i130/i485 denied. Need help and advice!

[LittlebyLittle 16]

4 hours ago, African Zealot said:

Your hope now relies on the asylum filing. Apparently USCIS are convinced your marriage either wasn’t bonafide or your husband pulled the 130 or 864 so adjusting by marriage is dead in the water.

 

You may now have a VAWA opportunity however note that trying to adjust by many routes sometimes casts the applicant in a negative hue of desperado who will do anything to stay legal.

 

A competent immigration attorney is would be well worth it. As someone already explained the letter asking you to leave is automatic and didn’t take note of your pending asylum application.

You are right, my husband withdrew the petition. I would not be able to continue living in the abusive marriage anyway, it is absolutely unacceptable what he was doing to me and to my daughter. 

[Imperium 81]

OP last entered US on or about Oct 2018. In the Nov of 2019, the OP got married to her USC husband, however, it is unclear at what point the USC filled form I-130. Since we know from OP's statements that at the time of marriage, OP and her child were present in the US unlawfully. OP then claims that she filed an application for asylum on May 2020 (17 months after her admission into the US). Her application, as she claims, is currently pending with USCIS Asylum office.

 

OP is still married to her USC spouse, but OP states that her immigration petition has now been denied. 

 

Two markers are important,

1- When did her USC Spouse submit an I-130?

2- What transpired OP to file an asylum application, especially when an I-130 was pending and after 17 months of her admission into the US, and what was she waiting for all these 17 months since her arrival into the US?

 

I have gone through EOIR/BIA etc and it appears OP will not qualify for asylum if USCIS AD denies her case and places her in removal proceedings unless she can establish by clear and convincing evidence changed-country conditions in her native Russia. She may still be qualified for Withholding of Removal under Section 241(b)3, however, the burden of proof to qualify for WTR is much higher than asylum. Since OP is not subject to expedited removal, given the current EOIR backlog, OP will have more than a year for EOIR to calendar her for Master Hearing.

 

There remain many questions but one particularly is; why has not the USCIS interviewed OP for her asylum application especially since the application was submitted 19 months ago?

Did OP contact USCIS Asylum Office regarding her case?

 

[LittlebyLittle 16]

2 minutes ago, Imperium said:

OP last entered US on or about Oct 2018. In the Nov of 2019, the OP got married to her USC husband, however, it is unclear at what point the USC filled form I-130. Since we know from OP's statements that at the time of marriage, OP and her child were present in the US unlawfully. OP then claims that she filed an application for asylum on May 2020 (17 months after her admission into the US). Her application, as she claims, is currently pending with USCIS Asylum office.

 

OP is still married to her USC spouse, but OP states that her immigration petition has now been denied. 

 

Two markers are important,

1- When did her USC Spouse submit an I-130?

2- What transpired OP to file an asylum application, especially when an I-130 was pending and after 17 months of her admission into the US, and what was she waiting for all these 17 months since her arrival into the US?

 

I have gone through EOIR/BIA etc and it appears OP will not qualify for asylum if USCIS AD denies her case and places her in removal proceedings unless she can establish by clear and convincing evidence changed-country conditions in her native Russia. She may still be qualified for Withholding of Removal under Section 241(b)3, however, the burden of proof to qualify for WTR is much higher than asylum. Since OP is not subject to expedited removal, given the current EOIR backlog, OP will have more than a year for EOIR to calendar her for Master Hearing.

 

There remain many questions but one particularly is; why has not the USCIS interviewed OP for her asylum application especially since the application was submitted 19 months ago?

Did OP contact USCIS Asylum Office regarding her case?

 

I made a typo in a year for asylum submission, it is May 2019, not 2020. Sorry for the confusion. Now there is a huge backlog, and even 2017 applicants are still pending, with no interview scheduled.

[Crazy Cat 41,874]

I gather this is the general timeline:

Entered the US via a B2 from Russia Oct 2018- Overstay?

Plan/Route A= Asylum from Russia- Applied May 2019- Pending

Plan/Route B= Marriage to US Citizen Married November 2019- I-30 & I-485 filed, then denied

Plan/Route C= VAWA- Not yet filed

 

 

 

 

 

Edited December 26, 2021 by Crazy Cat

[LittlebyLittle 16]

2 minutes ago, Crazy Cat said:

I gather this is the general timeline:

Entered the US via a B2 from Russia Oct 2018- Overstay?

Plan/Route A= Asylum from Russia- Applied May 2019- Pending

Plan/Route B= Marriage to US Citizen Married November 2019- I-30 & I-485 filed, then denied

Plan/Route C= VAWA- Not yet filed

 

 

 

 

 

you are right. I am planning to apply for VAWA. This was designed to help people who experienced abusive relationships. Am I correct?

[Crazy Cat 41,874]

1 minute ago, LittlebyLittle said:

you are right. I am planning to apply for VAWA. This was designed to help people who experienced abusive relationships. Am I correct?

Of course.  I was just verifying the timeline.

It seems you have a very good VAWA case.

[SalishSea 17,829]

1 hour ago, Crazy Cat said:

I gather this is the general timeline:

Entered the US via a B2 from Russia Oct 2018- Overstay?

Plan/Route A= Asylum from Russia- Applied May 2019- Pending

Plan/Route B= Marriage to US Citizen Married November 2019- I-30 & I-485 filed, then denied

Plan/Route C= VAWA- Not yet filed

 

 

 

 

 

Seems like the plan was always to find a way to remain in the US, at any cost.....

[Rocio0010 5,579]

14 hours ago, arken said:

OP has already mentioned such details. 

OP never explained why he was called for an interview.

[Rocio0010 5,579]

To OP:

first of all, protect yourself and your child.  If you still live together, move out if you can. If you don’t have financial resources, reach to a women’s shelter. They should be able to help. 
I know I might come off as rude, but please don’t take it wrong. Somehow in your story it is perceived as if you want to stay by any means. No, I’m not saying that you are lying with the abuse! However, overstaying a B2, filing for asylum, then AOS denied and then VAWA can be perceived as “wanting to stay at any cost”. USCIS believed the relationship was not genuine, otherwise why would they have called your ex husband to the interview?

[LittlebyLittle 16]

10 minutes ago, ra0010 said:

OP never explained why he was called for an interview.

My husband has committed domestic violence towards myself. Which lead to him being persecuted by criminal court and issuing  a full stay away order of protection. I am deadly afraid of him. With that said, I am not involving myself in any activities with him.  

[Rocio0010 5,579]

1 minute ago, LittlebyLittle said:

My husband has committed domestic violence towards myself. Which lead to him being persecuted by criminal court and issuing  a full stay away order of protection. I am deadly afraid of him. With that said, I am not involving myself in any activities with him.  

Oh ok, thank you for that clarification. Then if you are able to document everything, I would start preparing to file for VAWA. 
Another thing I would do is to make sure what transpired after that interview, because you want to be ready to counteract any claims he might have made of you. So if you do not feel safe contacting him, you can request FOIA to see what’s on your records. I think having that information will be crucial in case USCIS denied your application based l on fraudulent marriage.

[LittlebyLittle 16]

18 minutes ago, ra0010 said:

Oh ok, thank you for that clarification. Then if you are able to document everything, I would start preparing to file for VAWA. 
Another thing I would do is to make sure what transpired after that interview, because you want to be ready to counteract any claims he might have made of you. So if you do not feel safe contacting him, you can request FOIA to see what’s on your records. I think having that information will be crucial in case USCIS denied your application based l on fraudulent marriage.

lawyer informed me that my husband withdrew the petition. I am not sure what exactly he was telling them. But all this time he was threatening and blackmailing me so I could recant the statement from the domestic incident. Because now he might end up in jail. So he is desperate for revenge of course. 

[Rocio0010 5,579]

27 minutes ago, LittlebyLittle said:

lawyer informed me that my husband withdrew the petition. I am not sure what exactly he was telling them. But all this time he was threatening and blackmailing me so I could recant the statement from the domestic incident. Because now he might end up in jail. So he is desperate for revenge of course. 

Ask your lawyer if requesting a FOIA to see what’s in your file would help.

[LittlebyLittle 16]

1 hour ago, ra0010 said:

To OP:

first of all, protect yourself and your child.  If you still live together, move out if you can. If you don’t have financial resources, reach to a women’s shelter. They should be able to help. 
I know I might come off as rude, but please don’t take it wrong. Somehow in your story it is perceived as if you want to stay by any means. No, I’m not saying that you are lying with the abuse! However, overstaying a B2, filing for asylum, then AOS denied and then VAWA can be perceived as “wanting to stay at any cost”. USCIS believed the relationship was not genuine, otherwise why would they have called your ex husband to the interview?

well, yes, thats how it happened. I loved my husband and wanted to live all my life with him. And of course had no idea that it will turn the abusive way.

and yes, I love this country, work hard, pay all the taxes, do nothing wrong. So of course, I want to continue this way of living just without the abuse.

[Crazy Cat 41,874]

4 minutes ago, LittlebyLittle said:

well, yes, thats how it happened. I loved my husband and wanted to live all my life with him. And of course had no idea that it will turn the abusive way.

and yes, I love this country, work hard, pay all the taxes, do nothing wrong. So of course, I want to continue this way of living just without the abuse.

I'm curious.  How did you obtain an Employment Authorization Document?  Through your asylum application or through your I-485?