I-485 denied after I-601 submitted, pending (merged)

[D&Dtrust 0]

I'm the USC spouse, approved I-130. While awaiting I-485 decision, my husband went back home without getting advance parole because his sister was dying. She actually died before he got to see her. We expected denial for inadmissibility, and had I-601 already filled out. I went to local field office and explained situation. THEY said to send in I-601 immediately so that, if approved, he could "adjust status abroad." I sent off the I-601 that day and it was received at Phoenix Dropbox the next morning. 9 days later the local field office denied our I-485 for abandonment, without even bothering to deny on inadmissibility. My hubby is now stuck in Ghana. I am older, with many health problems, and am confident an I-601 will eventually be approved.

· Will this I-601 even be decided, or is it wasted?

· Should I try to negotiate with USCIS to reopen because THEY told me to file I-601 and then didn't wait for the decision?

· Will this I-601, if approved, suffice for expected denial of Immigration Visa through consular processing on grounds of inadmissibility, or will I have to submit another one later?

· Will NVC let me start the IV application process while this I-601 is pending?

· Is there even such a process as "adjusting abroad", as the local field office claimed?

[aleful 1,905]

hi

unfortunately they advised you wrong, the case is in the US, and the i601 is used when he goes through consular processing and is denied in his country, after a denial he would have received a letter explaining he qualified for the waiver

the waiver was incorrectly sent too soon and we don't even know if he needed one in the first place. How long was he illegally present in the US? If he wasn't illegally present over 6 months for a 3 year ban, or over a year for the 10 year ban, he didn't even need a waiver. That's why it's up to the consular officer at the interview to decide if he needed a waiver or not.

. I'm not sure if you would need to refile and start all over again with the i130 or if you can transfer the i130 to the NVC

now he will need to have an interview in his country, he never had one to begin with so he can't file the i601

as soon as he left, you could have filed the i824 to transfer the process to the NVC, and file other forms and payments and documents so he could have the interview in his country instead of the US and withdraw the i485 since he was no longer in the US

now you will probably have to start all over again. I don't know if you can salvage the i130 or if you will need to file a new i130 since the case was denied

Edited November 12, 2016 by aleful

[NigeriaorBust 4,087]

The I 485 to adjust status should be denied. The I130 should live on and you need to update it to show that he is in Ghana.

[D&Dtrust 0]

I'm the USC spouse, approved I-130, original applications submitted April 2015. While awaiting I-485 decision, my husband went back home without time to get advance parole because his sister was dying. She actually died before he got to see her. We'd expected denial for inadmissibility for fraudulent entry and illegal presence, and had I-601 already filled out. I went to local field office 10/24/16 and explained situation. THEY said to send in I-601 immediately to Phoenix Dropbox so that, if approved, he could then "adjust status abroad." I sent off the I-601 the same day and it was received the next morning. Only 9 days later the local field office finally denied our I-485 - for abandonment of application, without even bothering to deny on inadmissibility! They simply used the info I had given them at my appointment to deny us! Our application had been sitting in the local field office all that time. My hubby is now stuck in Ghana. I am in my sixties, with many health problems, and am confident an I-601 will eventually be approved.

· Is there even a process called "adjusting abroad" as the local field office claimed?

· Will this I-601 even be decided, or is it wasted?

· If this I-601 is processed and approved, will the I-485 denial be voided, and our AOS approved?

· Should I request USCIS to reopen our case with its OWN SERVICE MOTION, with a "sua sponte motion" since THEY told me how to proceed and then they immediately prematurely denied the I-485 while the I-601 is just started, pending?

· Or should I try to reopen using I-290b, even though it's expensive, with added wait time?

· Or should I give up on USCIS and simply start over and resort to the National Visa Center and consular processing? (NVC has not yet received our I-130 approval and so there is no case there yet.)

· Will this I-601, if processed and approved, be forwarded to NVC and suffice for expected denial of Immigration Visa through consular processing on grounds of inadmissibility, or will I have to submit another one later?

· Should I register a complaint to the Central District Director or higher about local field office - way beyond normal processing times, instructing me to submit hardship waiver then immediately denying AOS, claiming we could "adjust status abroad"?

· Should I start involving my Senator's help?

[canadian_wife 1,822]

So where are you both now?

Who is "THEY" that recommended adjustment abroad? I have never heard of that.

Good luck

[Pinkrlion 2,724]

What are you adjusting from? How did he enter the country?

[EM_Vandaveer 2,408]

Leaving without AP with a pending I-485 means automatic denial for abandonment of the application. Do not try to reopen or appeal it, you'd be just wasting time and money.

Now he needs the I-601 to be approved before he can get an immigrant visa. Even this might not work. Normally one has to be denied for an immigrant visa BEFORE the waiver can be filed. You having filed it without a denial first, it may not help. Also you sent a waiver off in one day? How could you assemble it, write a hardship letter with evidences, etc. in one day?

In any case, most likely you have to go through NVC, your husband has to have an immigrant visa interview. When denied, he'll be told if he can submit a waiver. At that point you'll have to resubmit the waiver and wait for the results.

Fraudulent entry does not sound like something to be easy to waiver.

No such thing as "adjusting abroad".

Edited November 12, 2016 by EM_Vandaveer

[Anitafeliz 1,133]

They have to deny hes no longer here.

You need to apply for a spousal visa then once he is interviewed if hes denied you file for the waiver.

He abandoned the k1 i assume since he left prior to AOS??

I hope i understood you correctly.

[EM_Vandaveer 2,408]

They have to deny hes no longer here.

You need to apply for a spousal visa then once he is interviewed if hes denied you file for the waiver.

He abandoned the k1 i assume since he left prior to AOS??

I hope i understood you correctly.

I doubt K-1 was ever involved. OP mentions fraudulent entry and an approved I-130.

Organizer hat on:

~ Moved from "AOS from Family Based Visas" to "Waivers and AP" ~

Edited November 12, 2016 by EM_Vandaveer

[Anitafeliz 1,133]

I doubt K-1 was ever involved. OP mentions fraudulent entry and an approved I-130.

Organizer hat on:

~ Moved from "AOS from Family Based Visas" to "Waivers and AP" ~

Ok im confused why as a I-130 leaving before AOS i thought I-130 came with aos done? Edited November 12, 2016 by Anitafeliz

[EM_Vandaveer 2,408]

Ok im confused why as a I-130 leaving before AOS i thought I-130 came with aos done?

I-130 can be filed on its own and approved. That seems to be what OP has done. It does not confer any immigration benefits on its own, just certifies that their is a valid relationship for immigration purposes between petitioner and alien relative.

Edited November 12, 2016 by EM_Vandaveer

[Anitafeliz 1,133]

I-130 can be filed on its own and approved. That seems to be what OP has done. It does not confer any immigration benefits on its own, just certifies that their is a relationship for immigration purposes between petitioner and alien relative.

Oh i understand

[EM_Vandaveer 2,408]

~ Please don't start multiple threads on the same issue. ~

[D&Dtrust 0]

My husband is inadmissible for fraudulent entry, but yes, he was inspected. He overstayed longer than a year.

We applied with I-130 and I-485 simultaneously. We expected immediate denial of AOS at our interview, back in July, 2015, so I already had the I-601 fully prepared and ready to hand to the officer. BUT the interview went very well, with the officer saying we'd hear in 90-120 days. Nothing happened. After 1 year, I submitted online"Outside Normal Processing Time" and was told it's in process, outside normal processing time.

My husband's sister had a stroke and there was not time to get advance parole to see her. In fact, she actually did die before my husband got there.

The "THEY" who recommended that I immediately file the I-601 AND who told me they would try to "adjust status abroad" was the Wichita Local Field Office, at my appointment with there on October 24, 2012, twelve days after our I-130 was approved. It was the exact same place who then denied the AOS I-485 nine days later!

I, the USC, am in the USA. My husband is in Ghana.

I'm a newbie, and apologize for my lack of protocol here. Btw, what does "OP" mean?

[EM_Vandaveer 2,408]

My husband is inadmissible for fraudulent entry, but yes, he was inspected. He overstayed longer than a year.

We applied with I-130 and I-485 simultaneously. We expected immediate denial of AOS at our interview, back in July, 2015, so I already had the I-601 fully prepared and ready to hand to the officer. BUT the interview went very well, with the officer saying we'd hear in 90-120 days. Nothing happened. After 1 year, I submitted online"Outside Normal Processing Time" and was told it's in process, outside normal processing time.

My husband's sister had a stroke and there was not time to get advance parole to see her. In fact, she actually did die before my husband got there.

The "THEY" who recommended that I immediately file the I-601 AND who told me they would try to "adjust status abroad" was the Wichita Local Field Office, at my appointment with there on October 24, 2012, twelve days after our I-130 was approved. It was the exact same place who then denied the AOS I-485 nine days later!

I, the USC, am in the USA. My husband is in Ghana.

I'm a newbie, and apologize for my lack of protocol here. Btw, what does "OP" mean?

OP is original poster, you.

I can only repeat that leaving without AP while an I-485 is pending means automatic denial and there is no way to "resurrect" the I-485. "Adjusting abroad" does NOT exist. Whoever told you it did was simply wrong.

Your husband needs his immigrant visa denied before he can file the I-601. Hopefully you have a copy of the package so you can re-submit it.

Edited November 12, 2016 by EM_Vandaveer