My I-485 was denied without interview

[aaron2020 11,651]

11 minutes ago, fikky said:

I came here with a visiting visa and over stayed it before getting married 

There is nothing you can do to make yourself legal.

 

The petition by your stepmother is worthless since you can not adjust status and you will have a 10 years ban if you leave the US.

You had a legal way through your stepmother to immigrate to the US and you blew it by jumping the queue by using your visitor visa to illegally immigrate to the US.  This is the unfortunate consequences of your choice.  

[fikky 0]

Okay, after divorcing if I’m issued notice to leave US and I did not but later got married to a USC and file another application won’t my refusal to leave affect the petition?

[aaron2020 11,651]

11 minutes ago, fikky said:

Okay, after divorcing if I’m issued notice to leave US and I did not but later got married to a USC and file another application won’t my refusal to leave affect the petition?

No one is going to help you figure out how to stay here illegally.  

[Boiler 44,943]

Hi, I came into US 3 years ago and got married to a US citizen last year November and my wife filed in I-130 and I-485 a month after our marriage. She got pregnant last year December and I thought she was carrying my baby but i found out another man was responsible for the pregnancy in June. We tried to make the marriage work despite what happened so I stayed in the marriage but everything wasn’t going on fine. In May we received a RFIE letter on I-485 requesting for more information on affidavit of support which we mailed to them. My wife makes less then $15k a year so my dad also stand as a sponsor. She gave birth last month and since then I have been considering a divorce because I couldn’t bear it. Last week we got another RFIE letter from USCIS on I-130 asking for more evidence of bonafide marriage. My we were trying to get the documents together my I-485 was denied. Now I intend to divorce her because she has someone else’s child while we were married and more so she now started acting up and I can not live with that most especially I can not take care of another man’s child. I know if I divorce her, the I-130 too will be dead but my question is will that affect me later on when I remarry and put in another petition in the future.

 

For anyone else who could not read the original post.

 

Will it effect you, well possibly, I would have thought it reasonable to assume the topic will come up. You would have to find a USC to marry, or have you dealt with that?

[inneedofmyhb 217]

4 hours ago, fikky said:

I came here with a visiting visa and over stayed it before getting married 

Then...doesn’t look like much can be done. 

[SusieQQQ 11,586]

1 hour ago, fikky said:

Okay, after divorcing if I’m issued notice to leave US and I did not but later got married to a USC and file another application won’t my refusal to leave affect the petition?

You seem to have the very mistaken idea that marrying a USC solves all illegal immigration activity. It doesn’t. If you do a google search you’ll see that ICE has been turning up at AOS interviews to detain and deport spouses with a deportation order against them.

[HRQX 4,145]

5 hours ago, fikky said:

I came here with a visiting visa and over stayed it before getting married 

Can you tally up the amount of unlawful presence? While the I-485 was pending you had authorized stay, so don't add it to your tally: https://fam.state.gov/FAM/09FAM/09FAM030211.html "DHS has interpreted "period of stay authorized by the Secretary of Homeland Security," as used in this context, to include:" "For aliens who have properly filed an application for adjustment of status to that of a lawful permanent resident (LPR), the entire period of the pendency of the application, even if the application is subsequently denied or abandoned, provided the alien (unless seeking to adjust status under NACARA or HRIFA) did not file for adjustment "defensively" (i.e., after deportation proceedings had already been initiated)" Then see if you'll be subject to a bar after departing the US: https://www.americanimmigrationcouncil.org/research/three-and-ten-year-bars

[aaron2020 11,651]

4 minutes ago, HRQX said:

Can you tally up the amount of unlawful presence? While the I-485 was pending you had authorized stay, so don't add it to your tally: https://fam.state.gov/FAM/09FAM/09FAM030211.html "DHS has interpreted "period of stay authorized by the Secretary of Homeland Security," as used in this context, to include:" "For aliens who have properly filed an application for adjustment of status to that of a lawful permanent resident (LPR), the entire period of the pendency of the application, even if the application is subsequently denied or abandoned, provided the alien (unless seeking to adjust status under NACARA or HRIFA) did not file for adjustment "defensively" (i.e., after deportation proceedings had already been initiated)" Then see if you'll be subject to a bar after departing the US: https://www.americanimmigrationcouncil.org/research/three-and-ten-year-bars

OP has been here for 3 years and has been married for less than one year.  Even with authorized stays (I-94 and AOS), it's still over a year of being out of status.  

[HRQX 4,145]

1 minute ago, aaron2020 said:

OP has been here for 3 years and has been married for less than one year.  Even with authorized stays (I-94 and AOS), it's still over a year of being out of status.  

The initial post was an eyesore, so I didn't read it, lol

[designguy 1,179]

You seem extremely desperate to stay in the US. Marrying someone for the purposes of remaining in the US would be frau

[Sellamalola 222]

7 hours ago, fikky said:

Is there anything I can do without going back to my country because if I do I will not be allowed entry into US again and changing status becomes even more difficult even if I get married again to a US while im back to my country 

When your i130 gets approved from your parent’s petition, you will need a waiver for your overstay to be able to go to the embassy in your home country and come back with your immigrant visa without the bar. Regarding your original question as of September 2018, it is at USCIS discretion to deny your aos application if you don’t submit the information correctly but seemingly they sent rfe several times and you didn’t respond in time but honestly staying in that type marriage is kinda fishy. If you had an i130 filed, you should have just waited out your turn in line and not overstay your visa cause if anything happens now you can really be deported and that will bar you from ever coming to the US. Consult with an experienced immigration lawyer to see if you can just request the waiver and go back home and wait your turn. Also it doesn’t do you any favors to say things like “when i remarry” because it looks like if you’re just want in for a GC. Good luck friend 👍🏽🍀

[designguy 1,179]

9 minutes ago, Mellamanlola said:

immigration lawyer to see if you can just request the waiver and go back home and wait your turn.

Not sure what hardship the US petitioner would be facing to be eligible for a waive. It all just seems like a ploy to stay in the US at any cost. OP has no legal way to stay in the US and once they leave they won't be back for at least 10 years. Even marrying a USC at this point will look overwhelmingly like fraud. First petition from step mother, then adjustment of status from a tourist visa to USC, soon after divorce, then wants to quickly find another USC spouse. Yikes

Edited October 21, 2019 by designguy

[Sellamalola 222]

2 minutes ago, designguy said:

Not sure what hardship the US petitioner would be facing to be eligible for a waive. It all just seems like a ploy to stay in the US at any cost. OP has no legal way to stay in the US and once they leave they won't be back for at least 10 years. Even marrying a USC at this point will look overwhelmingly like fraud. First petition from step mother, then adjustment of status from a tourist visa to USC, soon after divorce, then wants to quickly find another USC spouse. Yikes

Exactly what I meant but I didn’t wanna hurt his feels by being so blunt 👀 😅 

[Cyberfx1024 7,980]

9 minutes ago, Mellamanlola said:

Exactly what I meant but I didn’t wanna hurt his feels by being so blunt 👀 😅 

Unfortunately that is what it takes to get through to people sometimes.

[theresaL 408]

5 minutes ago, Cyberfx1024 said:

Unfortunately that is what it takes to get through to people sometimes.

And even then it doesn't work all the time.