INS Officer says AOS Pending is not a valid status....

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UncleB

Registered Users (C)
We had my wife's green card interview this morning, and are very nervous about what the final outcome will be.

Here is the situation. My wife was on F-1 status. She was supposed to start her next semester at school in September. However, in August, we filed her green card applicaion (based on marriage to US citizen).

When we got the receipt confirmation from the INS, we thought that she didn't have to start school in September, since she now had AOS Pending status and didn't need to maintain her F-1 status.

The officer at the interview told us that since she did not start school in September, she is in violation of her F-1 status and currently does not have a valid status in the US.

She told us that the situtation will be reviewed and that we will get a response in the mail in 2-3 weeks.

She also took my wifes employment authorization card and I-94. Is this standard procedure?

The strangest thing is that we found out from my wife's International Student Advisor, that her status in the immigration database is "F-1 Authorized Early Withdrawl - Pending permanent residency". This assured us that everything is ok, but we learned otherwise at today's interview.

What are the chances of her green card application getting rejected becuase she did not maintain F-1 status while she was AOS Pending?


Thanks!
 
The officer is not very competent. Your wife should be fine. Just out of curiosity, how long did she maintain her F-1 status and did she know you when she first moved to the US?

UncleB said:
The officer at the interview told us that since she did not start school in September, she is in violation of her F-1 status and currently does not have a valid status in the US.
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Thanks for the reply!

She's been on F-1 for almost 5 years now. I didn't know her when she first came here.
 
UncleB said:
What are the chances of her green card application getting rejected becuase she did not maintain F-1 status while she was AOS Pending?
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Almost zero .... unless she filed for AOS very quickly after her last entry with an F-1 visa. How much time passed between her last entry to the US and the filing of AOS?
 
F-1

My husband was also F-1 student, we did the same thing.

Apply on September for AOS and we got the same information at school, about Pending status they didn’t terminate the visa but change it to F-1 Authorized Early Withdrawal - Pending permanent residency,
We will have our interview on January 8 2010 so I hope we don't have any problem. :o

He got here on Dec 2004 and we got married on March 2007.

I think is the normal procedure when they take away your EAD and your I-94. Since you will obtain your Permanent Residence you will not need the work permit or any I-94.

So hopefully by the end of the year your wife should receive her card!!

Uncle B what is your DO?
 
Jackolantern said:
Almost zero .... unless she filed for AOS very quickly after her last entry with an F-1 visa. How much time passed between her last entry to the US and the filing of AOS?
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It has been a couple of years since she last traveled outside the US.
 
Thanks for all the responses!

I will post about the outcome when we receive a response from USCIS in 2-3 weeks.
 
Update:

Interview was on 12/7. On 12/12 my wife received a letter from USCIS titled "Welcome to the United States of America" :-)

The letter says that her application for permanent residency has been approved and she will get her green card in the mail in approx. 3 weeks.


Thanks everyone for your responses to my questions! I am an active member of a couple different online forums and I know that a new guy coming in, asking questions and not even "properly" introducing himself isn't always welcome.

Thanks again!
 
Congrats!!!

UncleB said:
Interview was on 12/7. On 12/12 my wife received a letter from USCIS titled "Welcome to the United States of America" :-)
The letter says that her application for permanent residency has been approved and she will get her green card in the mail in approx. 3 weeks.
Click to expand...
 
UncleB said:
Update:

Interview was on 12/7. On 12/12 my wife received a letter from USCIS titled "Welcome to the United States of America" :-)

The letter says that her application for permanent residency has been approved and she will get her green card in the mail in approx. 3 weeks.


Thanks everyone for your responses to my questions! I am an active member of a couple different online forums and I know that a new guy coming in, asking questions and not even "properly" introducing himself isn't always welcome.

Thanks again!
Click to expand...

either OP did not have any idea what the hell he is talking about, or rather being unable to prove a marriage fraud and needed to approve the case, he just wanted to scare you off.

congrats on your green card. marriage, therefore put you in AOS (which is adjust of status) your primary entry dont matter anymore (even if you havent been inspected)
 
Accusing us of having a fake marriage would be kind of hard considering that we have been married since 2004 and have 2 kids. But then again, I'm sure stranger things have happened in the USCIS.

Overall, the officer (female) was not friendly. It was very dissapointing, becuase up to the interview our experience with the USCIS (and all the people that we dealt with) was very pleasent.
 
Green Card came in the mail today.

It says it is valid for 10 years.

So what's this that I heard about marriage based green cards being temporary for 2 years?
 
Congrats to you UncleB and your wife!!
Actually, I am in the similar situation. Family based petition (FB1).
My current status is F1 and I already submitted I-485 and other supplement documents about two weeks ago and everything is in progress.
I don't plan to continue as a full-time student next semester, however, I was quite nervous about the situation because there seems to be two opposing concensus regarding this issue. According to your wife's case, tt seems that it would be OK not to continue as a full-timer. Any thoughts on my plan? I'd appreciate anyone's input.
Thanks.
 
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