AOS denied!!?LKJ

[Xenfinity]

My mother just recieved her AOS denied letter based on a marriage to a U.S. citizen. She married him 4 years ago but only last year applied for AOS. Now they're no longer together because she's going to retire back to her country and he didn't want to follow. (she has to choose between her daughters, grandchildren, family etc. and her new husband). She applied hoping that I'd get benifits. My deniel letter hasn't arrived but if her was denied then my will be 100% denied. The letter states that she has 18 days to provide documents that they're living together. The only thing we have are irs tax returns, bills that spans years. There's no lease on the house, we pay in cash (live with relative). But he doesn't live with us anymore. Does anyone know a good lawyer in the Boston, MA area?

On a side not, my girlfriend and I discussed that on the event of the application's deniel she suggested we'd get married. I didnt' think it would ever get denied. I was riding on the application to go to college. Now I can't get even private loans, citibank is asking for documentation. All I have is my SSN and my EAD which expires january. I already wasted 180$ by sending in a renewal a WEKK ago. Obviously my gf wants me to stay in the U.S. and obvioulsy she wants me to go to college (I have a defered $18000/year scholarship, still need about 15k/year though). So we'd be getting married technically for the damn green card but it would be in love, we'd just be getting married much earlier then we wanted to (at least until we're both out of college). Would they make a fuss about this? And what about the previous denied application, would that reflect negeativily on the new one?

HELP!!!

 

[princesskate]

My mother just recieved her AOS denied letter based on a marriage to a U.S. citizen. She married him 4 years ago but only last year applied for AOS. Now they're no longer together because she's going to retire back to her country and he didn't want to follow. (she has to choose between her daughters, grandchildren, family etc. and her new husband). She applied hoping that I'd get benifits. My deniel letter hasn't arrived but if her was denied then my will be 100% denied. The letter states that she has 18 days to provide documents that they're living together. The only thing we have are irs tax returns, bills that spans years. There's no lease on the house, we pay in cash (live with relative). But he doesn't live with us anymore. Does anyone know a good lawyer in the Boston, MA area?

Since you mother divorced her USC ex (as you said your mom has a NEW husband, I assumed that she must have divorced her ex) when her AOS application was still pending, it's pretty normal that her AOS application would be denied.

Were you under 18 when your mom married her USC ex?
Even if your mom's AOS application got approved, you must be under 18 when they got married in order to be considered as a stepchild for a GC.

On a side not, my girlfriend and I discussed that on the event of the application's deniel she suggested we'd get married. I didnt' think it would ever get denied. I was riding on the application to go to college. Now I can't get even private loans, citibank is asking for documentation. All I have is my SSN and my EAD which expires january. I already wasted 180$ by sending in a renewal a WEKK ago. Obviously my gf wants me to stay in the U.S. and obvioulsy she wants me to go to college (I have a defered $18000/year scholarship, still need about 15k/year though). So we'd be getting married technically for the damn green card but it would be in love, we'd just be getting married much earlier then we wanted to (at least until we're both out of college). Would they make a fuss about this? And what about the previous denied application, would that reflect negeativily on the new one?

HELP!!!

I think your previous application should not affect you much, however it would raise a flag if you're way too young to get married.

 

[machelon]

I agree. Your previous application should not affect you at all.
But whats your current status? what visa do you have?

on the other hand....if you get married now...your USC spouse can apply right away for your GC and your adjustment of status (all at the same time) and you can remain in the country legally untill they approve you case.
You'll get the conditional green card for 2 years after that you'll have to apply to make it permanent...(remove the conditions on the green card), if you are still married AND living with the same USC spouse.
good luck

 

[Xenfinity]

Since you mother divorced her USC ex (as you said your mom has a NEW husband, I assumed that she must have divorced her ex) when her AOS application was still pending, it's pretty normal that her AOS application would be denied.

Were you under 18 when your mom married her USC ex?
Even if your mom's AOS application got approved, you must be under 18 when they got married in order to be considered as a stepchild for a GC.



I think your previous application should not affect you much, however it would raise a flag if you're way too young to get married.

Oh no no. She's only had one husband, the USC she married to. I mean she had to choose between him and her family and he didn't want to live with her in the old country. They haven't yet divorced legally, but they don't live together anymore. This all happened AFTER the interview, a few months ago. We're going to talk to a lawyer soon and see what we should do. But it would be nice to know some questions to ask before hand.

Also because of our lessons learned my fiance and I are going to hire a lawyer. She's making efforts now to transfer to my college and hopefully she'll get in (I think she has a good chance). At which point we'd be able to live together. Now she's not a USC yet. Her citizenship interview is in November. We want to get married Oct. 23rd (our anaversary). Can she ask the guy during hte interview to change her name based on the marriage certificate? She wants to change her last name into mine and her first name from her native name to her american name.

 

[Xenfinity]

I agree. Your previous application should not affect you at all.
But whats your current status? what visa do you have?

on the other hand....if you get married now...your USC spouse can apply right away for your GC and your adjustment of status (all at the same time) and you can remain in the country legally untill they approve you case.
You'll get the conditional green card for 2 years after that you'll have to apply to make it permanent...(remove the conditions on the green card), if you are still married AND living with the same USC spouse.
good luck

I had no visa. My expired a while ago.

 

[machelon]

so are you legally in this country?...you mentioned your EAD experies in Jan...how did you get it?
anyways...its a good idea that you'll speak to a lawyer just in case. Although many times spouses of USC are "forgiven" of staying here without any visa. Again it all depends on the circumstances.

About your wife changing her name....She needs to mention to the imm officer if she changed her name or not at the wedding...

You said that she has the interview on November...(how/when did she get her GC....previous marriage, family or work?)....

I know you are worried about school and your future...but do things step by step. Your girlfriend needs to get her citizenship first...make sure she does not mention or question anything about your case during her interview. She does not want to raise any red flags.

 

[princesskate]

Oh no no. She's only had one husband, the USC she married to. I mean she had to choose between him and her family and he didn't want to live with her in the old country. They haven't yet divorced legally, but they don't live together anymore. This all happened AFTER the interview, a few months ago.

Oh i see. So did USCIS provide any reason of why your mom's AOS application was denied? Did anyone reveal to USCIS that your mom has intention of going back to her home country after getting her GC?

Can she ask the guy during hte interview to change her name based on the marriage certificate?

I don't think so.

She wants to change her last name into mine and her first name from her native name to her american name.

She can change her name when she is naturalized. However if she didn't change her name when she filled out the N-400 application, I think she'll need to go through some procedures to get her name changed legally. I believe the first place she needs to go is the SSA, or the court.