Previously petition denied/Now petioned for by spouse

F

fussy25

Registered Users (C)
Hi! I am new to this forum but need some info.

I was previously here on F-1 visa and did not complete school. During that time of being out of status, I was petitioned for as a religious worker. Left the US before I got the decision. While in home country, I was informed that the case was denied. Now I am back in the US on B1/B2 visa. My spouse is a Citizen who will be petitioning for me.

Will my previous denied file pose a problem for this new petition? How soon after marriage can my spouse petition for me? My stay expires the end of Jan. '05 will I have to return to my country while the petition is being filed if it is submitted after the D/S state on my I-94?

Thanks
 
no

there is no effect of prev denied petition unless if your character effect national security or you have medical problem!!!!!

but yes, if you are on b1/b2 visa then i suggest just get marry and return to home country and ask you wife to file k visa and she should appear personally to embassy with you!!!!

INS don't like anybody to get marry while on b1/b2 visa.
 
Hey you do not need to leave back to your country, if only you really want to do so, if you are married to a USC, after filing you will receive your working permit and Parole, i don''t think that your previous filing will affect you.
 
fussy25,

Your wife can apply the I-130/I485 package for you. Once its accepted by USCIS, you will be in "adjustment of status" category and you can stay in US till the case is decided. If you want to work asap, then apply I-765 along with the original package...

Secondly there is so called 30/60/90 rule(official or unofficial). If you apply for I-485 etc after 30 or better 60 days from marriage date, you are pretty safe...
 
Further help

Thanks for all your responses guys. I am relieved that the previous denied case will not have any impact on the upcoming.

Ok, to leave the US or not to leave. Which is better?

Bally, what do you mean when you say "INS don't like anybody to get marry while on b1/b2 visa." Did you have a scenario like this one or do you know of one that didn't go so well?



bally said:
there is no effect of prev denied petition unless if your character effect national security or you have medical problem!!!!!

but yes, if you are on b1/b2 visa then i suggest just get marry and return to home country and ask you wife to file k visa and she should appear personally to embassy with you!!!!

INS don't like anybody to get marry while on b1/b2 visa.
Click to expand...
 
no

no, there is no effect. i am just saying that but you have to prove that you marriage is real and of real love. like show that how long you know each other , eveidence of living together, and other stuff like bank a/c, car, house lease, medical insurance, joint whatever you can show.
 
You must log in or register to reply here.
Top