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Reapplying after being denied for Failure to Appear

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  • Reapplying after being denied for Failure to Appear

    In 2008, I filed for AOS through marriage with my now ex-wife and recieved an interview date in January 2009. My wife failed to appear for the interview due to the fact that we had been in a huge arguement in the days prior to that and she was sick that morning and couldn't go. She also found out that day that she lost her job. Hence, I alone went to the interview and detailed what had happened to the Immigration officer. Several weeks later, our application was denied for failure to appear which also constituted as abandonment. My wife appealed on my behalf but this also got denied. Several months later, our marriage fell on hard times and we separated and eventually got a divorce. In 2010, while still in college, I met my current wife. we date for almost 4 years and got married last year. We have refiled for AOS and our interview is in a week. I just want to know if my previous application that was denied due to abandonment will pose a problem during my current interview. I have never been out of status and never committed a crime. Thanks

  • #2
    It should not be a problem, but you should be ready to explain the situation to the immigration officer, in front of your wife (which may be awkward).

    I'm curious, what status have you maintained this whole time?

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    • #3
      I came in 2007 as an F1 and graduated in 2012. Went to grad school right after from 2012-2014. Got on Opt after grad school, Got a job, got married to my wife,applied for AOS and now using my EAD to continue work. My wife knows everything about my previous marriage and how it ended.

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      • #4
        Good luck for your interview! It should work out just fine.

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