Help Preatorian XI what should I expect.

[MrsMorel]

My husband and I had a our AOS interview last month 09/30/2009 in NYC. At the end of the interview the officer asked my husband for the I94 and we gave it in. He asked him why he overstayed and he truthfully explained he had been offered a job but this wasn't after 2 months of being here. And yes it's wrong because he shouldn't have work. Anyway my heart dropped because on his i94 the officer that inspected him notated no aos,no cos,no eos and didn't explain. We were confused because I nor him understood what that meant. Also when i met him he was unemployed and I didn't allow him to work anymore and supported him until he was approved ead. Anyway my husband overstayed in 2004 and we met in April of 2007 and got married in January of 2008. I kind of pushed the marriage issue because I have 3 kids and didn't want another relationship around them without marriage. He was also arrested for about 3 hrs because there was a problem with a car he was driving but all charges were dropped and he didn't see a judge at all, but the arrest came up. It has now been a month and I am with knots in my stomach because I don't know if they might deny it and I don't know how I will handle it. The officer saw me crying when he came back from making a copy and he said not to worry that the arrest should not be a problem but he was going to look at laws regading the notations but doesn't forsee a problem either. I am new at this so sorry for writing so much. Please help!!!

[hotelier73]

Rfe

It means “ no adjustment of status, no change of status, and no extension of status" Although an immigration officer in adjudicating your husband's I-485 (application to adjust status to permanent residence) will see these notations, the question before an immigration officer is your husband's intention at the time of entry to the U.S. If the immigration examiner is convinced that your husband did not intend at time of entry to adjust his status in the U.S., the examiner could still approve an adjustment of status based upon your petition. You should have consulted a lawyer before applying for AOS. You might have to file an application for waiver on form I-601 (application to waive grounds of excludability) so long as he can show that his exclusion would cause extreme hardship to a U.S. citizen. I hope they approve his AOS but there is a chance that they might send RFE for I-601. If you do receive such RFE please waste no time and consult an attorney. Again, I am not an attorney and my comments should not be taken in such context either.

[mariejm]

hotelier73: I read your reply and had to comment on your how much empathy you show in this reply. Really refreshing! I hope the person you replied to feels your thoughfulness and take your advice to take an introspective look at her situation. GOOD JOB

[MrsMorel]

Thank you

It means “ no adjustment of status, no change of status, and no extension of status" Although an immigration officer in adjudicating your husband's I-485 (application to adjust status to permanent residence) will see these notations, the question before an immigration officer is your husband's intention at the time of entry to the U.S. If the immigration examiner is convinced that your husband did not intend at time of entry to adjust his status in the U.S., the examiner could still approve an adjustment of status based upon your petition. You should have consulted a lawyer before applying for AOS. You might have to file an application for waiver on form I-601 (application to waive grounds of excludability) so long as he can show that his exclusion would cause extreme hardship to a U.S. citizen. I hope they approve his AOS but there is a chance that they might send RFE for I-601. If you do receive such RFE please waste no time and consult an attorney. Again, I am not an attorney and my comments should not be taken in such context either.

Thank you for your advise Hotelier73. It's greatly appreciated I will start looking into this and yes we have already discussed consulting with a lawyer. I mean I have a job and all but it will definately be hardship since I was supporting a family of 5 for a year plus paying all the appl fees, I went through my savings like water. Now that he is working we are stabalizing but I don't know what I would do by myself. I don't mean only financially but emotionally as well.

[MrsMorel]

Still anxiuosly waiting. I am stressed.

Okay so it has been 6 weeks since we had AOS interview and still no decision has been made. Should We request Info Pass appt. or give it a few more weeks. I am so anguished waiting. I check the website everyday and it still indicates that they are in the acceptance process, it doesn't even indicate that an interview was done. I am so worried and I try to be positive but I am really worried. Any suggestion as to what we should do? My husband keeps telling me not to worry but I need that assurance that I am not losing my husband. I also forgot can my husband travel within the USA. The immigration officer stamped his passport stating i485 pending?