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Originally posted by freespace
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Well guys, today, a USCIS agent just called me and asked to speak with my wife because of the missed interview appointment! Guess what? The USCIS rep said that because my wife missed the appointment, her application is now considered DENIED! That's right, the rep said it's now denied, meaning that if nothing is done (ie, if she doesn't try to appeal), then USCIS will start the process of deporting her. The appeal process is not cheap, it'll cost over $500 (I forget the exact amount told to me by the Uscis rep) to submit an appeal paper; however, the fee can be waived if there's a valid certifiable reason for missing the interview (like getting into a car accident with a police report to prove it).
I had thought that if we didn't go to the interview, then the application would be considered "aborted" and not "denied". (that's what it stated on the USCIS intervew letter). But apparently, the USCIS rep told me that her AOS application is now stamped as denied! The rep said that once an application has been stamped as "denied", it can't be aborted. So even if my wife wrote a letter in requesting to cancel the application, USCIS won't cancel it (because it's status is now denied). The rep said that in order to cancel the application, my wife must first shows a valid reason to miss her interview. Then if USCSI finds the reason valid, then they will grant her another interview, and it is only at this time that she can ask her application to be cancelled. And if the applicaiton is cancelled, then she can stay in the US using her K3 Visa. But if her application status is denied, then her K3 Visa will drop out of status and USCIS will start the deportation process.
I guess USCIS procedures make it that married couples either have to seriously commit all the way with the AOS process, or if not, then USCIS will just deny the case. USCIS doesn't want to see "half-assed" committment by the couple, and have the iffy-iffy foreign spouse "hang around" the US for a couple years for a vacation huh? In a way, USCIS procedures do make sense.
I have not told my wife about this yet (because she is not with me but with her relative right now). I wonder how she'll react to this news though. The irony in all of this is that it was my wife who wanted me to submit the I-485 paperwork! I initially told her that we should wait to make sure she was fully prepared to live in the US under this marriage, but she was not happy about it and said she wanted me to start the AOS process for her. Had we did not start the AOS process, she could have still stay in the US based on her K3 visa. But it appears all that is about to change quickly for her now. This is something I didn't wish on her, and caught me by surprised. But, it was going to happen eventually anyway.
I'll keep you guys posted on what happens next and what we decide to do, so that hopefully my experience might help someone out there in there future.
@ Nichole,
We knew each other for 2 years before marrying. And during those 2 years, I did travel to her country twice to spend time with her and her family over there. But apparently that was not enough time either. And you were partially right about how I met my wife. I met her through her friend who as the person I met online. But I did spend 2 years before deciding to marry her. I don't know what to think anymore.
@txh1b,
yeah I guess it's hard for me to see the true intentions in all of this. An outsider like you probably can see it better.
I guess my question is, if this person is trying to trick me and used me, why didn't she do a better job??? I mean should she at least pretend to love me even one little bit? You guys are not going to believe what I'm about to say here, but since she has come to the US, we've never intimated yet! Sure we slept together in the same bed, but never actually intimated, because she didn't want to. Guess I'm just another fool!
I had thought that if we didn't go to the interview, then the application would be considered "aborted" and not "denied". (that's what it stated on the USCIS intervew letter). But apparently, the USCIS rep told me that her AOS application is now stamped as denied! The rep said that once an application has been stamped as "denied", it can't be aborted. So even if my wife wrote a letter in requesting to cancel the application, USCIS won't cancel it (because it's status is now denied). The rep said that in order to cancel the application, my wife must first shows a valid reason to miss her interview. Then if USCSI finds the reason valid, then they will grant her another interview, and it is only at this time that she can ask her application to be cancelled. And if the applicaiton is cancelled, then she can stay in the US using her K3 Visa. But if her application status is denied, then her K3 Visa will drop out of status and USCIS will start the deportation process.
I guess USCIS procedures make it that married couples either have to seriously commit all the way with the AOS process, or if not, then USCIS will just deny the case. USCIS doesn't want to see "half-assed" committment by the couple, and have the iffy-iffy foreign spouse "hang around" the US for a couple years for a vacation huh? In a way, USCIS procedures do make sense.
I have not told my wife about this yet (because she is not with me but with her relative right now). I wonder how she'll react to this news though. The irony in all of this is that it was my wife who wanted me to submit the I-485 paperwork! I initially told her that we should wait to make sure she was fully prepared to live in the US under this marriage, but she was not happy about it and said she wanted me to start the AOS process for her. Had we did not start the AOS process, she could have still stay in the US based on her K3 visa. But it appears all that is about to change quickly for her now. This is something I didn't wish on her, and caught me by surprised. But, it was going to happen eventually anyway.
I'll keep you guys posted on what happens next and what we decide to do, so that hopefully my experience might help someone out there in there future.
@ Nichole,
We knew each other for 2 years before marrying. And during those 2 years, I did travel to her country twice to spend time with her and her family over there. But apparently that was not enough time either. And you were partially right about how I met my wife. I met her through her friend who as the person I met online. But I did spend 2 years before deciding to marry her. I don't know what to think anymore.
@txh1b,
yeah I guess it's hard for me to see the true intentions in all of this. An outsider like you probably can see it better.
I guess my question is, if this person is trying to trick me and used me, why didn't she do a better job??? I mean should she at least pretend to love me even one little bit? You guys are not going to believe what I'm about to say here, but since she has come to the US, we've never intimated yet! Sure we slept together in the same bed, but never actually intimated, because she didn't want to. Guess I'm just another fool!
SO WHAT HAPPENED AFTER THIS!??!?!? I like reading your story!
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