K

im on one of my thinking rampages

Ok supposing that you go the aos interview and you are denied, say maybe on the affidavit of support and you cant get a co sponsor, or you are denied on other grounds such as they dont believe that there is enough evidence to conclude that you are in a bonafide marriage, when in fact you are, and that you are consequently deported. What is the proceedure then? What happens if you are sent back to your home country i.e the UK, can your spouse follow you or what happens? Do you need to re-apply for anything or?

Just hypothetical, just interested to hear others opinions on this. This post is not meant to upset anyone.

Ameriscot

If your spouse is to settle in the UK, they would need to get a marriage settlement visa prior to leaving the US. The British consulate would not need to know your reasons for wanting to move to the UK, as long as you meet the general requirements - ie bona fide marriage, somewhere to stay in the UK and funds to tide you over until employment is established.

Details from http://www.britainusa.com - the process is very straightforward, btw.

K

ok, but supposing the aos is denied on whatever grounds... what is there you can do apart from your spouse moving to your homecountry?

Andy Platt

Let's just skip the part about the actual denial being a multistep process and skip
to the point where you've been ordered "deported". Actually what happens in the bulk
of cases is that you are ordered to leave the US - hence the fact that there are
currently 300,000+ people living in the US who have been ordered to leave but haven't
done so. So you would have plenty of time to get your wife a spousal visa for the UK
and leave with her.

BTW, the lack of evidence of a bonafide marriage ... you would get called for a
second interview (aka a Stokes interview). If you failed that it wouldn't be because
of lack of evidence it would be because you really didn't have a genuine marriage!

Andy.

--
I'm not really here - it's just your warped imagination. "K"
<[email protected]> wrote in message news:[email protected]...
    > im on one of my thinking rampages
    >
    > Ok supposing that you go the aos interview and you are denied, say maybe on the
    > affidavit of support and you cant get a co sponsor, or you are denied on other
    > grounds such as they dont believe that there is enough evidence to conclude that
    > you are in a bonafide marriage, when in fact you are, and that you are consequently
    > deported. What is the proceedure then? What happens if you are sent back to your
    > home country i.e the UK, can your spouse follow you or what happens? Do you need to
    > re-apply for anything or?
    >
    > Just hypothetical, just interested to hear others opinions on this. This post is
    > not meant to upset anyone.
    >
    >
    >
    > --
    > Posted via http://britishexpats.com

Mdudall

    >hence the fact that there are currently 300,000+ people living in the US who have
    >been ordered to leave but haven't done so. So you would have plenty of time to get
    >your wife a spousal visa for the UK and leave with her.

The INS has proposed a rule that will require aliens who are subject to final orders
of removal to surrender himself or herself within 30 days to the INS once those
orders become final. According to the proposed rule, anyone who fails to surrender as
required will be denied discretionary relief from removal, including asylum,
adjustment to permanent resident status, change of status, waivers of inadmissibility
for immigrants, cancellation of removal, voluntary removal, registration of LPR
status... at any time while he or she remains in the U.S., and for a period of ten
years after the alien's departure from the United States. The proposed rule also
establishes procedures for surrender to the INS.