digital_tyranno

I am a UKC married to a USC. We are both currently living in the UK.

In February 2005 we both travelled to the US, myself using the VWP. We both intended to return to the UK initially, but for several reasons I ended up filing for AOS after 28 days of being there.

However after 182 days of being in the US we both decided that we no longer wanted to settle in the US and we returned to the UK to live.

I did not apply for advanced parole or withdraw my application before leaving. I have been told since then that my application is classed as "abandoned".

Also I had never submitted my medical because I thought I could submit it at the interview. I recieved a letter from USCIS asking for the medical within so many days.

Because I left I never submitted the medical and my sister in law recieved a letter from USCIS stating my application had been denied due to the medical not being submitted.

My question is am I now "Red Flagged"? I was intending to visit the US on VWP this Christmas but am naturally worried about being refused at the POE.

Thanks

Just Jenney

Did you read the responses you received in the other thread you started a few days ago? You got some good feedback there.

Your post here is practically word-for-word as the other one, so why are you starting a new thread about the very same topic?

~ Jenney

digital_tyranno

Just wanted to know if having my AOS denied for not submitting my medical will cause me to be Red Flagged.

Thanks

Rete

Not any more than your abandonment of the AOS would raise the flag. The medical is inconsequential and I don't see why you worry about this being an issue to your visiting the US. The AOS was not just denied for failure to submit a medical but would have been denied for abandonment. Damn shame that you were so cavalier about the legal processing of your immigration paperwork that you failed to formally withdraw your application.

Be sure that you come to the POE with plenty of valid, concrete evidence that you fully intend to return to the UK. You have already shown that you will enter and remain and now you might have to prove that you won't do that again.

digital_tyranno

Of course I wish I had done things differently but I have to face the facts and make a decision.

From the responses here i'm thinking it's very unlikely i'm going to be let in at POE (which probably serves me right). If I said I was 90% likely to be refused entry would I be right (or should that be 100%)?

My wife really wants to visit her family but really doesn't want to travel alone. I just want to know my chances before I spend my hard earned cash on a plane ticket.

Thanks

ladygwennie

I wouldn't suggest taking the chance that u might be refused, look into getting a visa.

Rete

No one, even an attorney or personnel at the US Consulate or an employee of the USCIS or its branch, can give you odds that you can count on.

Just being married to a USC means you will undergo higher scrutiny than a mere visitor. The fact that you visited the US and chose to stay and filed for adjustment only shows that your word is not to be taken as gospel. For you the best course of action is to come armed to the hilt with evidence that you will return to the UK.

If you own a house, bring the mortgage/deed with you. If you rent an apartment, bring the lease. If you have a job, get a letter from your employer that you are on holiday and are expected back to work on such and such a date. If you have a car lease, bring the unexpired lease. Bring proof that you USC wife has leave right to remain in the UK and if she has a job, proof that she is on holiday from her employer. Bring proof of any appointments she or you might have in the weeks shortly after your scheduled return, i.e. dental, medical doctor, etc.

Folinskyinla

Hi:

"Asked and answered."

The fact that you applied for adjustment based upon marriage to a AmCit WILL be on the computer. It will be an issue of an inquiry.

BTW, as a matter of law, your application was not abandoned by the fact you failed to submit a medical -- it was abandoned because you left without advance parole. The "matter of law" phrase is used because the letter your relatives recieved notes the the failure to do a medical. Since you had already left, the failure to respond to the RFE was "moot."

I don't know exactly what you mean by "red flagged." However, it IS an issue. BTW, people who have gone for adjustment and then later abandoned it HAVE been allowed admission as VWT or as B-2.

You are asking for a degree of certainty -- sorry, but that does NOT exist.

BTW, the last time I visited the UK, my wife and I were traveling with our then 21-year old daughter. My wife was annoyed when the UK inspector put our daughter through a polite but thorough interrogation. I saw that her inquiry was directed to the possiblity that daughter person might remain illegally in the UK. I kept my mouth shut until daughter mentioned we were visiting her uncle who lived in the UK -- whereupon I opened my mouth and said "He is naturalized British." Response -- "Welcome to Britain. Have a nice visit." I felt I did good legal work there!

The thing is that the AOS will be a possible topic of inquiry.

In the other string, you got several comments. Please re-read them.

Folinskyinla

Hi:

Concur.

Noorah101

Hi digital,

I've heard that if you fly out of Dublin, they will do your POE inspection there. That way, if you do get denied, you're closer to home. Just a thought.

Best Wishes,
Rene

adjudicator89

[QUOTE=digital_tyranno]I am a UKC married to a USC. We are both currently living in the UK.

In February 2005 we both travelled to the US, myself using the VWP. We both intended to return to the UK initially, but for several reasons I ended up filing for AOS after 28 days of being there.

However after 182 days of being in the US we both decided that we no longer wanted to settle in the US and we returned to the UK to live.

I did not apply for advanced parole or withdraw my application before leaving. I have been told since then that my application is classed as "abandoned".

Also I had never submitted my medical because I thought I could submit it at the interview. I recieved a letter from USCIS asking for the medical within so many days.

Because I left I never submitted the medical and my sister in law recieved a letter from USCIS stating my application had been denied due to the medical not being submitted.

My question is am I now "Red Flagged"? I was intending to visit the US on VWP this Christmas but am naturally worried about being refused at the POE.


I don't understand why you worry, You decided live in the UK so stay there then. Don't even visit.This makes me so mad about people they file AOS and then decide move back to their country. Wasting money and time.

Folinskyinla

[QUOTE=milan79] Hi:

Be nice. They wasted THEIR money and THEIR time. CIS got a bargain out of this one.

digital_tyranno

I don't understand! Why would Dublin do a POE inspection for the USA???

Elvira

"US Immigration Pre-inspection
Shannon Airport, County ClarePassengers travelling to the United States aboard flights from Shannon Airport are inspected by United States Immigration Officers stationed at Shannon Airport. Immigration pre-inspection service provides for a swift and efficient entry of passengers into the United States."

HTH

digital_tyranno

Yeah we decided to live back in the UK, but why should that mean we can't ever visit family in the US??

Like Folinskyinla said, we wasted our money and our time.