Folinskyinla

Hi:

Oh, you applied in the United States for the first time -- gave up and left. I assume you are looking at the denial of the ADJUSTMENT OF STATUS. Your spouse should have gotten a separate denial of the VISA PETITION. The decision on the adjustment is not about you, it simply states that your husband's visa petition was not approved.

Was there a technical error in the marriage making it legally invalid [e.g. an undissolved prior marriage]? Or did they doubt you were really a married couple?

Your prior posts suggested reasons other than a question about the validity of your marriage.

HunterGreen

What I was thinking is maybe they forgot to file it at all. Could that be the case?

Noorah101

I was thinking if they filed for AOS and then left the USA before it was adjudicated, wouldn't her AOS be denied? She said they left the USA, *then* got a denial letter.

Rene

minkoak

My head is mashed too......!!

I am afraid I need to take a raincheck on all of this and talk to my husband. I remember having an interview but I can't remember when it was in relation to my case.........

I have been looking through old boxes trying to find all the paperwork. I have found the letter telling me what to bring to my interview - but not the date of my interview.

Thanks to everyone and sorry I have mashed heads and made you all sit and muddle through my ramblings..............

minkoak

I got the denial letter after I left but only because I had a friend check my postal box and forward any letters in there - but the actual letter was written and sent before I had left. They didn't know I was leaving.
It was kind of an emotional time for me - and suddenly I needed to be back amongst family - so it was a bit of a rushed decision.

I am getting involved again! This place is addictive and it is so great that people take the time to respond.

Thanks again to one and all!

Ozzidoc

We're happy to help.....actually, I can't help much, but am happy to be a supporter

Elvira

I feel the interview is likely to be the clue to what happened re. your denial of AOS.

Try to remember exactly what happened during the interview. What questions were you asked, what evidence did you show, what where you told at the end........ etc etc.

Basically you need to establish what went wrong so you don't make the same mistakes again.

Noorah101

I agree with Elvira. It would be helpful to know how the interview ended up, and what was said. Perhaps you were supposed to have returned more information to them, but left before you could do that. (or something along those lines). Also try to find the exact code that was written on the denial letter, that would also be helpful.

Rene

chicagojlo

And next time keep better copies of your paperwork!

Folinskyinla

Hi Rene:

The "code" is written on CONSULAR denials -- which is usually a scribbled note on a form such as "212(a)(C)(6) fraud on 4/15/1987 at LAX" or some such. The adjustment denials are much more detailed -- I have a case currently in litigation involving the denial I just quoted from the State Department. The actual notice given to the alien was "212(a)(6)(C) fraud at POE 1987"

The adjustment denial was lot more specific -- rather than just saying the above, it elaborated: "State Department records specifically show you committed fraud at a port of entry on June 22, 1987 in that you FALSELY stated you were coming to see your boyfriend when in fact, you were returning to your home and job of three years."

BTW, inasmuch as client had made an entry in Miami on June 22, 1987 and had made no entry at LAX in April 1987 -- we initially ignored the fact that records actually showed an allegation of fraud in LAX 2 months earlier. Once we got the records from Freedom of Information Act, we sued. [BTW, on FOIA requests now, you get a CD with multiple copies of pages with extensive "white out" or black marker claiming exemptions for anything relevant, but I digress.]

Oh, FYI, the consulate was in a city called "London" and my client is a citizen of a country called "Great Britain." We are unable to figure out what kind of fraud my client committed. The initial finding is silent, and there is nothing to support a finding that she didn't have a boyfriend in Los Angeles. [Perhaps the female Japanese-American ConOff believed that old slander regarding the sexuality of English women. We simply don't know.]

Elvira

Crickey - unravelling all this is almost as much fun as the Guardian crossword!

Folinskyinla

Hi:

I have continuously objected to INS/DHS behavior. A DHS attorney stated in Immigration Court that "I don't care..." The one time we were in District Court, I had worked out a settlement with the Assistant US Attorney with the cooperation of Regional Counsel's office. The INS then violated the agreement to settle the suit, but in doing so, rendered the suit moot. The AUSA in question is a true mensch and I asked him "what the Hell happened? We had a deal." His response was to apologize and "My client lied to me."

My client has been accused of fraud and we still don't know what it was! However, the Government thinks it just fine that they can lie through the teeth and even take offense that we have the audacity to object. But then they "don't care" to repeat their own words.

Elvira

I wonder what Kafka would make of all this...

Folinskyinla

It pays to remember that Kafka was a lawyer.