2nd I-131 denied before biometrics

[NY_BX 397]

My wifes english is good, but you have to speak slowly sometimes and we didn't bring an interpreter with us. My Russian is basic at best and at the time of our interview my wifes English was deemed insufficient and we were told that we would need to bring an interpreter for a second interview. At that point we were just lost in the bureacratic black hole that USCIS can be. It is a lesson learned albeit an extremely painful one. I am not one to look back and we will now start on the CR-1 application.

Start the CR-1 and get well educated in the matter. Good luck!

[ceadsearc 516]

Did they already leave? If they left without valid AP their case will be denied (considered abandoned) and you'll have to file for a spousal visa. They'll wait in Russia until it is complete.

If they didn't leave yet they should stay here.

But - your daughter. Is she a USC? Or eligible to be one?

[Harpa Timsah 13,258]

Duplicate thread: http://www.visajourney.com/forums/topic/373759-cases-transferred-and-partially-denied/

[aaron2020 11,651]

I guess I should explain our situation as best I can. My wife and I filed for the change of status in February of 2011 along with a work permit and travel documents. We got those no problem. Our interview did not go well and we were told that we would need a second interview. That was in May of 2011. Nothing has happened for almost a year. My wife and daughter's travel documents were set to expire so we reapplied in January of this year so that they could return to Russia for the summer, they have not adjusted to the ridiculous Florida heat. We had our biometrics and everything was fine we thought. On June 1 we got a notice saying that both of the girls I-485 had been transferred to VSC for faster processing. Than yesterday I got an e-mail stating that our application for an I-131 was denied and a letter would be coming to document the reasons as well as our options for appealling the decision. Has anybody ever had anything like this happen? What will happen if my wife and daughter are out of the country and they can not get back into the US? Will we have to start over? Sorry for such a long post, but this process has taken such a long time and I am not even sure if I am posting this in the right forum. Any help or advice would be greatly appreciated.

Your wife and stepdaughter left without Advance Parole or green cards. BIG MISTAKE.

They are stuck outside the US. They cannot return.

You will need to file an I-130 and start the process all over. It will take 6 months to a year for them to get visas.

P.S. The reason the I-131s were denied is that they had already left the US and according to US laws are deemed to have abandoned their adjustment of status processes (I-485). AP cannot be issued after a person leaves the US.

[aaron2020 11,651]

We called repeatedly and even had an infopass appointment. All of which was fruitless and we were told to wait. We hired an attorney after about 10 months of waiting and he has also told us to wait.

Yes they left before the AP was approved. Yes we know it was stupid to have done so. However, we had applied for the second i-131 in January and just assumed that since she did the biometrics in March that we were well on our way. She left on June 1st and that same day was when we got the transfer notices about the I-485. The next day we got the notice that i-131 was being transferred. We got a notice for a second biometrics appointment after that. I did go to ASC since I only a few minutes away and talked to someone their who looked it up on the computer and he said that we would not need to show up for it. (I did not tell him that my wife had already left the country.)

Why didn't you tell them that your wife has already left? How do you expect to get the right information if you don't correctly describe your situation?

Some part of USCIS is aware that your wife has left the country. Just because some poor phone center schmuck on the disinformation line is unaware is unimportant.

The I-485s are done. You can hold back the information that your wife is out of the country but you would be engaging in fraud if she does gets a green card. Is this how you want to start her life in the US?

You screwed up by letting her leave the US. Be honest with her about it.

You have been given good advice on how to fix your mistake. File the I-130 and start the spousal visa process. File another I-130 for your stepdaughter. Wait the 6-12 months.

No judge or government official is going to ignore the law. No one is going to give your wife a green card knowing that she left the US without AP. Only their ignorance of this material fact could result in your wife successfully adjusting, and this would be based on a material misrepresentation. And a material misrepresentation puts her at risk even if she later becomes a US citizen. Lying or leaving out material facts = fraud = lifetime ban = revocation of immigration status = hell. Don't go there.

You can't fix the I-485. No one can. Accept your mistakes and go forward. Try to be slick by hiding the fact that your wife left the US without AP could bite you in the ####### severely. Do you want to risk a lifetime ban for your wife? Do you feel lucky?

Edited June 20, 2012 by aaron2020

[VanessaTony 3,567]

Almost every post so far is speculation. WHERE are your wife and step-daughter(or is she your daughter) at the moment?

If they are not in the US, when did they leave? If they ARE in the US they CANNOT leave.

[aaron2020 11,651]

Almost every post so far is speculation. WHERE are your wife and step-daughter(or is she your daughter) at the moment?

If they are not in the US, when did they leave? If they ARE in the US they CANNOT leave.

Read post #4 in his other thread. http://www.visajourney.com/forums/topic/373759-cases-transferred-and-partially-denied/

No one is speculating. His wife and stepchild left the US before receiving AP.

We called repeatedly and even had an infopass appointment. All of which was fruitless and we were told to wait. We hired an attorney after about 10 months of waiting and he has also told us to wait.

Yes they left before the AP was approved. Yes we know it was stupid to have done so. However, we had applied for the second i-131 in January and just assumed that since she did the biometrics in March that we were well on our way. She left on June 1st and that same day was when we got the transfer notices about the I-485. The next day we got the notice that i-131 was being transferred. We got a notice for a second biometrics appointment after that. I did go to ASC since I only a few minutes away and talked to someone their who looked it up on the computer and he said that we would not need to show up for it. (I did not tell him that my wife had already left the country.)

Edited June 20, 2012 by aaron2020

[lee b 2]

Actually I didn't tell them, because they didn't ask. It may have been a lie of omission, but I was only stating it in my post to put in as much information as possible. Last I checked my wife wasn't property. I didn't let her leave. She had some family matters that needed to be taken care of.

I have thanked everyone for their advice so your attack on me isn't really necessary, but if reiterating that I screwed up makes you feel better than more power to you. I have already said as much and really was looking for good advice, which the people here gave me.

[aaron2020 11,651]

Actually I didn't tell them, because they didn't ask. It may have been a lie of omission, but I was only stating it in my post to put in as much information as possible. Last I checked my wife wasn't property. I didn't let her leave. She had some family matters that needed to be taken care of.

I have thanked everyone for their advice so your attack on me isn't really necessary, but if reiterating that I screwed up makes you feel better than more power to you. I have already said as much and really was looking for good advice, which the people here gave me.

Sorry if I came off too strong. I am not trying to attach you.

my thoughts to you is be honest with USCIS. The omission of a material fact can irrevocably and negatively affect your wife.

[Penguin_ie 5,993]

** merged two topics on the same issue. PLease do not create more than one thread on a issue/ question. If you have follow-on questions, additional information or something is unclear, post such as a reply to the original topic. ****

[VanessaTony 3,567]

Read post #4 in his other thread. http://www.visajourney.com/forums/topic/373759-cases-transferred-and-partially-denied/

No one is speculating. His wife and stepchild left the US before receiving AP.

I believe that was from the other thread because the one I posted on didn't look this long. They have since been merged. Or I didn't refresh. Either or all advice is accurate. OP will now apply for a CR-1 but the positive is they'll get the 10 year g/c on entry due to the length of marriage. also on the positive, they get to spend some quality time with their family. Suck it happened this way though.

[lee b 2]

Sorry aaron2020 I am probably a bit oversensitive and i am sorry for such a rude reply. The last two days have been a good kick in the backside. Knowing it's our fault doesn't cushion the blow.

Sorry about the multiple threads, but I wasn't sure which forum it actually belonged in. I would have moved it myself, but let's be honest I have no idea how to do such a thing. My computer skills leave a lot to be desired.

Yes we will be applying for a CR-1. Thanks again everyone for the good and correct advice. Of course it will take a day or two to get all of the documents together, but this is only a "speed bump" in what has already been a long process. I have one question and this is probably not the correct forum, but maybe someone here knows the answer. How do they determine a CR-1 or an IR-1? I mean is it the length of our marriage at the time that we apply or is it some other point in the process? Again thanks everybody and sorry if I seem cranky. There is no excuse and I again apologize for being rude to anyone.

[VanessaTony 3,567]

Sorry aaron2020 I am probably a bit oversensitive and i am sorry for such a rude reply. The last two days have been a good kick in the backside. Knowing it's our fault doesn't cushion the blow.

Sorry about the multiple threads, but I wasn't sure which forum it actually belonged in. I would have moved it myself, but let's be honest I have no idea how to do such a thing. My computer skills leave a lot to be desired.

Yes we will be applying for a CR-1. Thanks again everyone for the good and correct advice. Of course it will take a day or two to get all of the documents together, but this is only a "speed bump" in what has already been a long process. I have one question and this is probably not the correct forum, but maybe someone here knows the answer. How do they determine a CR-1 or an IR-1? I mean is it the length of our marriage at the time that we apply or is it some other point in the process? Again thanks everybody and sorry if I seem cranky. There is no excuse and I again apologize for being rude to anyone.

It's based on the length of marriage. The paperwork is the same but of course the relationship evidence is required to be more. More like if you were applying for ROC. If you are married for more than 2 years at the time of her ENTRY back to the US with the CR-1/IR-1 visa she will be sent a 10 year card. So keep and eye on that date so that if it's close when you get the visa approved you know when is a better time to enter the US.

[bigdog 376]

Patience is the word and to know the limitations to the process, IE: the rules.

[bestofboston 36]

The good news is you don't have to get your marriage license translated for the I-130 process.