Marriage to U.S. Born Citizen, but I-485 is denied

[Red_Walk 1]

Last week I received a letter from the USCIS Chicago office denying my case for “APPLICATION FOR ADJUSTMENT FOR PERMANENT RESIDENCE”.

This is the reason given by them in letter,

“Section 245(a) (3) of the Act requires an immigrant visa be immediately available to the applicant at the time his or her application for adjustment of status is filed. And you have not established that approved immigration status available to you.”

I did called quite a few representative from 1-800- .... Number but all of them indicated one fact that the case was denied as they did not have proof of my wife being a USA citizen. My wife was born in the US and is a USA Citizen. We had submitted her U.S. birth certificate with our original application. They did not give us any option to re-open or appeal the case in the letter. There is no way I can act on this letter as they denied my case. I am trying to get a hold of an officer from Chicago office but they are not available on phone.

Can any one guide me on this topic. my I-485 got denied and my EAD with I-485 got cancelled. I lost my job because of loss of EAD. Is there any quick way to fix the issue apart from re-filing the case? I will appreciate any help from members.

[RICARDO4EVA2 194]

perhaps via info pass on uscis.gov's website you may wish to visit the nearest USCIS office and speak with an immigration officer. You can also call the 1800# and speak with a supervisor or level 2 customer service person.

[Red_Walk 1]

perhaps via info pass on uscis.gov's website you may wish to visit the nearest USCIS office and speak with an immigration officer. You can also call the 1800# and speak with a supervisor or level 2 customer service person.

Thanks for reply. But do the phone officer has authority to rectify the matter when they see that clear unjustice has been done.With Info pass appointment do they take care of situation right away ?..

[zoom123 7]

The better way to talk to an IO is make an info pass appointment and talk to them.

While going there carry all your original documents and the copy of applicaiton filed with Chicago lock box.

Can you explain in detail. When you filed the aplication.

1. If your wife is a US Citizen did she is residing in currently in USA.

2. Where and when you marry her. (Did you submitted marriage certificate or any other proof of your relationship)

3. Did you filed I-130 & I-485 same time.

4. Along with the above forms did you submitted G-325(Info regarding you & your wife)- Sorry may be I forgot the correct form no.

5. If your wife is sponsoring you, did she works-Did any joint sponsor also be involved.

6. When and how you came to USA.

I think some thing wrong with your application, please give us a clear picture.

Immediatly tak an info pass and talk to IO, nothing wrong with that.

or you can re file the fresh case for Adjustment of Status on Marriage based.

[ceadsearc 516]

When you call the 1-800 number of USCIS, you are actually calling a call center and not speaking to IOs. I would definitely make an InfoPass at your local office ASAP and bring all your documentation, you will then be seeing an IO.

[Red_Walk 1]

The better way to talk to an IO is make an info pass appointment and talk to them.

While going there carry all your original documents and the copy of applicaiton filed with Chicago lock box.

Can you explain in detail. When you filed the aplication.

1. If your wife is a US Citizen did she is residing in currently in USA.

2. Where and when you marry her. (Did you submitted marriage certificate or any other proof of your relationship)

3. Did you filed I-130 & I-485 same time.

4. Along with the above forms did you submitted G-325(Info regarding you & your wife)- Sorry may be I forgot the correct form no.

5. If your wife is sponsoring you, did she works-Did any joint sponsor also be involved.

6. When and how you came to USA.

I think some thing wrong with your application, please give us a clear picture.

Immediatly tak an info pass and talk to IO, nothing wrong with that.

or you can re file the fresh case for Adjustment of Status on Marriage based.

Thanks for reply. I already took appoint with infopass office. let me explain you my case step by step

1.Yes she is Michigan born and currently staying in Texas.

2.I married her in Feb 2011,In Texas

3.As she is US Citizen we filled I-130 and I-485 same time( with proof of our marriage certificate and her date of birth certificate and all other required documents.

4.We did submitted form 325A for her and myself.

5.I am working on H-1B and my wife go to school and she has part time jobs.So we used me and her as joint sponsor.

6.I came to US in 2006 on F-1 visa and then got my H-1B working for company.( At the time of marriage of I was legal alien with H-1B visa)

Please let me know, If you need any more information. I am stressed out as I already lost my EAD due to denial of my I-485 application with above stated reason and lost my job also( as I was using EAD as my work authorization. And its real pain to let good job go after struggling to find one ...)

[Harpa Timsah 13,258]

Did you also file a I-130? You need that or no visa number will be available.

Edit: If you did,they should have sent an FRE for Birth Certificate... another idea is did you check the wrong box for reasons for I-485? It should be A. In any case, make INFOPASS ASAP.

Edited September 9, 2011 by Harpa Timsah

[Red_Walk 1]

Did you also file a I-130? You need that or no visa number will be available.

I did file I-130 with my application package. With proof of my marriage certificate and date of birth certificate and all other required documents.

[RICARDO4EVA2 194]

When you call the 1-800 number of USCIS, you are actually calling a call center and not speaking to IOs. I would definitely make an InfoPass at your local office ASAP and bring all your documentation, you will then be seeing an IO.

you can call the call center and speak with a level 2 person who has full access and that is full regarding the case & who is able to contact the service center directly that is assigned to your case. The problem is that due to security issues.. they are often times limited since they cant truly verify the person on the phone making the request.

[Used to be broken 147]

I did file I-130 with my application package. With proof of my marriage certificate and date of birth certificate and all other required documents.

Have your wife contact her Senate Representative immediately as well as getting in contact with the USCIS Ombudsman. You might want to spend a buck and get an Immigration Attorney. How did your job find out your EAD expired?

http://www.dhs.gov/xlibrary/assets/cisomb_dhsform7001.pdf

Thanks for reply. I already took appoint with infopass office. let me explain you my case step by step

1.Yes she is Michigan born and currently staying in Texas.

2.I married her in Feb 2011,In Texas

3.As she is US Citizen we filled I-130 and I-485 same time( with proof of our marriage certificate and her date of birth certificate and all other required documents.

4.We did submitted form 325A for her and myself.

5.I am working on H-1B and my wife go to school and she has part time jobs.So we used me and her as joint sponsor.

6.I came to US in 2006 on F-1 visa and then got my H-1B working for company.( At the time of marriage of I was legal alien with H-1B visa)

Please let me know, If you need any more information. I am stressed out as I already lost my EAD due to denial of my I-485 application with above stated reason and lost my job also( as I was using EAD as my work authorization. And its real pain to let good job go after struggling to find one ...)

What were you told at Infopass?

[Red_Walk 1]

Have your wife contact her Senate Representative immediately as well as getting in contact with the USCIS Ombudsman. You might want to spend a buck and get an Immigration Attorney. How did your job find out your EAD expired?

http://www.dhs.gov/xlibrary/assets/cisomb_dhsform7001.pdf

What were you told at Infopass?

Thanks man, Specially on USCIS Ombudsman I was not knowing about this information at all. I did got attorney this time and he asked me to refile it.As my previous denial did not given me any option to reopen the case. But the worst part of me loosing my job, I am sitting at home and can not do anything. I did let my employer known about this, I felt I should not hide this information from them especially when I got hired on EAD Work Authorization. I am more curious on the option on US Senate representative. Can you provide me more information on that.How we can approach in this type of situation. Do you think there may be any quick fix on this situation so I can get my case open and EAD valid again...

Any help from your side will be appreciated........

Thank you...

[Used to be broken 147]

Thanks man, Specially on USCIS Ombudsman I was not knowing about this information at all. I did got attorney this time and he asked me to refile it.As my previous denial did not given me any option to reopen the case. But the worst part of me loosing my job, I am sitting at home and can not do anything. I did let my employer known about this, I felt I should not hide this information from them especially when I got hired on EAD Work Authorization. I am more curious on the option on US Senate representative. Can you provide me more information on that.How we can approach in this type of situation. Do you think there may be any quick fix on this situation so I can get my case open and EAD valid again...

Any help from your side will be appreciated........

Thank you...

As far as the Senator.. look up http://www.congress.org/ and put in zip code. Get office telephone number, have spouse call or you call, they will fax you privacy statement. Fill it out and return it ASAP. They will go to work on the case.

Curious, does your wife have a US Passport? Were her parents born here in USA? If so get copies of all this and if the Senator has an office close to you go there and bring it to them.

[A + M 29]

Last week I received a letter from the USCIS Chicago office denying my case for “APPLICATION FOR ADJUSTMENT FOR PERMANENT RESIDENCE”.

This is the reason given by them in letter,

“Section 245(a) (3) of the Act requires an immigrant visa be immediately available to the applicant at the time his or her application for adjustment of status is filed. And you have not established that approved immigration status available to you.”

I did called quite a few representative from 1-800- .... Number but all of them indicated one fact that the case was denied as they did not have proof of my wife being a USA citizen. My wife was born in the US and is a USA Citizen. We had submitted her U.S. birth certificate with our original application. They did not give us any option to re-open or appeal the case in the letter. There is no way I can act on this letter as they denied my case. I am trying to get a hold of an officer from Chicago office but they are not available on phone.

Can any one guide me on this topic. my I-485 got denied and my EAD with I-485 got cancelled. I lost my job because of loss of EAD. Is there any quick way to fix the issue apart from re-filing the case? I will appreciate any help from members.

I don't know why your AOS was denied. Also, I don't know whether you can re-apply for AOS (Actually, I don't think you can)

Schedule an Infopass at your USCIS local office ASAP and/or contact an immigration lawyer to talk it over.

Good luck!

[confusedasheck 21]

5.I am working on H-1B and my wife go to school and she has part time jobs.So we used me and her as joint sponsor.

I'm definately not the expert here, but you listed yourself as a joint sponsor? Is this accepted by the US? Don't you have to be a US citizen or LPR to be a sponsor?

[Deputy Purple 1,294]

I'm definately not the expert here, but you listed yourself as a joint sponsor? Is this accepted by the US? Don't you have to be a US citizen or LPR to be a sponsor?

Intending immigrant's income can be used for financial sponsorship if the income will continue after a Greencard is issued...