i485 denial

[safaq 0]

I am in desperate need of some answers. I came to the country on nov 14 of 2011 on a k1 visa. I married my husband within my time frame and we sent in the forms we had to. Things have been very up and down with my husband and he has hidden a lot from me. I just recently found out that my application for the temporary greencard was denied completely with no appeal because of an irresponsible mistake my husband made by filing everything himself. He never showed me the letter USCIS sent me regarding the case but told me it was because we forgot to mail the i130 form. On the i797 which was sent to me in february 2012 it stated that i needed an affidavit of support which could be filled out on the i130 and my husband thought that all they needed was for us to sign and send the form. My denial states that anything i applied for has been revoked and the i485 and i130 were denied. The option of the 290b is not available because my husband hid the letter from me so long that my 33 days were up as of july 28th. Im in a hole and i dont know what to do. I saw a lawyer who mentioned me self petitioning due to my husbands patterns of consistency to hide the truth and the lawyers afraid my husband may not cooperate. I need advice asap.

Best Regards,

Safa Q

[Thomas and Kristi 17]

I am in desperate need of some answers. I came to the country on nov 14 of 2011 on a k1 visa. I married my husband within my time frame and we sent in the forms we had to. Things have been very up and down with my husband and he has hidden a lot from me. I just recently found out that my application for the temporary greencard was denied completely with no appeal because of an irresponsible mistake my husband made by filing everything himself. He never showed me the letter USCIS sent me regarding the case but told me it was because we forgot to mail the i130 form. On the i797 which was sent to me in february 2012 it stated that i needed an affidavit of support which could be filled out on the i130 and my husband thought that all they needed was for us to sign and send the form. My denial states that anything i applied for has been revoked and the i485 and i130 were denied. The option of the 290b is not available because my husband hid the letter from me so long that my 33 days were up as of july 28th. Im in a hole and i dont know what to do. I saw a lawyer who mentioned me self petitioning due to my husbands patterns of consistency to hide the truth and the lawyers afraid my husband may not cooperate. I need advice asap.

Best Regards,

Safa Q

I'm confused on why he told you that you would need an I-130. If you came over on a K-1, you don't need that. You do however need an Affidavit of Support (I-864) and if he didn't send one in, that's a big problem. I'm sorry, I re-read your post again and you mention your I-485 and I-130 were denied. Did you come over on a K-1?? I also don't know what you mean by self-petitioning...are you considering a VAWA?

[Ryan H 3,834]

Moved from K1 Process & Procedures to Adjustment of Status from Family Based Visas forum.

[KayDeeCee 4,896]

Why did you send an I-130? That is not needed for adjustment of status from a K-1. What exactly was the reason given for the denial? If you plan on staying married and working things out with your husband, then you will need to think about refiling. Follow this guide: http://www.visajourney.com/content/k1k3aos

You fill out all the forms and gather the supporting documents. It is your AOS, not his. The only thing he needs to provide is the I-864 and financial documents that go along with it.

[Penguin_ie 5,997]

Is your husband willing to make it right? Because you can still file a new AOS, but would need to pay again (and make sure to read the Adjustment of Status Guide on here before filing so no more mistakes are made!) and of course he needs to file the I-864 with it.

[JimVaPhuong 4,863]

I saw a lawyer who mentioned me self petitioning due to my husbands patterns of consistency to hide the truth and the lawyers afraid my husband may not cooperate. I need advice asap.

Well, that would be a very lucrative approach for the lawyer, but it probably wouldn't pan out very well for you. A VAWA self petition requires proof of "battery or extreme cruelty". Hiding food and water from you would rise to the level of extreme cruelty. Hiding facts from you would not. The angle the attorney is thinking about is that using someone's immigration status in order to try to manipulate or control them can be a form of abuse, but it needs to be part of a pattern of abuse, and not simply the only sort of abuse being claimed.

On the other hand, adjusting status through any other means will require your husband's cooperation to at least sign the I-864 and provide the supporting evidence. If your husband isn't willing to do that then VAWA may be your only other option. The simple fact is that your husband can't be forced to help you adjust status, and hiding facts from you is probably far short of the sort of evidence you'd need to prove a VAWA case.

I think you need to sit down with your husband and find out what's going on in his head. Either he wants you for his wife or he doesn't. If he wants you for his wife then he should be willing to help you obtain your immigration documents. Some people are just strongly adverse to dealing with government bureaucracies, and don't have the patience to jump through their hoops. I myself have a bit of that attitude every year when I prepare my tax return. If that's the case then let the lawyer handle the paperwork, and your husband only needs to sign the I-864.

[evoamac 0]

You can refile I-485 no problem there. but you will have to pay all the fees again. as for self-petition, from what I have read, it is usually used for one's spouse is abusive, (physically usually). but not trying to say anything about your relationship with your husband. but for this AOS to be successful, first thing first, you will need to have a talk with your USC husband to find out exactly what is he up to. cuz he would want you to get your GC in order to stay here with him. GOOD LUCK.