I 485 and I 130 denied =(

[joedcruz83 0]

Hello, I have a case where my I-485 and I-130 were denied.

I'm planning on going back to my home country to avoid 'out of status'.

1. My question is if I do decide to go back to my home country, can my wife repetition me?

2. I would like to get an advise on what other options I can have.

3. I also have EAD valid until March 2013 and I am currently working

Thank you

[Hypnos 6,578]

1) It would depend upon why your I-130 and I-485 were initially denied.

2) (i) Appeal; (ii) Re-file; (iii) Leave the country.

3) Your EAD was invalidated as soon as your I-485 was denied, therefore you do not currently have authorisation to work.

Edited November 18, 2012 by Hypnos

[waiting_for_aos 11]

Hello, I have a case where my I-485 and I-130 were denied.

I'm planning on going back to my home country to avoid 'out of status'.

1. My question is if I do decide to go back to my home country, can my wife repetition me?

2. I would like to get an advise on what other options I can have.

3. I also have EAD valid until March 2013 and I am currently working

Thank you

You need to give more details about the case. When was your I485 denied? Was it a marriage based petition? Why was it denied? Is your spouse a US citizen? You can file motion to reconsider the decision within 30 calendar days of denial. You can also reapply for I485. You would not be out of status if you refile for I485. You should consult an experienced immigration attorney ASAP.

Edited November 18, 2012 by waiting_for_aos

[GreenTrain 1]

You can file motion to reconsider the decision within 30 calendar days of denial.

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Just curious, once he files motion to reconsider the decision, he'll be in status? EAD is valid during that?

You can also reapply for I485. You would not be out of status if you refile for I485. You should consult an experienced immigration attorney ASAP.

Will he be in status? Same old EAD will be valid during that?

[joedcruz83 0]

Thank You for the response. I have not received the mail yet but I saw the decision online last night

I am thinking that the reason for denial is lack of evidence that I am living with my wife. Our Apt lease was named under my mother in law and my name was not included on it since they had it before we even got married last year.

My wife is a US citizen. I don't want to be out of status that is why we are reconsidering that I should just go back to my home country.

Can my wife re file the petition and how long it usually take? This is painful decision if I go home but I am really unsure of what to do.

Thank You

[Harpa Timsah 13,258]

Did you get an RFE? Did you have an interview? Your response is still not detailed enough to give you any meaningful advice. Please outline what happened with your case and when.

[Moomin 292]

With AOS denied, you potentially have an overstay depending on the i94 and if it already expired.

The EAD is no longer valid and you're current working without being allowed to.

Both overstay and working without permit is forgiven as the spouse of a US citizen however, don't push it too much. If you're planning on doing the motion to reopen or if you're doing the process from overseas, you will still have to include that information. Don't cause any bumps on your road.

If you came on a tourist visa(B2), you are eligible to file a motion to reopen/appeal the decision. Or you could submit a new application. But hold yer horses - people need to know what caused the denial.

I'm a bit curious to know what evidence you originally sent with your application, if you neglected to respond to letters from USCIS, if you didn't show up to the biometrics appointment or if you failed to show up at the interview, or if you didn't have a medical done. Adjusting from B2 means you will have an interview. If you didn't even get that far, something was missing, or something caused it to be denied. You'll need to know what that was before you take any action.

[joedcruz83 0]

We submitted all the requirements they requested. prior to interview we they requested for more financial support and I asked my sister and for help. I submitted all the additional forms asap.

We had an interview, they separated us since I came her on Tourist visa. My wife was soo nervous that she missed some of the questions.

They also visited our apartment. At that time I was not home since I was visiting my sister since our friends are in town. They interviewed my wife and the the Apt Manager. I was not part of the lease since it's my mother in laws apartment. They went to my sister house and interviewed me suspecting that I lived there. They did not find any evidence. I only have my small bag and my shoes. they took a picture of it. They also spoke with my sister's apt manager and no proof that I lived there.

I started working 2 weeks ago because i received my EAD, my wife and I are on the process of looking for an apartment until I saw status online.

We waited for 1 year, we just had our wedding anniversary last month and this is what we got.

[Moomin 292]

Being seperated is not too common. Having immigration come knocking on your door is uncommon. Both points to USCIS not believing that you have a genuine relationship and that the marriage may be for immigration purposes. You not being home might have contributed to it and the same with your wife and your answers not being matching.

While they do understand newlyweds don't have that much evidence, a year of you waiting must've atleast provided you with something. What did you bring to the interview? Joint bank accounts, written statement from the mom/landlord attesting you are both living there, added to your wife's insurance/title of car. Bills on both of your names, filing taxes jointly? Any comingling going on?

If you can't produce any of that, or that you haven't financially put your lives together, then it's hard to appeal a decision.

We submitted all the requirements they requested. prior to interview we they requested for more financial support and I asked my sister and for help. I submitted all the additional forms asap.

We had an interview, they separated us since I came her on Tourist visa. My wife was soo nervous that she missed some of the questions.

They also visited our apartment. At that time I was not home since I was visiting my sister since our friends are in town. They interviewed my wife and the the Apt Manager. I was not part of the lease since it's my mother in laws apartment. They went to my sister house and interviewed me suspecting that I lived there. They did not find any evidence. I only have my small bag and my shoes. they took a picture of it. They also spoke with my sister's apt manager and no proof that I lived there.

I started working 2 weeks ago because i received my EAD, my wife and I are on the process of looking for an apartment until I saw status online.

We waited for 1 year, we just had our wedding anniversary last month and this is what we got.

[Hypnos 6,578]

If they visited your home then they suspect you of having a fraudulent relationship and / or marrying solely to procure a green card.

It sounds as if the evidence that you submitted did not overcome this suspicion.

You should consult with an AILA-certified immigration attorney at your earliest convenience; I wouldn't even wait for the formal denial letter to do this since right now you are on a timer.

[Penguin_ie 5,997]

I agree with Hypnos, lawyer time. This is about way more than not having a joint lease. Whether you appeal or go home and your wife petitions for a CR-1, you have huge red flags here to overcome.

[jaycali 415]

In essence, here's what they suspect: You entered on a tourist visa, either with the intention to stay in the US, or found out after that you wanted to stay, and married a USC solely for the purpose of immigration. Apparently, the home visits did not convince them that the marriage was real, and your adjustment of status was denied.

Whether you return to the Philippines or re-file, the underlying reason for their denial will not go away - They simply do not believe that your marriage is real. I am not too familiar with how appeals work in the AOS process, so I will not give you any specific advice on that, others will likely chime.

You are currently not authorized to work, and if your I-94 is expired, not authorized to be in the US. If your marriage is real, you should sit down with your wife and gather up any and all evidence you can muster showing your bonafide marriage. I would probably re-file or appeal. If you head back for the Philippines at this point you will not be returning to the US for a long time.

[GlobeHopperMama 95]

Of all your options, leaving the US is the riskiest because once you leave, there is no guarantee you will be able to come back. This is absolutely NOT a go-it-yourself project anymore. You need to talk to a lawyer right away, one who specializes in difficult cases, preferably. Before you leave the US and screw up any options to come back, you need to make sure that's the best choice. Also, getting that denial notice will be very important. If marriage fraud is alleged, you won't be eligible for any more visas, immigrant or non-immigrant. But if marriage fraud is alleged and you believe you have evidence to refute that allegation, you need to fight it out from inside the US, almost certainly. There are three lawyers linked in my signature who I have personally worked with and who know how to handle difficult cases. I suggest consulting one or all of them. Lizz and Laura offer free consults, while Laurel is pricier but has tons of experience. Good luck!

[bigdog 376]

If they visited your home then they suspect you of having a fraudulent relationship and / or marrying solely to procure a green card.

It sounds as if the evidence that you submitted did not overcome this suspicion.

You should consult with an AILA-certified immigration attorney at your earliest convenience; I wouldn't even wait for the formal denial letter to do this since right now you are on a timer.

Yes get on top of this.

[Sandra G. 5,075]

Find a lawyer or a pro bono lawyer if you can't afford one, and as soon you get the denial of application your lawyer can file a motion to reconsider or to reopen. Application for adjustment of status is not subject to appeal. Keep in mind the motion is not used to send the same documents you sent it before, but you must provide "new evidences". Your lawyer will file the motion with the same USCIS service center that denied your case.

Get an affidavit from your mom stating you live there and mention if you are paying some bills or not. Get a letter from your sister's landlord stating you do not live there. Get some affidavit from neighborhoods stating you live with your wife etc...Good luck

Edited November 19, 2012 by sandranj