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Does USCIS keep copies of rejected petitions.. will this affect future AOS

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  • Does USCIS keep copies of rejected petitions.. will this affect future AOS

    Hi everyone,

    My fiancé and I are planning to get married in the US this Spring. He is a US Citizen, and I am from Kenya. We previously filed I-129F petition but it was rejected with the money order because it was missing signatures. We have since decided that I would come to the US on a visitor visa, and get married after a few months and then apply for AOS during the 6 month period that I am allowed to stay in the US. I am worried that USCIS kept copies of the petition and that would be proof that there was intent to immigrate as the petition has a letter that says I intend to marry within 90 days on the K1 visa.

    I also read that if USCIS returns the petition with the money order that they didn't create a case number and therefore they keep no record, but there are so many different opinions on the internet that I'm not sure what to believe.

    I'd appreciate guidance on the matter. Thanks!

  • #2
    In this case you sign the i-129F and resubmit. You have to assume there is a copy or a record of every recent visa petition. That being said entering the US with the intentention to adjust status is considered visa fraud and can have dire consequences.

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