes I received my EAD and I am working. I estimated our total
> annual income. Our joint income should cross the 125% mark at the
> end of the year.
> I hope and pray they do not call us for interview before we file next
> years' taxes. At the same time try to find for a joint sponser.
> I have one more question. INS asks for 3 years tax returns.
> Even if we prove that we earned the required sum in 2003 (the latest
> income tax return), what about the previous 2 years' income? Previous
> year income wasn't equal to 125%, will that be a problem?
> Regards,
> T. Janousek
> --
> Posted via http://britishexpats.com
Hopefully you should be OK with that. You always use your annual income,
regardless of whether you've had it yet!
BTW, my interviewer didn't want my tax returns prior to the tax year we got
married in (I supplied tax years 1999, 2000 & 2001 and she ignored the 1999
one because it was filed when I was single) so they can choose to have less
than three years if they want!
Andy.
--
I'm not really here - it's just your warped imagination.
"janousek" wrote in message
news:[email protected]...
> Thank you for your reply Andy.
> Yes I received my EAD and I am working. I estimated our total
> annual income. Our joint income should cross the 125% mark at the
> end of the year.
> I hope and pray they do not call us for interview before we file next
> years' taxes. At the same time try to find for a joint sponser.
> I have one more question. INS asks for 3 years tax returns.
> Even if we prove that we earned the required sum in 2003 (the latest
> income tax return), what about the previous 2 years' income? Previous
> year income wasn't equal to 125%, will that be a problem?
> Regards,
> T. Janousek
> --
> Posted via http://britishexpats.com
