i485 denied, don't know what to do

[tdas75 0]

Hi, I'll try to explain it the best way I can.

I've been married to my husband for 7 years, we have one 7 year old boy and we are expecting our second child. We are still together. We apply for the 130 when he was a Permanent Resident and we were living in Florida. Then we updated the case when he became a Citizen. They sent my file to Peru and I received an appointment to go to the US Consulate in Peru for an interview. But we were living here in the US. I sent a letter asking to return my file to the USCIS because I was gonna apply for adjustment of status. We file the I-765 and I-485 here in New Jersey, where we live now. I got my biometrics, received my appointment letter for the interview, got my employment authorization card, got my ssn. At the interview, they told us that my file was still in Peru and they were gonna ask for it, but they didn't need to do a long interview because it was obvious our marriage was legit. 15 days later, i got the case status information on my email saying that they are sending me a denial letter for my Adjustment of Status. What went wrong??? Please I need advice.

[Kiv 32]

Did they give you more information in the letter?

[Kathryn41 3,205]

What was your immigration status when you entered the US and what is your immigration status now? Were you already married when you entered the US?

When you receive the letter it should give you a reason for the denial but knowing the above information may help our members offer some ideas about what that reason might be until the letter arrives.

[Penguin_ie 5,996]

What kind of visa are you currently in the USA on?

[tdas75 0]

Ok, I entered the USA in 2004 with a tourist visa which already expired. My husband came here a couple of months before because he got his case approved (his dad, a us citized filed for him). We got married here the same year, but we apply for the I130 on 2007. I didn't receive the letter yet, I just got the status update on my email and I freaked out. They say the letter was sent today, so I'll receive it in a couple of days I guess. My husband and I can't think of any reason why they could deny it! Even the person who interview us told us that everything was clear and they only had to wait for my file from Peru and if anything wasn't clear they will call us for another interview. Thanks for your responses, I hope I'm not making it confuse.

[Kathryn41 3,205]

Thank you - that does clear up the situation.

You entered legally although you were out of status when your husband filed the I-130. The only thing I can think of - and others here might have additional ideas - is that the I-130 was filed when you weren't eligible to be sponsored as only a US citizen can sponsor a spouse who is out of status. Perhaps the I-485 has been denied because the I-130 was denied and it is like a domino effect. I am not sure if they would base the I-130 on the status when filed or the status when reviewed, but I suspect it is 'when filed'.

IF this is the situation, the solution would be to refile a new I-130 based upon your husband's current status as a US citizen and concurrently re-file the I-485 and I-765. It means that you would have to pay the fees over again but there would be no question of your eligibility now. Hopefully, this is the 'reason' for the denial because it is an easy fix as long as you don't leave the US. It is basically a denial for a 'technicality'.

As I mentioned above, others may have additional ideas

(Topic has also been moved by an Organizer from AOS from a family visa to AOS from a work, student and visitor visa forum)

Edited September 29, 2011 by Kathryn41

[tdas75 0]

But my I130 was approved on 2009. After that, my husband became a US Citizen and then we apply for the AOS. My I765 was approved, got biometrics, interview, everything seemed to be fine.

[VanessaTony 3,567]

But my I130 was approved on 2009. After that, my husband became a US Citizen and then we apply for the AOS. My I765 was approved, got biometrics, interview, everything seemed to be fine.

Doesn't matter if it was approved or not, could have been a mistake.

My advice is to wait till you get the letter and see what it says. DO NOT LEAVE in the meantime. If that's what it is then file the I-130 again with the I-485 and you should be fine.

[tdas75 0]

Yes, I guess I have to wait for the letter. I just freaked out. Thank you for the responses. I'll keep you posted.

[Brother Hesekiel 2,236]

Everything appears to be in order. You really need to wait for the letter.

Oh . . . and try not to panic.

[Boiler 46,120]

Did he upgrade his petition when he obtained his Citizenship.

[Casprd 167]

Ok I will be the negative nancy for this thread Just based on what you have posted it appears your "future" husband came here, then you came a short time later and got married with the intent to stay and just waited out the time for your husbands citizenship to be approved and maybe jumped the gun by filing a little early. Whether this is the case or not is a moot point, but based on the info supplied that is how it appears to have happened. As others have stated, wait for the letter that details the reasons for the denial, but most likely you will have to refile the I-130 now that your husband is a citizen. Be prepared however for some questions to arise in the process because of the circumstances and timing of arrivals, filing etc. Not saying there will definitely be problems, but if the person adjudicating your case wants to take exception with the circumstances, there appears to be enough things out of the ordinary for them to make it difficult.

[Kehinde 45]

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Edited September 29, 2011 by Olami

[Boiler 46,120]

Actually the circumstances suggest more to me that this proves a real relationship.

The question is whether the petition has been upgraded or not.

[Kehinde 45]

It may have raised a red flag that ya'll waited until 2011 to file even though you were approved the I130 in 2009. They probably think ya'll were not together all those years.