Questions in I485 form related to Unlawful Presence (question #78)

[bbb06111960 0]

Hello everyone,

 

I am in a special case, so I need your advice.

I was here with tourist visa, and married my ex-wife, then submitted AOS. While waiting for the AOS, my wife divorced me, and withdrew I130 which made the denial of I485.

After a year, I met and married to my current wife. She is USC, so she will file AOS for me.

My question is in the I485 form, question #78, what I should answer. I understand that my presence after the denial of I485 is unlawful, but I have never departed the US. 

 

Thanks in advance for your all advice.

[Mike E 11,739]

 

Since April 1, 1997, have you been unlawfully present in the

United States:

78.a. For more than 180 days but less than a year, and then departed the United States?

The correct answer is no.

 

78.b. For one year or more and then departed the United States?

 

The correct answer is no.

[bbb06111960 0]

7 minutes ago, Mike E said:

 

Since April 1, 1997, have you been unlawfully present in the

United States:

78.a. For more than 180 days but less than a year, and then departed the United States?

The correct answer is no.

 

78.b. For one year or more and then departed the United States?

 

The correct answer is no.

Thanks so much for your answer.

Could you please also advise me with the question # 18, 19? My I485 was denied. Does that mean I was in removal?

[Boiler 45,467]

You would have been told if you were in removal. You were out of status.

 

Have you done a FOIA?

 

Do you have a Lawyer, you can expect to be grilled, this looks very suspicious. You could of course sail through the process but that would be unusual.

 

What would your ex say if they bang on her door?

[Mike E 11,739]

10 minutes ago, bbb06111960 said:

Thanks so much for your answer.

Could you please also advise me with the question # 18, 19? My I485 was denied. Does that mean I was in removal?

 

Are you presently or have you EVER been in removal, exclusion, rescission, or deportation proceedings?

 

Have you EVER been issued a final order of exclusion, deportation, or removal?

 

Check https://acis.eoir.justice.gov/en/ 

 

Edited July 3, 2023 by Mike E

[bbb06111960 0]

6 minutes ago, Mike E said:

 

Are you presently or have you EVER been in removal, exclusion, rescission, or deportation proceedings?

 

Have you EVER been issued a final order of exclusion, deportation, or removal?

 

Check https://acis.eoir.justice.gov/en/ 

 

 

Thanks so much for the link you sent. It is very helpful.

I just checked my previous A number with the link you sent. It showed "No case found for this A-Number."

Does that mean I will answer No for questions 18 & 19.

Will I put my old A number to the new I485 form?

 

[Boiler 45,467]

You only have one A number, well more precisely you should on have one A number.

[Mike E 11,739]

4 minutes ago, bbb06111960 said:

 

Thanks so much for the link you sent. It is very helpful.

I just checked my previous A number with the link you sent. It showed "No case found for this A-Number."

Does that mean I will answer No for questions 18 & 19.

I would take a screenshot and answer no.

4 minutes ago, bbb06111960 said:

 

Will I put my old A number to the new I485 form?

 

Yes. You might later be assigned a new A number.

Edited July 3, 2023 by Mike E

[Balakasha 11]

14 minutes ago, Boiler said:

You would have been told if you were in removal. You were out of status.

 

Have you done a FOIA?

 

Do you have a Lawyer, you can expect to be grilled, this looks very suspicious. You could of course sail through the process but that would be unusual.

 

What would your ex say if they bang on her door?

 

Sorry, I did not get it. What do you mean when saying this looks very suspicious?

[Boiler 45,467]

1 minute ago, Balakasha said:

 

Sorry, I did not get it. What do you mean when saying this looks very suspicious?

On this site we often use the term red flags, you have quite a few.

 

Married on a Tourist visa, then filed to adjust.

 

Divorced

 

Quickly married again and filed to adjust.

 

Not every case is DIY

 

[SalishSea 17,818]

12 hours ago, Balakasha said:

 

Sorry, I did not get it. What do you mean when saying this looks very suspicious?

Think about it.

[Family 3,988]

14 hours ago, bbb06111960 said:

I was here with tourist visa, and married my ex-wife, then submitted AOS. While waiting for the AOS, my wife divorced me, and withdrew I130 which made the denial of I485.

After a year, I met and married to my current wife. She is USC, so she will file AOS for me.

Assuming here Wife #1 “ withdrew “ I-130 by writing a letter to USCIS…did you ever see/read what she told the..? 
Some Ex-es are angry /hurt/vengeful and claim :Fraud Man Only Married me for Green Card..

[Balakasha 11]

5 hours ago, Family said:

Assuming here Wife #1 “ withdrew “ I-130 by writing a letter to USCIS…did you ever see/read what she told the..? 
Some Ex-es are angry /hurt/vengeful and claim :Fraud Man Only Married me for Green Card..

She just sent the letter saying that she wanted to withdraw the I130, didn't mention any reason. Then I received the letter of denial for I485. 

 

[Family 3,988]

Sounds good. Go ahead and file Adj packet w current wife. Send in ( or upload good /plenty joint life evidence of current marriage at filing.

Gather as much proof of living together w first wife and carry it w you at interview, in case Officer asks a few questions about it. ( do not file these ..just back up to show first marriage was real).

 

Any other significant details..?? Example; do u have children? What country are you from ?