andrea874

-do they ever reject AOS's before the interview?

-if rejected, is it possible to appeal it? what happens if you get rejected, do you get removed from the country?

of course i'm just being paranoid...

Rete

I see from your NYS Driver's License post that you are Canadian, came across the border, got married and decided to remain to adjust status to PR. I understand your fears and you must have tons of questions.

If you have mailed in your AOS paperwork and something is not correct or something is missing, the paperwork will be returned to you with a letter saying what is wrong and you can fix it or add the missing documents and return it to them again for processing. this is called an RFE. It is not uncommon. Out and out rejection usually comes at the time of the AOS interview.

Depends on the reasons for the denial. It is denial you are asking about isn't it? Are you afraid that since you came to the US without a Fiancee Visa, married and remained, that you will be denied adjustment? There is always that possibility that the examiner might feel that you had preconceived intent when you crossed the border to do exactly what you did. And if that is the case, yes, you can be denied. What happens at that point, I don't know.

I know many couples who did what you did and succeeded without a problem in being permanent residents. And one clearly had the preconceived to come and get married and remain. They did so on the advice of the USCIS back in 1999, married on New Year's Day 2000. Now USCIS is not suppose to tell you to do this because it is considered illegal. Not the act of marrying and remaining but the preconceived intent upon entry to the US for said purpose.

Rete

AlphaTrion-TJW

Not the act of
    > marrying and remaining but the preconceived intent upon entry to the US
    > for said purpose.
You mean the act of marrying and staying or just coming down to get married
with the visas?

Maybe I'm read it wrong (looooong day at Blockbuster today) but basically my
take has been that you can come to the USA with plans on getting married to
a USC so long as you're not planning on staying when you get married. Like
me and my wife, granted we eloped shortly after she got here, but she was
coming down with us planning on getting married a couple months after she
got here and going back to Toronto, but life threw us a curveball or two or
two dozen, and we ended up staying in the state instead of sticking with the
original plan of us going back to Toronto. There is no law against coming
the USA on a passport and marrying a USC, even if you're planning on getting
married when you visit if you intent is to return to your home country, that
I know of. My understanding is that there is a law about coming here with
the plan on getting married and staying in the USA from day one. Because
if you plan on marrying in the USA on a passport, then living here all along
that's what the K-1/K-3 visas are for, those that are planning on staying in
the USA from the get go. The AOS is for people who come without immigrant
intent, but end up changing intent because of something out of their
control, etc.

--
Toby & Antoinette Woods
-----------------------------------------
Family Homepage: http://www.woodsfamily.cjb.net
(Updated: 5-29-04)
----------------------------------------

Ray

Not quite!! All marriage based immigrant go thru AOS (adjustment of status) With the exception of those using DCF..

lairdside

This was my impression of what ought to apply:

http://www.usdoj.gov/eoir/vll/intdec/vol17/2750.pdf

AlphaTrion-TJW

Well I generally don't think of those with a visa as being AOS is the
broadest sense, seeing as they've already got "premission". Gratned it's
the same process, it's just that the Visa's goers don't go into the deal "in
the hole" when it comes ot proving no fraud.


--
Toby & Antoinette Woods
-----------------------------------------
Family Homepage: http://www.woodsfamily.cjb.net
(Updated: 5-29-04)
----------------------------------------

andrea874

thanks for the input. im basically just worried about everything right now, mostly just being paranoid because.. what if something goes wrong? im sure almost everyone here knows that feeling. i'm not specifically worried about being denied because of coming down without a fiance visa and deciding to get married, because it truly was not intended when i crossed the border, and its fairly clear thats the case. i am worried because no one seems to know the answers about what is considered overstay from canada, etc etc etc. there are definately tons of questions in my mind...

Bill Clarkj

ray6 wrote:

    > Originally posted by AlphaTrion-TJW
    >
    >> The AOS is for
    >
    > people who come without immigrant
    >
    >>intent, but end up changing intent
    >
    > because of something out of their control, etc.
    >
    >>
    >
    > Not quite!!
    > All marriage based immigrant go thru AOS (adjustment of status) With the
    > exception of those using DCF..
    >

Not quite....
If you enter on an immigrant visa, you don't need AOS. You also don't
need to do DCF to get an immigrant visa. Therefore, the statment above
is not correct about the only exception being those who DCF.j

Patrick

A little input here on what I think would be factors on your case.
1. If you sold everything you had back home, quit your job and then came
here = you may get denied.
2. Had some record that the INS come across that the ceremony was already
planned before you came to the country = denied
3. Told immigration officers ANY lie about the purpose of your visit that
USCIS can prove at an interview about your intent when coming to the US =
denied.
Now all the above can be contested and appealed with an attorney, but they
are the sort fo things you can get in trouble with. Basically the idea for
being denied for getting married in the US on a visitors visa or vias waiver
is that you commited visa fraud i.e. used a visa issued by USCIS for a
particular purpose and got married on it, not part of that particular visa's
stipulations.
If you have all your facts together for the interview and bring
documnetation to support those facts then you will have no problems. If you
are still worried, you can enlist the aid of an attorney who can go with you
to the interview, sometimes an attorney can circumvent some of the
immigration bullying tactics which are often used at interviews.
Wish you all the best and hope everything works out for you.
Patrick

andrea874

well i guess i should be alright. i came into the country in december, coming down for newyears with him (he had come to canada for xmas to visit and i just went back with him) and well he proposed after that and we got married in hawaii. he kept receipts from the engagement ring, and we have the date that our trip and everything was booked for hawaii and that was definately after we came into the US so i guess it should be alright... at least im hoping so. im still curious though what happens if one gets denied. is that it, do yo uget booted on the spot or what?

Ray

But have you ever come across anybody that had a geniune marriage and was denied... nobody seems to have come across this ever happenig

andrea874

so basically as long as we're not trying to scam the US by having a fake marriage or whatever, in all honesty, chances are good that we'll end up being approved?

Ray

Subject to anyone coming up with some evidence to the contrary.. it would seem to be so.

lairdside

I believe that Rete posted a while ago that she had heard of this happening. The fiance(e) entered under the VWP I believe, the marriage was preplanned. Hopefully Rete can expand upon this one.

I think they married in Vegas and had a large number of guests from overseas attend? I could be wrong on that though.

andrea874

interesting. we were married in hawaii and had SOME guests from overseas attend.. however it wasnt pre-planned and all the plane tickets, etc were booked after i was long since in the US already. hopefully nothing gets misconstrued in our interview