I 485 and I 130 denied; help please!

[ValerieA 350]

If that's the case, would it be unwise to try the visa waiver route? He can at least be here for 3 months.....

Kinda confused about the context...do you mean go back to the US on the VWP? You can't, since you overstayed it once, you won't be allowed to enter the US on it again. You would have to apply for a B-2 (visitor) visa, and I don't think you have much chance of being approved for one at this juncture, they will likely assume you have intent.

[Harpa Timsah 13,258]

If that's the case, would it be unwise to try the visa waiver route? He can at least be here for 3 months.....

It appears the OP is from the foreign husband and now the wife is responding?

In the Original post, the husband said that he overstayed the VWP by a week. Even one day of overstay makes one ineligible to use the VWP any more.

So no, he cannot use the VWP again.

He can try for a B2, but with the I-130 and I-485 denial, chances are extremely slim.

A new I-130 is the only way to be together in the US in the forseeable future, and even that will be an uphill battle with a denied I-130 already.

[Frannie85 0]

So an I 130 and if that doesn't work I have to just have a long distance marriage? Moving there is not an option as I have a son here and his dad would never let me move him to Holland.

Harpa-you're right! I've hijacked this thread from my husband as I'm the one in the states communicating with USCIS.

[ValerieA 350]

I'm sorry, you have gone way beyond my slight knowledge. CR-1 is the only option, and you will have to overcome whatever the issues were in the first place. I suggest a very good immigration lawyer at this point.

[Harpa Timsah 13,258]

Yes, a denied I-130 is a big deal. I would contact a lawyer. There should be a way to rebut the finding on the I-130, but with the lack of appeal on the VWP, it might be more complicated. I am not sure. Either way, responding to a denied I-130 is definitely a time for a lawyer. Good luck.

[Hypnos 6,577]

Something else to consider is that if you do not rebut the issues that caused them to deny the I-130 then they become findings of fact, and any future filings you would be the beneficiary of will be adjudicated from that standpoint.

In short, you really, really need a good lawyer right now, because you usually only have thirty days to appeal once you receive the Notice of Intent to Deny.

[Nina and Erwin 16]

So an I 130 and if that doesn't work I have to just have a long distance marriage? Moving there is not an option as I have a son here and his dad would never let me move him to Holland.

Harpa-you're right! I've hijacked this thread from my husband as I'm the one in the states communicating with USCIS.

Frannie85

My husband is Belgian BUT he was raised in Holland/ Nederlands. We have a interesting story... our original I-130 was sent to Holland ... BUT I will say this the Amsterdam Consulate is NOT put together all that well, and you will have to be very put together and organized to get through this with them.

Also.. because we have such an interesting story... we just had to overcome the fact that I canceled the original I-130 at the Detroit office 2 years ago and I have a very good Lawyer he works all over the country. I will send it to you private.. We can talk if needed.. smile I wish you all the luck.