I-485 Denied. Options to reapply

[cherryswife 3]

Hi there...

Just wanted to update you all on our case.

We spoke with two attorneys who both said we could try re-filing from within before my 30 days is up, but it is iffy. We also haven't yet got a cosponsor. So, I am going home. I leave November 22nd. We will reapply from Australia, and this time use an attorney. Hopefully we can get a cosponsor.

I am now stocking up on all the wonderfully cheap american cosmetics and clothes and looking for a job and house back in Cairns. I estimate it will be another year before I am back. Though with an attorney, maybe things will be speedier.

Thanks for all the wonderful support and advice - It truly has been invaluable.

[juliava 80]

I am really sorry that you have to experience this. I wish you all the best and hopefully you will be back soon!

[marie09 5]

Hi there...

Just wanted to update you all on our case.

We spoke with two attorneys who both said we could try re-filing from within before my 30 days is up, but it is iffy. We also haven't yet got a cosponsor. So, I am going home. I leave November 22nd. We will reapply from Australia, and this time use an attorney. Hopefully we can get a cosponsor.

I am now stocking up on all the wonderfully cheap american cosmetics and clothes and looking for a job and house back in Cairns. I estimate it will be another year before I am back. Though with an attorney, maybe things will be speedier.

Thanks for all the wonderful support and advice - It truly has been invaluable.

Awww Cherryswife - what a nightmare... My thought are with you and your husband. Hope time goes fast for you guys and you get your happy ending...

[dirtyweebesom 8]

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.

Wow, you don't know all the details in this case, so perhaps it would be better not to judge until you do, huh?

[rebeccajo 14]

Hi there...

Just wanted to update you all on our case.

We spoke with two attorneys who both said we could try re-filing from within before my 30 days is up, but it is iffy. We also haven't yet got a cosponsor. So, I am going home. I leave November 22nd. We will reapply from Australia, and this time use an attorney. Hopefully we can get a cosponsor.

I am now stocking up on all the wonderfully cheap american cosmetics and clothes and looking for a job and house back in Cairns. I estimate it will be another year before I am back. Though with an attorney, maybe things will be speedier.

Thanks for all the wonderful support and advice - It truly has been invaluable.

Did you speak to attorneys who were experts in the field of family immigration? I hope you didn't go speak to Joe Attorney down the block who practices real estate or criminal law. And I hope you didn't speak to an attorney who is an expert in employment immigration law. Immigration for the purposes of employment (loads of corporations have these folks on staff) aren't really skilled enough to advise family based petitioners.

It's not always easy to calculate when the bar could begin as this memo indicates:

http://www.immigrationlinks.com/news/news729.htm

Yes I know it's an old memo but it still explains the implications of leaving. At any rate, I'd hate to see you leave the country without advice from REALLY WELL QUALIFIED counsel.

I had not seen your post till today. They denied the I-485 because of the I-864? Not meaning to be rude, but was there no other reason for a denial? Did they even give you a chance for a second filing of the I-864?

Edited November 13, 2009 by rebeccajo

[cherryswife 3]

Hi there...

Just wanted to update you all on our case.

We spoke with two attorneys who both said we could try re-filing from within before my 30 days is up, but it is iffy. We also haven't yet got a cosponsor. So, I am going home. I leave November 22nd. We will reapply from Australia, and this time use an attorney. Hopefully we can get a cosponsor.

I am now stocking up on all the wonderfully cheap american cosmetics and clothes and looking for a job and house back in Cairns. I estimate it will be another year before I am back. Though with an attorney, maybe things will be speedier.

Thanks for all the wonderful support and advice - It truly has been invaluable.

Did you speak to attorneys who were experts in the field of family immigration? I hope you didn't go speak to Joe Attorney down the block who practices real estate or criminal law. And I hope you didn't speak to an attorney who is an expert in employment immigration law. Immigration for the purposes of employment (loads of corporations have these folks on staff) aren't really skilled enough to advise family based petitioners.

It's not always easy to calculate when the bar could begin as this memo indicates:

http://www.immigrationlinks.com/news/news729.htm

Yes I know it's an old memo but it still explains the implications of leaving. At any rate, I'd hate to see you leave the country without advice from REALLY WELL QUALIFIED counsel.

I had not seen your post till today. They denied the I-485 because of the I-864? Not meaning to be rude, but was there no other reason for a denial? Did they even give you a chance for a second filing of the I-864?

Yes, we spoke to two immigration attorneys. As mentioned, both said we could try to re-file quickly, within the 30 days - IF we could fix our finances or find a cosponsor (but there were no guarantees). But - we could do nothing to change our financial situation, nor find a cosponsor in this short time and so there was no point even attempting to re-file - the outcome wold be the same.

And yes, we were denied because of the 864. My husbands income was way lower than the required amount. We had thought our assets would make up for the difference but they didn't. No, they didn't give us a second chance, they told us there was no option for appeal and I had no right to see a judge either. They gave me 30 days to leave with no exceptions.

Thanks everyone for the support!

[cherryswife 3]

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.

Wow, you don't know all the details in this case, so perhaps it would be better not to judge until you do, huh?

Thanks for addressing this.... We absolutely DO NOT cheat our taxes. We make enough to get us by - we just don't make enough profit for the requirements of the 864.

[rebeccajo 14]

Hi there...

Just wanted to update you all on our case.

We spoke with two attorneys who both said we could try re-filing from within before my 30 days is up, but it is iffy. We also haven't yet got a cosponsor. So, I am going home. I leave November 22nd. We will reapply from Australia, and this time use an attorney. Hopefully we can get a cosponsor.

I am now stocking up on all the wonderfully cheap american cosmetics and clothes and looking for a job and house back in Cairns. I estimate it will be another year before I am back. Though with an attorney, maybe things will be speedier.

Thanks for all the wonderful support and advice - It truly has been invaluable.

Did you speak to attorneys who were experts in the field of family immigration? I hope you didn't go speak to Joe Attorney down the block who practices real estate or criminal law. And I hope you didn't speak to an attorney who is an expert in employment immigration law. Immigration for the purposes of employment (loads of corporations have these folks on staff) aren't really skilled enough to advise family based petitioners.

It's not always easy to calculate when the bar could begin as this memo indicates:

http://www.immigrationlinks.com/news/news729.htm

Yes I know it's an old memo but it still explains the implications of leaving. At any rate, I'd hate to see you leave the country without advice from REALLY WELL QUALIFIED counsel.

I had not seen your post till today. They denied the I-485 because of the I-864? Not meaning to be rude, but was there no other reason for a denial? Did they even give you a chance for a second filing of the I-864?

Yes, we spoke to two immigration attorneys. As mentioned, both said we could try to re-file quickly, within the 30 days - IF we could fix our finances or find a cosponsor (but there were no guarantees). But - we could do nothing to change our financial situation, nor find a cosponsor in this short time and so there was no point even attempting to re-file - the outcome wold be the same.

And yes, we were denied because of the 864. My husbands income was way lower than the required amount. We had thought our assets would make up for the difference but they didn't. No, they didn't give us a second chance, they told us there was no option for appeal and I had no right to see a judge either. They gave me 30 days to leave with no exceptions.

Thanks everyone for the support!

Thank you for answering the question. I wasn't prying and I hope you understand.

We talk a lot on Vj about adjusting from the visa waiver and why it isn't a good idea. We talk about whether or not a couple can be denied because the alien has not come over on a proper visa. I will be straight up honest with you that I was querying you to determine if there was something else going on with your case. I was wondering if the officer thought something was amiss with your relationship. I was wondering if you were queried about your intent to remain in the US when you arrived - something we rarely read of happening. I wasn't doing this to be nosy. I was asking because I was wondering if there was something about your case we could all learn from.

It appears the 'something' we have learned is the serious nature of the I864 requirements. You were given a chance by the Service (through the RFE) to come up with more documentation of the sponsor's (your husband) income, or to find a joint sponsor. When unfortunately you were unable to do so, they denied the case.

The only difference between your case and someone adjusting from a visa appears to be you have no right of appeal.

I am glad you heard from competent counsel. I wish you luck and hope you and your husband are not separated long. Please report to us as your case progresses.

[sachinky 465]

So you're hoping to file a CR1 sometime soon?

Do let us know how your case progresses. Good luck!