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i-130 approved/ AOS rejected/ HELP!

i-130 approved/ AOS rejected/ HELP!

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Old Oct 17th 2002, 11:09 pm
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Default i-130 approved/ AOS rejected/ HELP!

Can anyone help. My wife is a LPR (5 years) in USA. She filed for citizenship and is waiting for the approval. I am from UK. I came here in February and married in August; filed papers. i-130 was approved but AOS was rejected. I only just received a temp EAD and social numbver on 10/01/02 and now they have been revoked. The paper states that there was not a immigrant visa number avaliable as she is only LPR.

My question is, do i have to leave now or can i wait until my wife recieves her citizenship then reapply for AOS???
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Old Oct 17th 2002, 11:25 pm
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Default Re: i-130 approved/ AOS rejected/ HELP!

Originally posted by whitestar:
Can anyone help. My wife is a LPR (5 years) in USA. She filed for citizenship and is waiting for the approval. I am from UK. I came here in February and married in August; filed papers. i-130 was approved but AOS was rejected. I only just received a temp EAD and social numbver on 10/01/02 and now they have been revoked. The paper states that there was not a immigrant visa number avaliable as she is only LPR.

My question is, do i have to leave now or can i wait until my wife recieves her citizenship then reapply for AOS???
1. The law requires you to leave. This may incurr the 3/10 year bars indident to departure after accumulation of unlawful status.

2. If you don't leave and you wife becomes a US citizen, you can then apply for a new adjustment. The I-130 will be automatcially converted from an F-2A to an IR petition. No need to refile the I-130.
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