AOS application rejected and planning to apply for (0 viewing)
SSH14 (User)
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AOS application rejected and planning to apply for
by SSH14 1 Year, 8 Months ago
Can someone please answer to my situation:
I am on F1 status, completed my Master's and used up my OPT.?
I applied for my H1-B this year and I was not picked up in the lottery. Enrolled for a second master’s program and currently on F1- CPT until Jan 2009.
I got married this SEP in US and had applied for AOS (EAD and AP) since my spouse GC process became current.
My husband’s GC status is in 485 pending(EB2;Priority Date jun 06;140 approved feb 07;485 receipt aug 07). He recently changed job. Because of the job change he had to file for a AOS transfer and that went fine (using AC-21).
We went for register marriage this SEP in US and had applied for AOS (EAD and AP) since my spouse GC process became current. I applied but then USCIS rejected the derivative AOS saying that I-140 of the primary document is missing.
Our immigration lawyer was ok with sending the package with just the online printout of the140 status of my husband (using the 140 receipt number). She explained that even if 140 is missing they should be able to pull the records and get the confirmation on my husband’s140. But no help! This turned out to be a big mistake
Now we cannot apply again since the dates have passed. We are now planning to get my H4 done in India.
My question is:
1. Will the rejection notice affect the chance of getting an H4. Is there any gotchas that has to be taken care of when doing H4 processing in India?
2. Since we went for a register marriage here in the US, did not go for a traditional ceremony will it be ok to go for the visa interview without any problem?
3. Do I need pictures to be taken when attending the interview? I just have some casual pictures.
4. Do I have to tell the consulate that I had applied for AOS and mention about my husband’s GC status, if asked?
5. Our traditional wedding ceremony is in March and I am planning to attend interview during Feb. Is it ok to attend with the marriage certificate from here and some casual pictures that were taken or schedule the interview after the traditional marriage in March?[/color]
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