I-485 denied. why?

[C.mil43 0]

My wife's I-485 was denied. we can't figure out why. this was the 2nd time that they sent her packet back.

My wife is Belgian and we submitted our I-130 petition in Frankfurt embassy when I was serving in the army. A few weeks later they sent us a letter stating that they recieved and approved an I-130 petition from us but the priority date on the letter was blank. Then she got a travel visa to come visit me in the states where we submitted the adjustment of status as well as her employment Visa application.

[Transborderwife 4,666]

So basically you committed visa fraud

[C.mil43 0]

So basically you committed visa fraud

Do you care to elaborate please? I don't understand how you think its Visa Fraud.

[Transborderwife 4,666]

Entering with intention to adjust is immigration fraud. It isn't a sole reason to deny an aos, but still.

[Anh map 2,098]

You submitted a spouse visa petition which was approved and then instead of completing that process abroad you chose to enter on a visitor visa with the intention to adjust status? That could be the reason the adjustment was denied.

Your actions are not following the immigration laws. Spouse should return to home country and continue the process that ends with the visa interview at the US embassy or consulate.

[NikLR 13,232]

~~moved to AOS from W,T&S visas from work visas~~

[C.mil43 0]

You submitted a spouse visa petition which was approved and then instead of completing that process abroad you chose to enter on a visitor visa with the intention to adjust status? That could be the reason the adjustment was denied.

Your actions are not following the immigration laws. Spouse should return to home country and continue the process that ends with the visa interview at the US embassy or consulate.

My wife had no intention of staying. I was stationed in germany at the time and I was coming up on the end of my contract. so we decided to file the I-130 just in case because we weren't sure if I could do contracting work for the military in belgium. we did the I-130 so it would be 1 less thing to do no matter what we decided. my wife visited me in america and she loved it so much that she decided to stay and try for adjustment of status. we visited the immigration office in San Jose and they stated that it was ok for her to be here because her first intention was only to visit me while I was looking for contracting work.

[tsabbas 47]

Hi, I am not knowledgable in this area but your question made me curious. You said you filed directly to the Frankfurt Embassy? I think that's the problem. I looked at the USCIS direct consular filing wiki and it says that those petitions require the petitioner to be residing in the country where the petition was made. So the fact that you are back in the US could be the issue. Hope that helps some.

[tarzan31 27]

http://www.uscis.gov/military call these people http://www.uscis.gov/military/military-help-line

[newacct 688]

It doesn't say why it was denied?

[C.mil43 0]

It doesn't say why it was denied?

no it doesn't it just tell us "based on the info you provided we cannot set a priority date".

[Penguin_ie 5,997]

That is an odd formulation for a letter, and does not sound like you were actually denied.

- What forms exactly did you fill out? Because if you field for AOS, no employment visa is needed.

- What does the online status say?

[belinda63 3,051]

Did you send a copy of the approval letter for the I-130?

[Dohan 133]

call USCIS, then do an infopass. It sounds like you unknowingly skipped steps and are being penalized for it. The I-130 approval is step 1, you then were supposed to file I-485 and she had to wait in her country. It isn't visa fraud, if she told the embassy she had an I-130 approved when she applied for the travel visa. However, since she is from Belgium she gets visa on entry through the ESTA, correct?

As I said before, call USCIS and also do infopass if you want to be able to resolve this without attorney. Once you know the reason for denial, you can appeal and then you will submit all required documents and will probably need affidavits and possibly a 601 waiver. Do let us know how this goes

[KayDeeCee 4,896]

The I-130 approval is step 1, you then were supposed to file I-485 and she had to wait in her country.

You don't file an I-485 to adjust status while outside the US. AOS is filed within the US, not while waiting in a foreign country.

OP> The problem appears to be that you took the DCF route for a spousal visa at the consulate abroad. You may have needed to contact them to let them know things changed and you would not be pursuing the spousal visa because your spouse was in the US and filing for AOS. You needed to send a copy of the I-130 approval notice when filing the I-485 to adjust.

No visa needs to be applied for within the US. What 'employment visa' did you apply for?