USCIS agent Verbally Denied my AOS at Interview

[HRQX 4,145]

14 minutes ago, Lucky Cat said:

This is one case when attorney would been beneficial.  A competent lawyer would have told you that you were ineligible to adjust.

Yup. So far they have wasted:

• fees on I-485 when ineligible
• now have to spend for I-824 fees that was actually easily avoidable if the I-130 was filled out correctly
• time (which IMHO is invaluable) on the futile I-485

 

The only constellation prize is his SSN. With that he is now eligible for stimulus tax credits since he already is a resident alien for tax purposes because of the Substantial Presence test: https://www.irs.gov/individuals/international-taxpayers/substantial-presence-test

Edited February 11, 2021 by HRQX

[Henrison 3]

Thank you for your Help on the fast Replies... as i'm talking with my Wife Right now she's taking the decision to apply for citizenship even with her broken English... so if she becomes a US citizen Within 8 months "hopefully " can i become a Green Card Holder without leaving the Country ?

[NigeriaorBust 4,087]

  There is no telling how long it will take your wife to get citizenship.  Your know your work permit s invalid now that AOS has been denied ?   

[milimelo 4,572]

14 minutes ago, Henrison said:

Thank you for your Help on the fast Replies... as i'm talking with my Wife Right now she's taking the decision to apply for citizenship even with her broken English... so if she becomes a US citizen Within 8 months "hopefully " can i become a Green Card Holder without leaving the Country ?

She’s not going to become a citizen in 8 months. There are thousands of cases currently waiting naturalization and due to COVID and while USCIS wasn’t doing any interviews they just piled up. 
Sounds like wife’s been here for a long time. Why didn’t she learn English by now? Especially staying home with kids. 

[Henrison 3]

Just now, milimelo said:

She’s not going to become a citizen in 8 months. There are thousands of cases currently waiting naturalization and due to COVID and while USCIS wasn’t doing any interviews they just piled up. 
Sounds like wife’s been here for a long time. Why didn’t she learn English by now? Especially staying home with kids. 

she's stopped working since local schools sent students home before that she's been always working, about the English situation she does understand it , she just gets really nervous to reply.

[Timona 4,208]

23 minutes ago, Henrison said:

Thank you for your Help on the fast Replies... as i'm talking with my Wife Right now she's taking the decision to apply for citizenship even with her broken English... so if she becomes a US citizen Within 8 months "hopefully " can i become a Green Card Holder without leaving the Country ?

 

I'll suggest she applies online. Faster to get a receipt that way.

 

What state and town are you in?

[Henrison 3]

1 minute ago, Timona said:

 

I'll suggest she applies online. Faster to get a receipt that way.

 

What state and town are you in?

Charlotte NC .
Apparently naturalizations are getting done fast in here , we have 2 friends that got their citizenship in 6 months ...

[INF 96]

You should absolutely get a lawyer at this point. Top dollar to that lawyer because he is your best chance. Sometimes you can just pay 100 dollars to them to get their opinion! It’s called a consultations. I have found them extremely helpful! 

[Henrison 3]

8 minutes ago, INF said:

You should absolutely get a lawyer at this point. Top dollar to that lawyer because he is your best chance. Sometimes you can just pay 100 dollars to them to get their opinion! It’s called a consultations. I have found them extremely helpful! 

The sadness Part is that I did consult my case/situation with an institution and 2 different lawyers too and all said it was OK to proceed for adjustment of status.

[INF 96]

Just now, Henrison said:

The sadness Part is that I did consult my case/situation with an institution and 2 different lawyers too and all said it was OK to proceed for adjustment of status.

Did you mention that you had overstayed your stay and been working illegally while being married to LPR? Any competent lawyer should have told you point blankly that you do either of those things ONLY if you’re married to US Citizien. 
 

You could have had different results if your wife had done her naturalization first. THEN you adjusted your status. Ah well, you’ll figure something out! Don’t lose hope and find a GOOD lawyer this time.

[Timona 4,208]

43 minutes ago, Henrison said:

Charlotte NC .
Apparently naturalizations are getting done fast in here , we have 2 friends that got their citizenship in 6 months ...

 

Yap. That's a silver lining. I would tell her to file ASAP. NC is fast

[Daisy.Chain 317]

Getting a lawyer won't change anything.

 

You can choose your legal option to go home to your home country and have your wife petition you as the spouse of a permanent resident.

 

[SalishSea 18,218]

26 minutes ago, Henrison said:

The sadness Part is that I did consult my case/situation with an institution and 2 different lawyers too and all said it was OK to proceed for adjustment of status.

Yeah, they wouldn't have said it was OK had they known your entire story.  Being ineligible to adjust based on marriage to a non-citizen with a huge overstay and illegal work is basic immigration law.

[HRQX 4,145]

9 minutes ago, Daisy.Chain said:

and have your wife petition you as the spouse of a permanent resident.

OP already has an approved I-130. He would instead file Form I-824 so that USCIS forwards the already approved I-130 to NVC.

2 hours ago, Henrison said:

first I130 got approved

 

[aaron2020 11,651]

Hi,

 

Sorry about your situation.

 

You need to hire a good competent immigration attorney.  This is so important at this point.  

At this point, you will probably be referred to deportation.  Deportation proceedings will make it much harder for you to adjust even with a USC wife.  This is why you need a really good competent immigration attorney.

Best of luck.