I-485 Denied. Options to reapply

[Boiler 46,084]

I suggest you get your taxes straight or find a co-sponsor and file again.

Going back to Australia just puts you in the same position, with a possible ban by the sound of it.

[Minya's wife 25]

Usually they send you a letter requesting for more info if the petitioner does not meet the 125% poverty line. Are you sure you did not receive it?

Don't rush into moving yet before you check out all your options. Also, you can seek advise from a good immigration lawyer ASAP.

Yes we got this letter last month, and so we then submitted the mortgage documents, bank statements, 2 car ownership documents and a cover letter explaining the self employed income thing. The denial was the response...

He knows no one to co-sponsor, so we are no considering re-filing taxes :s

How far off are you from meeting the 125% poverty line? For a 2 person household (I'm guessing here, since you did not tell us if your husband has any dependents besides you) the figure your husbands taxes has to reflect is $18,213. If you're not that far off, and you're sure that by re-filing your taxes your husband's taxes will reflect this income, then you should re-file your Adjustment of Status...if not, you should definitely try to leave before your 180 days of overstay and have your husband file for a spousal visa. The financial requirements for sponsorship will still have to be met before a visa will be issued to you, but by the time this will become an issue at the visa interview, it will probably be past next years tax time and any increase in your husband's income can be demonstrated by the new tax filing. Unfortunately, as the spousal visa petition process can take several months, I'm not sure that it would be financially feasible for you to go to Canada and Mexico to wait out the process. Besides, as Kathryn stated, you must have legal residence in a country in order for you to be able to go to the US consulate in that country and interview for the spousal visa.

[MapleLeafBaby 1]

Going to Canada puts you in a position where you would have to find legal status there as well. Canada is not just a 'waiting room' for people trying to get into the US.

[clueless_in_usa 8]

Just a note: The reason for denial was the information we submitted was "incomplete" as his finances weren't 125% above the poverty line (even though he really does earn enough, but he is self-employed so his taxes aren't a true reflection, but they don't see it that way).

How come people can be so poor to cheat the tax system, but whenever their cheating ways bite them in their behind, they suddenly can come up with plenty of income to acquire all benefits that law abiding citizens can have?

I have seen this type of case multiple times here. It against TOS to give immigration advice against the law, but it is OK to give advice to people who constantly cheat other existing laws.

I write this because I do not agree with people who want to have their cake and eat it too, cheating not only the US government, but cheating their fellow citizens who refuse to find loopholes to cheat the system.

[MRStee 19]

May not have much credible info for you, but just wanted to say that I am extremely sorry to hear about your denial. We all have gone the phase of denial fears. What I don't understand is that USCIS usually doesnt rush into decisions like this. They should have sent you a RFE to meet the Affidavit of Support issue, and they usually do that. As advised above, I would talk to a lawyer withou further delay. If you have not been given a right to appeal, I don't think there is much that can be done about it now. If all else fails, you can always go back and apply for a spouse visa. I admit its easier said than done, but when you are left with no other choice, sometimes such steps are inevitable.

I pray you get out of this mess soon.

I agree.. sorry for denial

[mainyasha 0]

Hi Sorry about your denial

I kniow they said that you cannot appeal but is it possible for you to just do a brand new application.

I have heard (though I cant say whether its tru or not) of people that just did brand new applications got denied did motion to reopen and were denied. I would try that I know its costly but I dont see any other feasible option.

DId they send an intent to deny?

Please let us know your progress

[Brother Hesekiel 2,236]

Cherry's Wife:

There are many forms of visas allowing to "visit" the USA. The "lowest" (for lack of a more appropriate term) is the B2 "visitor's visa" for people who just want to go on vacation. It is valid up to 6 months.

USCIS and many on this forum do not like people getting married and then adjusting status from visitor to permanent resident. While it's possible, it's seen as foul play, cutting in line of those who are waiting patiently in their home country for their turn. People who adjust from B2 have to prove that they had no intent to get married when arriving here as a visitor by showing that they have a job and apartment/house waiting at home for them to return to. If they can't prove that, their application will be denied based on the assumption of visa fraud.

Some countries are participants of the VWP, so no visa is needed for a brief vacation up to 3 months. It is commonly assumed that adjusting from VW (which is NO VISA) to permanent resident is simply impossible. It is not; it's just almost impossible, so impossible, indeed, that I haven't seen a single successful case yet.

Therefore, for all practical purposes, you'd have to present such a watertight textbook application, that is denial proof. Any tiny little mistake will trigger a denial, because of you know what.

There's no appeal to a denial of AOS, as you have no status in this country and immigration is a privilege, not a right. You'll have to return to Australia and start the process from there.

Regarding taxes, I took home a salary of close to $100K in 2008 and still had a total loss on my income statement because the commercial property an LLC (of which I'm part owner) bought, and renovated swallowed a small fortune. Hence my K-1 was all red, resulting in a negative income.

Luckily, I didn't have to meet any poverty line. But it's so easy to show income by amending one's tax return and adding money received from babysitting, dog walking, yard and eBay sales, and so on. Uncle Sam doesn't mind you paying more than you have to; they just don't like it the other time around. I therefore suggest to people in situations like yours to add income until the 125% of the poverty line is met. Does it cost money? Yes, a little bit in taxes, but that's the price of admission.

Best of luck to you.

Edited October 26, 2009 by Just Bob

[TayRivers 4]

Cherry's Wife:

There are many forms of visas allowing to "visit" the USA. The "lowest" (for lack of a more appropriate term) is the B2 "visitor's visa" for people who just want to go on vacation. It is valid up to 6 months.

USCIS and many on this forum do not like people getting married and then adjusting status from visitor to permanent resident. While it's possible, it's seen as foul play, cutting in line of those who are waiting patiently in their home country for their turn. People who adjust from B2 have to prove that they had no intent to get married when arriving here as a visitor by showing that they have a job and apartment/house waiting at home for them to return to. If they can't their application will be denied based on the assumption of visa fraud.

Some countries are participants of the VWP, so no visa is needed for a brief vacation up to 3 months. It is commonly assumed that adjusting from VW (which is NO VISA) to permanent resident is simply impossible. It is not; it's just almost impossible, so impossible, indeed, that I haven't seen a single successful case yet.

Therefore, for all practical purposes, you'd have to present such a watertight textbook application, that is denial proof. Any tiny little mistake will trigger a denial, because of you know what.

There's no appeal to a denial of AOS, as you have no status in this country and immigration is a privilege, not a right. You'll have to return to Australia and start the process from there.

Regarding taxes, I took home a salary of close to $100K in 2008 and still had a total loss on my income statement because the commercial property an LLC (of which I'm part owner) bought, and renovated swallowed a small fortune. Hence my K-1 was all red, resulting in a negative income.

Luckily, I didn't have to meet any poverty line. But it's so easy to show income by amending one's tax return and adding money received from babysitting, dog walking, yard and eBay sales, and so on. Uncle Sam doesn't mind you paying more than you have to; they just don't like it the other time around. I therefore suggest to people in situations like yours to add income until the 125% of the poverty line is met. Does it cost money? Yes, a little bit in taxes, but that's the price of admission.

Best of luck to you.

The whole section of the above post is incorrect and very misleading...

There has always been a provision for an immideate relative of a USC to change their status after entering on a non-immigrant visa. It has nothing to do with having intent to get married it is to do with having intent to use a VWP/tourist visa to get around having to file for the correct visa.

It is not jumping the queue and it is not illegal and 1000's of people adjust their status using this route every year. If you came to the USA with no intent to remain but due to a change in your circumstances you now wish to remain and you are the immidiate relative of a USC then you can legally file for AOS and remain in the US while it is being processed.

You may be asked at the AOS interview if you intended to return to your home country at the end of your planned vist and you could be asked to provided evidence to that effect.

As for the comment about it being almost impossible to do AOS from VWP?tourist visa this is totaly incorrect and there are 100's of VJ members who had done AOS from VWP/Tourist visas. The AOS process is exactly the same as it wopuld be for anyone else doing AOS from a K1 or K3, it does not take longer and there is no additional process to be done.

USCIS can not issue a denial of AOS just because you filed for AOS after entry on a VWP or tourist visa, it is written into immigration law. Most denials that happen are for other reasons such as "not meeting the I-864 125% earnings requirement" "failing to respond to a RFE in the time allowed".

Please be more careful about the information you are giving, you are not helping anyone if that information is wrong.

Tay

[Chica Yeyé 41]

Like folks said, there is no appeal for your case. You can either go back home and apply from there, or try to gain residence in either Mexico, or Canada (not as easy as it sounds) and file for a CR-1.

[TayRivers 4]

Like folks said, there is no appeal for your case. You can either go back home and apply from there, or try to gain residence in either Mexico, or Canada (not as easy as it sounds) and file for a CR-1.

The OP also has the option to refile for AOS this time making sure they have a sponsor if they do not meet the income limits. They can not appeal the first case but thay can apply again from the begining.

The should seek the services of a good immigration lawyer before they take any further action.

Tay

[Usui Takumi 1,562]

As a member of the commonwealth, there probably is a way to stay in Canada until your CR 1 is sorted (if you choose to leave)

[Brother Hesekiel 2,236]

There has always been a provision for an immideate relative of a USC to change their status after entering on a non-immigrant visa.

OP has NO VISA. Not even a NON -IMMIGRANT VISA! She therefore did not enter on a non-immigrant visa.

It has nothing to do with having intent to get married it is to do with having intent to use a VWP/tourist visa to get around having to file for the correct visa.

It is not jumping the queue and it is not illegal and 1000's of people adjust their status using this route every year.

Please show me ONE CASE, only 1, where somebody successfully adjusted from WVP.

If you came to the USA with no intent to remain but due to a change in your circumstances you now wish to remain and you are the immidiate relative of a USC then you can legally file for AOS and remain in the US while it is being processed.

She did, and it got denied!

As for the comment about it being almost impossible to do AOS from VWP?tourist visa this is totaly incorrect and there are 100's of VJ members who had done AOS from VWP/Tourist visas.

Again, I haven't seen a single case of VWP adjustment, although I'm sure it exists. B2 is different thing, as it's a visa.

USCIS can not issue a denial of AOS just because you filed for AOS after entry on a VWP or tourist visa, it is written into immigration law.

Correct. So they find a tiny, itsi-bitsi mistake and use that as a denial. You will have to face reality that trying to adjust from no visa to permanent resident is regarded as foul play, and many IOs see it that way as well. It's like saying it's against the law to discriminate against somebody based on his race; therefore, there's no discrimination based upon race in this country.

[Usui Takumi 1,562]

There are tons of cases...stop being so judgmental.

Edited October 26, 2009 by Sousuke

[Chica Yeyé 41]

There are tons of cases...stop being so judgmental.

:hehe:

[TayRivers 4]

There has always been a provision for an immideate relative of a USC to change their status after entering on a non-immigrant visa.

OP has NO VISA. Not even a NON -IMMIGRANT VISA! She therefore did not enter on a non-immigrant visa.

It has nothing to do with having intent to get married it is to do with having intent to use a VWP/tourist visa to get around having to file for the correct visa.

It is not jumping the queue and it is not illegal and 1000's of people adjust their status using this route every year.

Please show me ONE CASE, only 1, where somebody successfully adjusted from WVP.

If you came to the USA with no intent to remain but due to a change in your circumstances you now wish to remain and you are the immidiate relative of a USC then you can legally file for AOS and remain in the US while it is being processed.

She did, and it got denied!

As for the comment about it being almost impossible to do AOS from VWP?tourist visa this is totaly incorrect and there are 100's of VJ members who had done AOS from VWP/Tourist visas.

Again, I haven't seen a single case of VWP adjustment, although I'm sure it exists. B2 is different thing, as it's a visa.

USCIS can not issue a denial of AOS just because you filed for AOS after entry on a VWP or tourist visa, it is written into immigration law.

Correct. So they find a tiny, itsi-bitsi mistake and use that as a denial. You will have to face reality that trying to adjust from no visa to permanent resident is regarded as foul play, and many IOs see it that way as well. It's like saying it's against the law to discriminate against somebody based on his race; therefore, there's no discrimination based upon race in this country.

My Wife entered the USA from the UK back in 2005 on a VWP and she got her greencard in 2005, she lifted conditions in 2007 and got her 10 year greencard and she became a USC in 2009.

You may also like to do a search here on VJ for the 100's of others here that have done exactly that.

The OP was not denied because they were on a VWP they were denied because they did not meet the income limits for AOS and did not provide a co-sponsor.. nothing to do with VWP.

Tay