I-485 rejected: Please help

[JCookie 0]

Hello, everyone I am an American Citizen and my wife is from Nepal.We had our adjustment of status interview today. The lady who interviewed us told that she has to deny our application because of my wife's two year home stay however we haven't got any formal letter from USCIS telling us it has been denied. She then told us we will hear back from USCIS in the next 30 days. My wife first came to the US in 2014 under the J 1 Visa. After completion of her J 1 program she went back to her country (Nepal) for 8 months. She has now been in the US as of December of 2015 on a F1 Visa. We got married on May 7, 2016 and filed for the green card. Right now she is out of school and we are scared she will be out of status since we got denied from our interview today (September 12, 2016). There is no way she can get a wavier the two year home stay. We were expecting to receive the work permit and social security so she can start working but that didn't happen. Also under the advanced parole document we thought she could go back to her country to complete rest of 16 months. Right now we are into a lot of problems and I love my wife so much, What are the possible options for us? Please give us credited feed back. Thank you!

[Merrytooth 5,748]

Is it possible for your wife to file the J-1 no objection waiver for the 2 year home residency?

[EM_Vandaveer 2,417]

~ Moved from "AOS from Family Based Visas" to "AOS from Work, Student and Tourist Visas" ~

Organizer hat off:

Your wife was not eligible to file I-485 and it will be denied.

From the instructions of form I-485:

"Who is Not Eligible to Adjust Status?

You are or were a J-1 or J-2 exchange visitor and are subject to the 2-year foreign residence requirement and you have not complied with or been granted a waiver of the requirement"

She needs a waiver or she has to return to her home country for another 16 months.

[Shauneg 762]

It got denied because she didn't hold up her end of the bargain. What's the problem?

[KierenHby 899]

Hello, everyone I am an American Citizen and my wife is from Nepal.We had our adjustment of status interview today. The lady who interviewed us told that she has to deny our application because of my wife's two year home stay however we haven't got any formal letter from USCIS telling us it has been denied. She then told us we will hear back from USCIS in the next 30 days. My wife first came to the US in 2014 under the J 1 Visa. After completion of her J 1 program she went back to her country (Nepal) for 8 months. She has now been in the US as of December of 2015 on a F1 Visa. We got married on May 7, 2016 and filed for the green card. Right now she is out of school and we are scared she will be out of status since we got denied from our interview today (September 12, 2016). There is no way she can get a wavier the two year home stay. We were expecting to receive the work permit and social security so she can start working but that didn't happen. Also under the advanced parole document we thought she could go back to her country to complete rest of 16 months. Right now we are into a lot of problems and I love my wife so much, What are the possible options for us? Please give us credited feed back. Thank you!

You clearly knew about the requirement, you obviously knew she hasn't complied.. and still filed the i485?

[Hypnos 6,578]

As stated, your I-485 was not appovable when you filed it due to your wife not fulfilling the two year HRR. Her application was always going to be denied.

Your options:

• obtain a waiver of the HRR (this might not be applicable in all circumstances. It would depend on the country and how exactly her J-1 program was funded).

or

• she returns to her country of origin until she has accumulated two years of residency there, then she would be eligible for an IR-1 immigrant visa.

[JCookie 0]

Thank You all for reply. We didn't expect it to be rejected because one of my friend went through the same process. She was not given green card because of her 2 year home stay. But she was given work permit and allowed to travel to her country to complete home stay under advance parole documents. However, now my Question is should we wait for immigration department to send the formal document of Denial in order to go back to her country to complete two year home stay? Also we checked our Case Status this morning. I-130 that i filed for my wife has been approved however there is no update on I-485 and I-765. Is it a good thing?

[Merrytooth 5,748]

Thank You all for reply. We didn't expect it to be rejected because one of my friend went through the same process. She was not given green card because of her 2 year home stay. But she was given work permit and allowed to travel to her country to complete home stay under advance parole documents.

Really, are you sure? Did she have the green card interview before she traveled back to her home country to complete her home stay? And how many months of home residency were left?

However, now my Question is should we wait for immigration department to send the formal document of Denial in order to go back to her country to complete two year home stay? Also we checked our Case Status this morning. I-130 that i filed for my wife has been approved however there is no update on I-485 and I-765. Is it a good thing?

I-130 approval does not give your wife any legal status to stay in US. Since her I-1485 will be denied, her Advanced Parole / EAD will become invalid as well.

[JCookie 0]

She had 21 months left. Under advance parole paper she has completed 1 year so far and still 1 year left.

[EM_Vandaveer 2,417]

Your wife needs to return now.

[IcezMan_IcezLady 582]

wasted your money on something you knew you don't qualify for..tsk tsk

[Harpa Timsah 13,258]

Your friend will be denied too. You have to be approvable at the time you file for AOS.

[Ash.1101 1,756]

I don't think you have the info on the friend right?

You're saying that the friend WASN'T given a GC, but was given EAD and AP and "allowed to return to her country to live for two years". It sounds like she just got EAD and AP like anyone else would. You are free to leave the country at any point, it's coming BACK into the country that's an issue. I highly doubt that when your friend/friends wife, what ever it is, tries to come back into the country they will be allowed in.

Advance Parole is only good for a year, so your friend is going to have a bad time trying to come back into the country.


And if you look at your friends case the same as yours... Your wife was given work permit and advance parole and can leave the country to complete her time needed. It's the same thing. She needs to leave and complete her home stay.

[KierenHby 899]

Thank You all for reply. We didn't expect it to be rejected because one of my friend went through the same process. If I had a dollar for every time someone said that. She was not given green card because of her 2 year home stay. But she was given work permit and allowed to travel to her country to complete home stay under advance parole documents. However, now my Question is should we wait for immigration department to send the formal document of Denial in order to go back to her country to complete two year home stay? Also we checked our Case Status this morning. I-130 that i filed for my wife has been approved however there is no update on I-485 and I-765. Is it a good thing?

I130s are usually approved with accompanying evidence. An officer who understands rules would find the i485 and i765 unapprovable.

[Hypnos 6,578]

The I-485 is going to be denied. It's a matter of when, not if. You can either wait for the formal denial, leave now, or withdraw the I-485 yourself. The last option is usually "cleanest", but I'd be surprised if you managed to get it done before USCIS denied it themselves.

An I-485 must be approvable at the time you file it, and yours wasn't.

Are you certain a waiver of the HRR is impossible in your circumstances?

Edited September 13, 2016 by Hypnos