I-485 denied! Need help!

[JFH 12,190]

Too bad you didn’t follow the advice given by @pushbrk in December 2018

 

 

[JFH 12,190]

24 minutes ago, East Meets West said:

Option 1:

You mentioned "Approved I-130 is my spouse"

Are you married to a USC?

If yes, then your spouse can file for your ROC (I-751).

 

Option 2:

However, you may file Form I-751 without your spouse if:
1. You entered the marriage in good faith, but your spouse subsequently died;
2. You entered the marriage in good faith, but the marriage was later terminated due to divorce or annulment;
3. You entered the marriage in good faith, but you have been battered or subject to extreme cruelty by your petitioning
spouse; or
4. Your conditional resident parent entered the marriage in good faith, but you have been battered or subject to extreme
cruelty by your parent’s U.S. citizen or lawful permanent resident spouse or by your conditional resident parent; or
5. The termination of your status and removal from the United States would result in extreme hardship.

 

Also, the above information is from Form I-751's instructions on the USCIS website, you may file on your own if your parents doesn't want to apply for you. I don't know what documents you would need. Talk to your lawyer about it. 

 

Good Luck!

OP arrived as a CR-2 but has since married a USC. I think because of the falling out with the parents, the OP believed they could “switch paths” and cut the parents out of the picture and have his/her residency based on the marriage. 

[Villanelle 4,122]

24 minutes ago, East Meets West said:

Option 1:

You mentioned "Approved I-130 is my spouse"

Are you married to a USC?

If yes, then your spouse can file for your ROC (I-751).

 

\

Her spouse can not file for her ROC.

 

The options here are either file late ROC with the parents (but it was said this is not going to be possible) OR file late ROC w/o the parent using the abuse waiver (may be an option but I am assuming since attnys were consulted she probably doesnt have enough proof of abuse for this) OR file ROC w/o parents using hardship waiver (extremely hard to qualify for so probably not an option) OR file a new AOS (485) based on marriage.

 

To file a new 485 your previous status must be terminated. I understand you keep saying my card expired in 2019 - but it seems you are not understanding the card is just a piece of plastic that you use as proof of status. Your status is intangible- its not a physical thing. When someone fails to file for ROC USCIS will revoke their status but its not automatic. Eventually the computer system will pick up on the fact that you didnt file for ROC and it will be sent over to a Judge who will officially review that you didnt file ROC and remove your status as a permanent resident. Based on your denial letter this has not happened yet. It may happen soon or it may not. You dont have to wait for it to happen though- you can surrender the GC yourself. Then yes, you will have no status until you get the NOA from the 485 with your spouse and then you would be in a period of auth stay. 

 

Also you didnt really answer how you entered the US- was it as a K derivative or a CR? 

 

[geowrian 22,337]

1 hour ago, East Meets West said:

Option 1:

You mentioned "Approved I-130 is my spouse"

Are you married to a USC?

If yes, then your spouse can file for your ROC (I-751).

Not in this case. The conditional status was not due to anything with the spouse.

[trio 1]

1 hour ago, Villanelle said:

Her spouse can not file for her ROC.

 

The options here are either file late ROC with the parents (but it was said this is not going to be possible) OR file late ROC w/o the parent using the abuse waiver (may be an option but I am assuming since attnys were consulted she probably doesnt have enough proof of abuse for this) OR file ROC w/o parents using hardship waiver (extremely hard to qualify for so probably not an option) OR file a new AOS (485) based on marriage.

 

To file a new 485 your previous status must be terminated. I understand you keep saying my card expired in 2019 - but it seems you are not understanding the card is just a piece of plastic that you use as proof of status. Your status is intangible- its not a physical thing. When someone fails to file for ROC USCIS will revoke their status but its not automatic. Eventually the computer system will pick up on the fact that you didnt file for ROC and it will be sent over to a Judge who will officially review that you didnt file ROC and remove your status as a permanent resident. Based on your denial letter this has not happened yet. It may happen soon or it may not. You dont have to wait for it to happen though- you can surrender the GC yourself. Then yes, you will have no status until you get the NOA from the 485 with your spouse and then you would be in a period of auth stay. 

 

Also you didnt really answer how you entered the US- was it as a K derivative or a CR? 

 

Thank you. I entered the US Cr2

[trio 1]

Just now, trio said:

 

1 hour ago, Villanelle said:

Her spouse can not file for her ROC.

 

The options here are either file late ROC with the parents (but it was said this is not going to be possible) OR file late ROC w/o the parent using the abuse waiver (may be an option but I am assuming since attnys were consulted she probably doesnt have enough proof of abuse for this) OR file ROC w/o parents using hardship waiver (extremely hard to qualify for so probably not an option) OR file a new AOS (485) based on marriage.

 

To file a new 485 your previous status must be terminated. I understand you keep saying my card expired in 2019 - but it seems you are not understanding the card is just a piece of plastic that you use as proof of status. Your status is intangible- its not a physical thing. When someone fails to file for ROC USCIS will revoke their status but its not automatic. Eventually the computer system will pick up on the fact that you didnt file for ROC and it will be sent over to a Judge who will officially review that you didnt file ROC and remove your status as a permanent resident. Based on your denial letter this has not happened yet. It may happen soon or it may not. You dont have to wait for it to happen though- you can surrender the GC yourself. Then yes, you will have no status until you get the NOA from the 485 with your spouse and then you would be in a period of auth stay. 

 

Also you didnt really answer how you entered the US- was it as a K derivative or a CR? 

 

So how does the surrendering GC work? Im so sorry I really don't know what to at this point. I really appreciate all your help.