I-485 Denial

[Vinny305 0]

Hello this is my first time posting here. Found the website browsing google and have a few questions maybe someone can help me.

Me and my wife we been together for 6 years, she came to the United States on a J-1 Visa 12 years ago then she switched to an F1 which expired on 2005. I filed an i-130 2009 which was approved, then the I-765 was approved as well.

We had an interview May 3rd this year everything went very well , the interview officer told us we would be receiving "request for evidence" since we didnt have her IAP-66 at the interview. 4 months went by and we never got a request for evidence, but a gruesome denial of her i-485 and in the notes says that she didn't have proof of her required 2year stay in her country or a waiver which we have. The letter says she has 30 days to leave the country and i contacted INS to tell them we do have that paper and the only thing they told us was "You need to do whats said on the letter you received". So what to do on this case , go to an immigration lawyer ( if there is hope) or just plain she leaves the country then get her waived from over there. Iam at a loss here.

Thanks in advance for any input.

[JimVaPhuong 4,863]

Sounds like they either sent the RFE and you didn't get it, or they think they sent the RFE and you didn't respond.

You can file a motion to reopen within the 30 days. You don't have time to become an expert at the things you need to do in order to get this fixed. Suggest you hire a qualified immigration attorney pronto.

[Vinny305 0]

I do have an attorney and he receives every document we receive from immigration i believe, he did all my paper work even showed up to the interview with me and even heard the officer say that they will send an RFE. Hence why all this was so weird to me.

Edited October 1, 2010 by Vinny305

[Darnell 8,479]

then have the lawyer file the motion to re-open

and

during the next 'evidentiary gathering/submittal' stage

make certain the attorney documents this 'lack of RFE' document and 'interview day conversation'.

IMO, the Immigration Officer got lacksidaisical with finishing up the casefile, that day and that week, and now you must suffer for it.

[Vinny305 0]

Also forgot the main thing,is IAP-66 the waiver they are requesting for (i.e No Objection) or are they different waivers?

Because i do have the IAP-66.

[JimVaPhuong 4,863]

Also forgot the main thing,is IAP-66 the waiver they are requesting for (i.e No Objection) or are they different waivers?

Because i do have the IAP-66.

The IAP-66 is a form issued by the J visa sponsor establishing eligibility for a J visa. It's been replaced by the DS-2019. It's not a waiver. The "No Objection" waiver begins with a "No Objection" letter from the embassy of the alien's home country. Here's an overview of the process:

http://www.hooyou.com/j-1/j1_noobjection.html

There is no way you can finish this before the 30 day period is up. Your attorney should have known this before he ever submitted the I-485. Maybe you need another attorney.

[Vinny305 0]

Ok so the next thing is get the "No Objection" she goes back to her home country which is china , and while she is there can i still get her paperwork done here and appeal for at the time i get the correct waiver?

[payxibka 10,047]

not a K-1 fiancee visa issue... moving thread

[JimVaPhuong 4,863]

Ok so the next thing is get the "No Objection" she goes back to her home country which is china , and while she is there can i still get her paperwork done here and appeal for at the time i get the correct waiver?

NO!!!!!!!!!

She absolutely must not leave the US! If she does then that will put an end to your AOS attempt - dead stop. She cannot adjust status if she leaves the US. She'll need an immigrant visa to return. With five years of overstay she'll receive an automatic 10 year ban when she leaves, so an immigrant visa will be denied. You'll need to try to get a hardship waiver to overcome it, in ADDITION to the "no objection" waiver.

The "no objection" letter should be obtained from HER country's embassy HERE in the United States. In other words, she goes to the Chinese embassy in the US - not the US embassy in China. These can usually be obtained with a mail-in request. She may not need to actually GO to the embassy.

Look, the reason for the home residency requirement is because someone invested some money in her education. To be fair to the sponsor, they insist that she return to her home country and use her new education to benefit her own country for two years before coming back to the US. The "no objection" letter will establish that her country does not object to her not fulfilling this requirement. You may be able to get the "no objection" letter before the 30 day window to file a motion to reopen, but it's highly unlikely you'll finish getting the waiver in this amount of time. But, your attorney needs to file a timely motion, in any case. It might buy you enough time to get the waiver. If not, she'll be placed in removal proceedings. At the master hearing your attorney can ask the immigration judge for a temporary stay while you continue to pursue the waiver.

Where is your attorney in all of this? What are they recommending?

[Darnell 8,479]

re: 'contacting INS' -

are you certain you talked with a Tier 2 Human, or no? --> http://www.dhs.gov/xabout/structure/gc_1221837986181.shtm#5

Tier 2 Humans can clear up much silliness, but must talk with them, have telephone conversation

and

it's not easy to get a Tier 2 Human - must be diligent.

[Vinny305 0]

Appreciate all the replies and advices. Today i went to my attorney , she wouldn't give me an answer until she consults with her boss who is an expert immigration attorney. They gave me an appointment for next Tuesday. Already contacted Chinese government and they told me they were able to send me a "No Objection" fairly fast. Wondering if the "No Objection" coming straight from Chinese government would be the same as receiving it from the Embassy. Also about the "Hardship" waiver. My wife depends on me she works but pretty much i am the one that pays all the bills, I don't know how hardship would apply to me, i do suffer from chronic depression since my teens maybe a psychological hardship but i doubt that would apply. Would appreciate if someone can show me an example of a "No Objection" letter.

Thanks alot.

God bless.

Forgot to add no agency funded her J-1 , she was self funded by her parents.

Edited October 1, 2010 by Vinny305

[Darnell 8,479]

suggest you contact 'INS' again. use the link I provided, study the content, get 'solid' on understanding what a Tier 2 human can do.

IMO, if yer able to pursuade the Tier 2 Human to 'do stuff' - it will save a lot of time and other silliness.

[Vinny305 0]

suggest you contact 'INS' again. use the link I provided, study the content, get 'solid' on understanding what a Tier 2 human can do.

IMO, if yer able to pursuade the Tier 2 Human to 'do stuff' - it will save a lot of time and other silliness.

Just got off the phone with the Tier 2 INS officer just like you directed me. Right off the bat i felt the difference between tier 1 and tier 2. The tier 2 officer was alot more helpful. Since the only thing my wife was denied for is the lack of 2 year requirement/waiver he said with the "No Objection" and waiver. The case can be re-opened and overturned.

[Darnell 8,479]

there ya go.

ya owe me a beer.

(or 4 dozen steamed venison jiaozi, yer choice)

good news, yes?

Edited October 1, 2010 by Darnell

[Vinny305 0]

there ya go.

ya owe me a beer.

(or 4 dozen steamed venison jiaozi, yer choice)

good news, yes?

The venison jiaozi best choice!

Yeah good news that there is hope, now to get that 'No Objection" sent from chinese government to US and to US approve the waiver. If everything goes right i will have a case of beers to celebrate the conquering of this nightmare, but if no choice, I'd still celebrate i will be moving to china with my wife, i actually like it there alot.