Girona40

Can anyone tell me, now that my son has been denied AOS via his I-485 application, but has an approved I-130, whether or not he can leave the country to visit the UK and be allowed back into the US?

I am presuming that because his case is now not with the USCIS, but with the NVC, that he cannot apply for AP. Is this correct?

Thanks guys!

FlyergirlUK

AFAIK the AP is dependent on the processing of the I-485 therefore, if the I-485 is a no-go then you'd have no basis for the AP.

Noorah101

The exception I can think of is the K-3 visa, which is good for travel for 2 years w/o AP. Not sure if the K-4 is the same way, or even if that's how her son entered the USA.

Rene

FlyergirlUK

Just checked - he was a K2.

Noorah101

Aha...in that case....I would agree with you...no basis for an AP when the I-485 is denied.

Rene

Steffi

Plus I believe they've been here for 3 years already, so the 2-year travel period would be out of the question as well.

Noorah101

I think he wouldn't have much choice, would he? If the AOS has been denied, isn't his only other choice to apply for the Immigrant Visa and go through the consulate interview back in the UK?

I wouldn't say he can go back to visit and be allowed back in. But he can probably go back for his Immigrant Visa interview and return with the correct visa.

If he entered as a K-2, how did an I-130 get in the works? I didn't think K-1's and K-2's used the I-130 at any point in the process...?

Rene

evanio1978

why did he get denied ??

Girona40

This whole thing is totally confusing me now. I understand what you are all saying about the AP and the I-485 thing - that's what I suspected.

He has an approved I-130 because waaaaay back our attorney told us to file an I-130 petition as a back-up (I was the LPR and petitioned him as the child over 21). Anyway, this was granted a few weeks ago - we realise that there is a wait of approximately 8 years for the visa to become available and he isn't to leave the country before that time.

Right.

I don't know what the reason for denial was (what section of the INA) other than it has been denied. We were notified via a letter to our senator. We have not received the official denial notice yet.

BUT........I got a call from Vermont Service Center and when I told them he had been denied they said "Good"! I was totally lost at this point. The person at Vermont then said that they had asked that his I-485 application be denied because he already has PR status because he was listed on my 751 (removal of conditions application). I told her that he had never been granted Conditional status - she said that it didn't matter, he entered within the 90 days (of what, I don't know) and he was under 21 and was not married - I did not understand at all at this point.

They said that because the I-485 was still "pending" - albeit 3 years on - they could not issue my son GC based on my 751 until the I-485 was denied. They can't have any applications pending to do so. But once the District Office denied the I-485 they can go ahead and issue my son a GC.

What a rollercoaster ride this is turning out to be. She is going to call me again tomorrow and let me know what is to happen next. She suspects that he will need to make an Infopass appointment to get his fingerprint put on the actual green card form.

I hope this ends soon - I can't take much more of this.

hcj1440

Oh I hope Vermont is right!! I'm glad someone at the Vermont center seems to be responsible and following your case -- thank god for that person!

Girona40

Amen to that!