I-130 approved I-485 denied!????

[calibears 0]

OK so Im a USC and my love is from Germany. We traveled back and forth together and when we returned late March my hubby and I got married in Vegas We filed everything together in the end of April. Everything seemed to go quickly and smoothly until...the interview. I will just say that certain people dont need to interact with the rest of society. But whatever...

We recieved a notice that my I-130 was approved and two days later recieved my hubbys denial

The denial said that they presumed that his entry as a nonimmigrant and the time in which we filed was too soon and so we were denied. The point is that we actually wanted to leave back for Germany in May. His fly back date was May 11 and I was to go soon after. We had proof of that but the interview was so wierd and we both didnt understand the interviewer so we dont thing he understood us.

Basically I want to know if the I-130 remains valid through the reopen proceedure or if (God forbid) the reopen gets denied will there be a chance for him to apply for the CR1 in Germany? Does the I-130 become void?? Do we need to refile when applying for the CR1???

HELP!!!

[canadian_wife 1,819]

No, the I-130 should still be good and you can pursue the Cr-1 visa with an interview in Germany. Was he ordered out of the country at all?

Call NVC in a few days and see of they have your I-130 and move ahead with that

I'm sorry for your situation.

Good luck

[NigeriaorBust 4,087]

If they have denied your 485 you may be flagged with a material misrepresentation for lying when you arrived. You stated that you didn't intend on immigrating. May not get mentioned but you want to be prepared just in case.

[calibears 0]

No, the I-130 should still be good and you can pursue the Cr-1 visa with an interview in Germany. Was he ordered out of the country at all?

Call NVC in a few days and see of they have your I-130 and move ahead with that

I'm sorry for your situation.

Good luck

No he wasnt "ordered" to leave. We were given 30 days to file the I-290B motion to reopen or reconsider. Of course they want another $600 in addition to the nearly $2000 we have already paid.

We were thinking it might be best to just file the motion to reopen and officially sibmit the evidence we havd that proves that the intent was never to stay and hope that a different officer reviewes the case. If It is denied again Then I think the only option is to go back to Germany and try it there. What do you think?

I appreciate the response and I will followup with NVC...Thanx

[calibears 0]

If they have denied your 485 you may be flagged with a material misrepresentation for lying when you arrived. You stated that you didn't intend on immigrating. May not get mentioned but you want to be prepared just in case.

I understand what you´re saying...The thing is we were all set to leave. I signed my truck over to my father when I got back before we were married, to sell for me when I moved. He sitll had and active rental aggreement, job and bank account. His health insurance was cancelled only after we informed his family that we were going to saty here. The reason we chose to stay is because I cannot speak German. Well I guess I was a little intimidated by that so we filed here. Now we dont know if we want to stay here at all.

[canadian_wife 1,819]

I suggest you file to reconsider and have SO MUCH evidence that HE intended to leave(the situation with your truck or you is irrelevant) that they can't see any reason to not approve his AOS.

If denied again, I suggest he get back on the flight to Germany and prepare for the immigrant visa interview

Good luck

[sachinky 465]

I thought one couldn't appeal a denied AOS off the VWP?

So is USCIS now denying AOS-es based on prior intent to immigrate at time of non-immigrant entry at POE?

OP--What exactly went on during the interview? Can you elaborate? How soon after his entry into the US did you get married?

Technically, there is case law that prohibits the denial of AOS of spouses of USCs based solely on their preconceived immigrant intent. I'm thinking there must be something else going on here.

OP, I suggest you get a lawyer. You don't want your SO to be slapped with a material misrepresentation charge.

Your I-130 will still remain in play as he is an immediate relative of a USC.

[Darnell 8,478]

OK - the I-130 has been approved, that's a good thing - but

I THINK you'll need to file the I-824, to get it INTO NVC, for further processing.

I may be wrong, of course - perhaps someone else can chime in ?

[calibears 0]

I thought one couldn't appeal a denied AOS off the VWP?

So is USCIS now denying AOS-es based on prior intent to immigrate at time of non-immigrant entry at POE?

OP--What exactly went on during the interview? Can you elaborate? How soon after his entry into the US did you get married?

Technically, there is case law that prohibits the denial of AOS of spouses of USCs based solely on their preconceived immigrant intent. I'm thinking there must be something else going on here.

OP, I suggest you get a lawyer. You don't want your SO to be slapped with a material misrepresentation charge.

Your I-130 will still remain in play as he is an immediate relative of a USC.

The I-290B Motion to Reopen or Reconsider is the appeal...weird huh? I didn´t understand that at first either but the letter of denial offers that option and the supervisor at the USCIS customer service center also informed me that the I-290B is the appeal.

The denial is based on the Matter of Ibrahim. That a nonimmigrant cannot enter with the intent to remain in the U.S and apply for adjustment of status to that of a lawful perminent resident when entered as a nonimmigrant.

During the interview we were having great difficulty understanding the interviewer due to his accent. We offered more evidence but he didnt seem to understand or care. I dont really know why we were dened. We were never asked for additional proof of intent or given a chance to provide that proof.

So what is this case you are referring to? I would like to research the case to prepare for my I-290B and to also avoid anymore surprises. Please let me know so I can study up on it.

Thanx