AOS denied (no show): travel to US affected?

[france2yr]

I am a US Citizen. My husband's AOS application was denied this week because we did not show up for fingerprints (letter seems to be lost, but more importantly, we are currently living outside the US).

The background:
We applied for AOS in June 2004 and because of the security check backlog, we've been waiting FOREVER.

In January 2007, we had enough and I accepted a prestigious 2-yr position in France. I am now a "permanent resident" of France (much easier process than in the US, btw).

We never got around to withdrawing the application, but we have abundant evidence that we have abandoned our US residence and are now residing full-time in France.

The primary question:
We plan to visit my family this June in the US. Is my husband (a French citizen) still eligible to travel on a visa waiver?

The secondary question:
Should we decide to return to the US, will he be eligible to apply for a green card again?

Many thanks,
LB

[PraetorianXI]

1st question: No. He has demonstrated immigrant intent. He will need to apply for a visitor visa.

2nd question: yes, you can always file for his GC again.

[france2yr]

Really?

Even armed with all of the evidence that we are currently living in france and have made it our home (at least for the time period during which we will be traveling-- 2 weeks in JUne):

rental lease since feb 2007
husband has career position in France since march 2007
I have a 2-year position since April 2007
Daughter is enrolled in daycare
we bought a car
we have a return ticket home (after 2 week stay to visit family)
we are both exempt from paying US taxes because of our overseas residence
etc...

and evidence that we left the US:
no residence
FY 2006 and FY 2007 US taxes were filed from overseas address

all this isn't enough to show lack of immigration intent for this trip?

this is what I feared, I guess it is either cancel the trip (sad for grandma who hasn't seen granddaughter for over a year) or go to Paris and try to get a really fast visa with no guarantee that they'll grant it.

sigh.

[PraetorianXI]

All of those things are great evidence. But, he still needs to apply for a visa and that evidence will help him obtain a visitor visa.

It is best to do this and be sure, than showing up there... the POE officer sees he applied for AOS once, then denies him entry on the spot.

[france2yr]

you're right

Thanks for the advice, you are definitely right that it is better to be sure. I am calling the embassy now to get an expedited appointment as we leave in 6 weeks for the US!

many thanks,
Leah