Aos Denied, what do I do?

[rukadi]

I have just received a letter from the INS that my AOS has been denied due to the inconsistencies between my wife and my answers. They said I have 30 days to appeal. From everything I have read though it is very unlikely that my appeal will be accepted and then they might move ahead with removal proceedings. The question I have is this:
1) Can I stay in America if I go back to school and reinstate my F1 status?
2) Can I explore options in Canada, like the federal skilled workers program where I get a green card based on my education and work experience?
3) If you were/ have been in my shoes how would/did you go about it?
Thank you very much

[hotelier73]

You tell us!

My friend, the way you have posted your comments, it sure seems like it that USCIS (no longer INS) is right in making their determination. If your marriage is true, then you should not be making plans to run away. You can not go back and reinstate your F1 status as when you applied for AOS, you abolished your F1 status. You can not have 2 statuses at a time. My suggestion, hire an attorney and file an appeal, if your marriage is genuine.Do not lose your hope so easily. At the end of the day, you are the one who knows better what to do in your life. Wish you best luck! And please remember I am not an attorney.

[aaydrian]

Well not entirely true Hotelier, when he applied for AOS it is true that the F-1 status was no longer valid. But when AOS was denied, the person should have got a denial notice. The date on the denial notice is the legal date when the person's status has changed, If fact he/she has 60 days to vacate or else the 3 or 10 year bar rules starts to kick in. The person cannot transfer the F-1 previously held, but can get admitted and the School in accordance with SEVIS can issue a new I-20 which will enable the person to be in legal status in USA. But that has to be done very soon as now a days for approval of a F-1 status by USCIS so that an i-20 can be issued by the school takes 60 - 90 days. Once the person falls outside of this window period nothing can be done. And the person has to depart the country and apply for a visa form outside, which will not be approved by the consulate ( i.e. for f-1) as the person is a potential immigrant.

Disclaimer: I am not an attorney, please use any advise at your own risk

[rukadi]

Thank you!

Thank you guys the truth is am anticipating the worst case scenario since we went to our first interview and didn’t have a good experience. This is what happened: We were separated and I went in first, well the interviewer asked me a couple questions and I answered sharply and matter of factly, the interviewer seemed impressed we even went out of line to discuss my wife’s job since she works for GM and they have been successful. Then my wife came in, she had worked the previous night( GM doesn’t give them anytime off) and she looked dead bit, she answered a couple questions but missed a couple important questions like she couldn’t recall exactly where I went to school and what my degree was in, she also had no idea how much money I made despite the fact that I had told her this over and over again. Interviewer called me back again and honestly he seemed disappointed and he said my wife seems not to know much about me, and seemed not to believe that my wife can forget where I went to school! I told him she was super tired and she didn’t have a great memory but she is a great woman. So with this scenario am expecting a denial and I want to know my options.
I don’t want to go back to my country because I come from an African country experiencing war(Congo)! Honestly I would rather be an illegal immigrant in America for the rest of my life rather than go back to my country, but if there is anything I can do to avoid being illegal in America I will do it. My wife and I make good money and we can afford lawyers and stuff. But am kind of confused and I want to take steps to avoid falling into illegal status! Any help from you guys would be highly appreciated. I think I am might go to school and get a new I-20 to make sure that I am in status if all else falls. In the meantime I will also explore my chances in Canada. All am trying to avoid is getting sent back to my country where my life would be in danger and staying illegal in America where I would be like a dog on a leash. Thank you and I hope to hear from you if you have any other input.

[aaydrian]

F-1 and AOS

Well Rukadi, there is a lot of ambiguity in terms of the laws regarding F-1. F-1 is a non-immigrant visa with no dual intent, like H-1, so what school DSO say's which also has been corroborated by USCIS many times, is that when you apply for AOS from F-1, do not apply EAD and AP through the AOS process, since if you do apply, you loose your F-1 status. But if you have not done it and the AOS is declined then still you can continue in F-1 provided you have continued attendance at the school during the AOS process.
In H-1 you can have your visa status and file AOS without loosing either of the two. With F-1 it is different.
In regards to your case, you did not indicate the time length you have been married. There is always a lot of scrutiny in bi-racial marriages with the USCIS, which i know for a fact. So you have to be prepared. Now if you feel you have been unjustly denied you have 30 days from the denial to reopen and file a MTR. As you say you have the money and time then you should try for it. But understand if your marriage is not bonafide reopening may further put you in other court proceedings. But again it all depends on the USCIS.

Disclaimer: I am not an attorney, please use any advise at your own risk

[rukadi]

thanks

We have been married just about 3 months

[hotelier73]

No Offence!

Well, we all can sit here and try to explain situation in further details but AOS process all depends on each applicant's unique situation. If I were you, I would have completed my studies first even if I was married to a USC. Then six months before graduation, I would have applied for the AOS. Just put yourself in their shoes and try to figure this out. Only been married for 3 months and here on F1, which used to be a typical case a decade ago for AOS, but USCIS takes extreme cautions in cases like this. This would have given USCIS no room to doubt about the marriage. As earlier, I told you are the one who knows about the situation better than anyone else. You make your own decision and whatever the outcome is, accept it. But just be advised, don't make any decision hastily, know all the pros and cons and be prepared to accept the consequences. We all immigrants come here due to certain reasons, some look for easy way to get GC and some take their time, and do the right things to get the GC. USCIS does know this that each and every person entering the country is a potential immigrant. At the end, you decide! Good Luck and may life gets little easy for you.