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Adjustment of Status Based on Marriage Denied Day Before Interview

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  • Adjustment of Status Based on Marriage Denied Day Before Interview

    I am a concerned husband for my out of status wife. We just received notice today that my wife's Adjustment of status based on marriage has been denied. Tomorrow was suppose to be her interview. My wife is from Kenya and I am a US citizen. We currently live together in Missouri. Why did this happen and what does this mean? Here is an outline of our situation:

    1. In August 2008, my wife comes from Kenya on a student visa to attend college in Missouri. She also obtains employment where I work at. This is the first time we meet.
    2. In January 2010, my wife (girlfriend at the time) became out of status due to dropping out of school. We both still are working together at the same place.
    3. In July 2010, my wife and I got married. We move in a house together where we have lived since then.
    4. In September 2010, my wife gets contacted by an immigration officer due to her being out of status. This is when removal proceedings begin. We are informed that she is to see an immigration judge in Kansas City during May 2011 for removal proceedings.
    5. In November 2010, we send out I-485 (Adjustment of Status based on marriage), I-130 (Immigrant Petition for Relative), and I-765 (Application for Employment Authorization).
    6. In December 2010, we go to Saint Louis for my wife's biometrics. There was no problem there.
    7. In January 2011, we receive notice that our interview for adjustment of status is on March 10, 2011.
    8. In February 2011, my wife receives her employment authorization. We start to breathe a sigh of relief because she had been working this whole time illegally due to her being out of status(her paycheck takes out taxes though).
    9. This is when things started looking bad. On March 1, 2011, we received notice that my wife's adjustment of status interview had been canceled due to unforeseen circumstances. The letter said we would be informed later of a new date for an interview.
    10. Today, March 9, 2011, we received notice on the USCIS website that my wife's adjustment of status case had been denied. It said we would receive a letter explaining why and how to appeal if we wanted to.

    We are very concerned right now. We were confused when the interview had been canceled due to unforeseen circumstances, now we are even more confused as to why her case has been denied without an interview ever taking place. We also do not understand how she was able to obtain employment authorization if she isn't able to obtain adjustment of status. We called customer service today and explained our situation, but all they could tell us was to wait for the letter explaining the reason for the denial. Once we receive that letter, I will post it on this discussion board. As of right now, what is the meaning to all this? Did we do something wrong? Or is this an error on the part of USCIS? We have done everything right. I am a college graduate that works and pay taxes. My wife will be a graduate once she can get back into school. She also pays taxes. We have never been in trouble for anything. We just want for her to get her green card so she can get back into school and we can move on in our lives. If anyone can share similar experiences or their knowledge on the matter, we would greatly appreciate it. Thank you for your time.

    -Concerned Husband

  • #2
    Originally posted by concernedhusband View Post
    I am a concerned husband for my out of status wife. We just received notice today that my wife's Adjustment of status based on marriage has been denied. Tomorrow was suppose to be her interview. My wife is from Kenya and I am a US citizen. We currently live together in Missouri. Why did this happen and what does this mean? Here is an outline of our situation:

    1. In August 2008, my wife comes from Kenya on a student visa to attend college in Missouri. She also obtains employment where I work at. This is the first time we meet.
    2. In January 2010, my wife (girlfriend at the time) became out of status due to dropping out of school. We both still are working together at the same place.
    3. In July 2010, my wife and I got married. We move in a house together where we have lived since then.
    4. In September 2010, my wife gets contacted by an immigration officer due to her being out of status. This is when removal proceedings begin. We are informed that she is to see an immigration judge in Kansas City during May 2011 for removal proceedings.
    5. In November 2010, we send out I-485 (Adjustment of Status based on marriage), I-130 (Immigrant Petition for Relative), and I-765 (Application for Employment Authorization).
    6. In December 2010, we go to Saint Louis for my wife's biometrics. There was no problem there.
    7. In January 2011, we receive notice that our interview for adjustment of status is on March 10, 2011.
    8. In February 2011, my wife receives her employment authorization. We start to breathe a sigh of relief because she had been working this whole time illegally due to her being out of status(her paycheck takes out taxes though).
    9. This is when things started looking bad. On March 1, 2011, we received notice that my wife's adjustment of status interview had been canceled due to unforeseen circumstances. The letter said we would be informed later of a new date for an interview.
    10. Today, March 9, 2011, we received notice on the USCIS website that my wife's adjustment of status case had been denied. It said we would receive a letter explaining why and how to appeal if we wanted to.

    We are very concerned right now. We were confused when the interview had been canceled due to unforeseen circumstances, now we are even more confused as to why her case has been denied without an interview ever taking place. We also do not understand how she was able to obtain employment authorization if she isn't able to obtain adjustment of status. We called customer service today and explained our situation, but all they could tell us was to wait for the letter explaining the reason for the denial. Once we receive that letter, I will post it on this discussion board. As of right now, what is the meaning to all this? Did we do something wrong? Or is this an error on the part of USCIS? We have done everything right. I am a college graduate that works and pay taxes. My wife will be a graduate once she can get back into school. She also pays taxes. We have never been in trouble for anything. We just want for her to get her green card so she can get back into school and we can move on in our lives. If anyone can share similar experiences or their knowledge on the matter, we would greatly appreciate it. Thank you for your time.

    -Concerned Husband
    Just recently there have been a few people getting this letter that the interview was cancelled due to unforseen circumstances . Most were advised to show up for the interview regardless as if they did not show up they could have AOS denied for not showing . Options were show up and they tell you come back or they say take a seat and you have interview as scheduled. As for you next letter saying it was denied seems strange without an interview so you either wait for the letter and appeal or you ring and make an info pass now so you can go and see someone and get this straightened out.

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    • #3
      Your wife's unauthorized stay and employment is forgiven since she married you, a US Citizen. They don't give a d**n if is law abidint or paid taxes. I think the main problem is her removal proceeding.
      I hardly advise anyone to use an attorney till you really need one. In your case you may have to use an attorney to fight her removal proceedings. If the judge have ordered her to be removed from US, he is the only one to take it back.
      My advice is to consult a few attorneys who offer free initial consultation and then go from there.
      God Bless!

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