I 485 and I 130 denied; help please!

[Frannie85 0]

No drugs, no type of record, clean cut, English speaking. I immigrated to the Netherlands from Afghanistan as a child. Not religious, you can tell that from my appearance and lifestyle. My wife is just a few years younger than me, I'm in my late 20s. I think we make a good couple, lol.

I don't know why we didnt pass the first interview, we had all the evidence and tons of pictures. The only thing I can think of is that her family did not attend the wedding because they didnt approve and instead of telling the interviewer that, my wife said "they were at work." Other than that it seemed to go well.

We share a home, bills, taxes. I only wish they would have inspected my home. You're right about bad memory or maybe it's just anxiety, I don't know. I did feel like we knew what matters.

[Harpa Timsah 13,258]

Your wife made a grave mistake in lying to the officers and saying that her family was 'at work' when really they were boycotting the wedding. Boycotting can be explained, but simply being at work makes no sense and makes it seem like the wedding was not a big deal (ie a sham and not a major life event).

You have kids in the netherlands? How old are they? Have you been married before? And your wife has been married before?

I wish you'd have come here for advice after the first failed interview.

This is beyond DIY now, though. I would seek the counsel of an attorney.

For the I-130, though, there should be an option to rebut the findings and appeal. Your wife should be working on that immediately, to at least keep the I-130 alive (or resurrect it) and keep it going so you can seek a spousal visa.

[san diego 407]

To the moderator: I think this topic should be pinned. Recently, there were several topics discussing coming to US and getting married on VWP. People should know what type of risks they have. OP, no offence, I wish you all the best and hope everything will work out. However, this would be a good discussion for other people to see when they are deciding on coming on VWP and trying to adjust status. Best of luck to you!

[Harpa Timsah 13,258]

To the moderator: I think this topic should be pinned. Recently, there were several topics discussing coming to US and getting married on VWP. People should know what type of risks they have. OP, no offence, I wish you all the best and hope everything will work out. However, this would be a good discussion for other people to see when they are deciding on coming on VWP and trying to adjust status. Best of luck to you!

Why? The VWP has nothing to do with it, but for having or being accused of having a sham marriage. That applies to all visas and AOS's.

[san diego 407]

Why? The VWP has nothing to do with it, but for having or being accused of having a sham marriage. That applies to all visas and AOS's.

No, it is NOT. VWP once danied cannot appeal. This is a major risk.

They are also scrutinised more, rightfully so. Even if they were here in US they would not be able to appeal. This is the difference of aadjusting from VWP as compared to any other visa.

Edited August 17, 2013 by san diego

[Frannie85 0]

I do have 2 children with my ex girlfriend, we have an amicable relationship and I do support my kids and spend time with them as well, hence being stuck in the Netherlands. Neither myself or my wife have ever been married. My wife will see a lawyer this week, I'm just unvelievably nervous and I didnt know whether I should get on the first plane back.

[Andrea&Henry 311]

No, it is NOT. VWP once danied cannot appeal. This is a major risk.

They are also scrutinised more, rightfully so. Even if they were here in US they would not be able to appeal. This is the difference of aadjusting from VWP as compared to any other visa.

I agree with u! Lately the "aosing from VWP/tourist visa" topic has become recurrent and this is a way to people know why we should take the right routes. No offense for the OP. I truly sorry for all the things you and your family are going through right now. Maybe a good immigration lawyer may help you. I wish you all the best and hopefully you can reunite with your wife soon

[Andrea&Henry 311]

I do have 2 children with my ex girlfriend, we have an amicable relationship and I do support my kids and spend time with them as well, hence being stuck in the Netherlands. Neither myself or my wife have ever been married. My wife will see a lawyer this week, I'm just unvelievably nervous and I didnt know whether I should get on the first plane back.

from my perspective, taking the first flight to the US is just going to make things worst for you, besides losing your time and money. Not only having a spouse petition and an adjustment of status, the least thing you need now is a deportation. Dont make things more complicated. Im not an expert in immigrations law but you are likely to be deny at the POE. Wait, and try to be patient. Let your wife to talk to this lawyer and let him to give you a path to follow. I know you are anxious and desperate but try to remain calm

[Ryan H 3,818]

I'm just unvelievably nervous and I didnt know whether I should get on the first plane back.

Are you talking about getting on the first plane back to the US? If so, don't bother, by overstaying on the VWP, you have forfeited your privilege to use it. Furthermore, the chances of you receiving a tourist visa are nil. The only path you have now would be a successful spousal visa process and since your case is complicated, it will be necessary to retain an attorney to deal with the complex issues (you previously stated that your wife is going to speak to one).

[san diego 407]

OP, I would agree with Ryan. Do CR1 with attorney. I can recommend one. I wouldn't beat yourself for leaving as Harpa mistakingly said since there is no appeal if you try to adjust from VWP. So you would have to leave anyway. Given all that, unless you overstayed over 6 month (which I am assuming you did not), you will be fine with CR1. Denial of AOS should not impact your CR1 application. I would hire attorney to mitigate any problems that may arise, but unless you overstayed it should not impact your CR1. Just make sure your wife visits you a lot during the application process to show bona fide relationship.

[Frannie85 0]

Well to be honest, I'm not sure which part of my stay is considered "overstay." My VWP had expired a week before I married and filed the AOS paperwork and this was just because of logistics. Court only had opening a week later for marriage ceremony. Anyway it has been more than a year since I filed so did I overstay by a week or does the period of filing count against me as well? In that case my overstay is over one year.

[Darnell 8,478]

IMO, from day 1 of overstay to the day you left the USA.

It would have been different, had you actually remained in the USA and successfully gotten a green card.

Edited August 17, 2013 by Darnell

[Darnell 8,478]

. My wife will see a lawyer this week, I'm just unvelievably nervous and I didnt know whether I should get on the first plane back.

Another path for you would be for your spouse to file a new I-130, chasing after a spousal visa, with an interview at an IV Unit overseas.

[Harpa Timsah 13,258]

The overstay clock stopped when you sent your application in. The AOS pending time was authorized stay. Even though it was denied, the pending time does not retroactively disappear. While in the US, things can be done, like file again, and some appeals are possible (I believe the I-130 can be appealed). Still wasn't so wise to leave, but what's done is done.

I really can't tell if this is a scam case or just two people who didn't take it seriously...

[sparkling 0]

Follow-up question: can USCIS ask about such intimate details? If in my interview they ask about sex, I will opt out of those questions. I do not believe such private matters need to be revealed to qualify my marriage as valid. Do we ever practice intimacy? Yes. More details of our intimate physical habits are private.