i130 approved, i485 denied. I'm simply devestated

[mattaco 0]

Wednesday night I had a popup from lawfully that there had been a change in my wife and step daughters i130 case. When I opened it it only said the i130 was under review (or opened by an agent something like that). When I checked the other cases I saw that the i485's had been denied at the same time.

We were out of town visiting family for Thanksgiving and had a 10 hour drive back on Saturday. I didn't tell my wife because the USCIS portal said the notification for why would come in the mail and I didn't want her stressed while meeting so many people she had never met before.

Last night we saw that on the system the i130 for both of them has been approved.

She found put on the way back, and this morning I realized there is a copy of the denial notice in the documents on the portal.

The denial notice says that when I replied to an RFE in January that I did not include a new copy of the i485 as requested - the RFE was requesting more info for the i864 and this. It claimed that when I sent in my original i485 there were missing pages.

I know I sent it because I could not believe there were missing pages in the i485 -  I went over that thing so many times there's no way the original was missing pages!

But I have no proof that I included it. And how am I to prove if I think they lost it?

We applied for the i130 while in Vietnam in March of 2022, decide to do the AOS while on a trip here to visit when I was offered a job - filed it in October 2022. Got the RFE in December and replied in January.

The only action on the cases otherwise was to get the EAD in July after requesting congressional help to expedite.

Now after a year and a half here, nothing was accomplished. From what I can tell so far we are going to have to refile the AOS, updating all the forms and documents. The other option is for her to go back home and wait for it there, but we have 2 children, our son is dual citizen and our daughter.....I don't know if she could stay here if her mother leaves. 

There is no end to this is there? My wife was just finally able to get a drivers license a couple months ago, I don't even know if she gets to keep that.

 

I know there are other options, the i290 - motion to reopen/reconsider. But all I'm reading is how unless you can prove USCIS made a mistake then there is little chance of it being successful.

If we do resubmit the packet - is there any chance of them approving it sooner since the i130 is approved or are we going to wait another year for anyone to even look at it?

[Boiler 45,486]

You can file new I 485s, and apply for EAD and AP.

[powerpuff 6,697]

So when replying to RFE in January, did you include everything they asked for, including a new copy of the I-485? 

[mattaco 0]

I am sure I did, but I have no proof of it.

[Boiler 45,486]

Tracking number?

[mattaco 0]

39 minutes ago, Boiler said:

You can file new I 485s, and apply for EAD and AP.

I know and I think that's the only way forward

 

Just now, Boiler said:

Tracking number?

Won't show what was in the file, and they did receive all the financial documents. And it's been so long I don't know that I didn't mess up. When we sent the original packet I made a copy of everything, but I didn't do that for the RFE.

I've racked my brain on this and simply have no way to be 100% sure I didn't make a mistake.

 

[Boiler 45,486]

At least you have evidence you sent something.

[OldUser 6,650]

1 hour ago, mattaco said:

The other option is for her to go back home and wait for it there,

I don't believe this is an option.

 

Between October 2022 and now there's over a year of your wife overstaying visit visa. She'll likely have a 10 year bar on entering the US if she leaves now.

[mattaco 0]

5 minutes ago, OldUser said:

I don't believe this is an option.

 

Between October 2022 and now there's over a year of your wife overstaying visit visa. She'll likely have a 10 year bar on entering the US if she leaves now.

 

I'm not sure about that - the denial letter gives her 33 days to leave the country:

"The evidence of record shows that, when you filed your application, you were lawfully present in the United States. Your period of authorized stay has expired. You are not authorized to remain in the United States. If you fail to depart the United States within 33 days of the date of this letter, USCIS may issue you a Notice to Appear and commence removal proceedings against you with the immigration court. This may result in your being removed from the United States and found ineligible for a future visa or other U.S. immigration benefit. See sections 237(a) and 212(a)(9)(B) of
the INA."

 

I would hope that based on this if you leave within the timeframe they have given you then there will be no repercussions. I have read elsewhere about people going back to consular processing - but haven't read in detail because I believe we're going to refile the AOS packet.

[OldUser 6,650]

3 minutes ago, mattaco said:

 

I'm not sure about that - the denial letter gives her 33 days to leave the country:

"The evidence of record shows that, when you filed your application, you were lawfully present in the United States. Your period of authorized stay has expired. You are not authorized to remain in the United States. If you fail to depart the United States within 33 days of the date of this letter, USCIS may issue you a Notice to Appear and commence removal proceedings against you with the immigration court. This may result in your being removed from the United States and found ineligible for a future visa or other U.S. immigration benefit. See sections 237(a) and 212(a)(9)(B) of
the INA."

 

I would hope that based on this if you leave within the timeframe they have given you then there will be no repercussions. I have read elsewhere about people going back to consular processing - but haven't read in detail because I believe we're going to refile the AOS packet.

There will be consequences for leaving the US now. You can consult with an immigration lawyer, but I'm 99% sure this is the case. There will be a 10 year bar.

 

Let me translate this from vague USCIS language... You need to refile I-485 ASAP. Yes, you're wife will be out of status. But it will be forgiven since she's a spouse of a US citizen.

 

I wouldn't advice your wife to travel outside of the US until she has a GC in hand. Even if she gets AP approved.

Edited November 27, 2023 by OldUser

[powerpuff 6,697]

I would stick with staying in the US and refiling. This has happened before (denied I-485 due to technical stuff) and no issues with refiling if that’s what you’re worried about. 
 

She can’t use this EAD anymore as it’s tied to the denied I-485. You have to file all the forms again; include the I-130 approval but I’m not aware that it will expedite the I-485.

 

Switching to Consular processing might muddy the waters. 

 

 

[mattaco 0]

4 minutes ago, OldUser said:

There will be consequences for leaving the US now. You can consult with an immigration lawyer, but I'm 99% sure this is the case. There will be a 10 year bar.

 

Let me translate this from vague USCIS language... You need to refile I-485 ASAP. Yes, you're wife will be out of status. But it will be forgiven since she's a spouse of a US citizen.

 

I wouldn't advice your wife to travel outside of the US until she has a GC in hand. Even if she gets AP approved.

This is such an inhumane process. I've had permanent residence in 2 other countries, other forms of long term visas in a few others. I can't believe I come back here and this is what they system is. 

 

I'm already gathering the documents for  the new i485's, I'm mainly trying to find anything I can do differently to hopefully make the process quicker.

 

I'm looking for an immigration lawyer as well - or an aid group that can help make sure that no mistakes are made this time.

 

 

[Boiler 45,486]

Lawyers make mistakes. NGOs make even bigger ones.

 

Just be methodical, and then double check everything. I have helped friends, explained the whys, the biggest thing I had to get over is not to overthink it.

[igoyougoduke 1,656]

4 hours ago, mattaco said:

I am sure I did, but I have no proof of it.

next time take a photocopy of everything you send or scan all the pages of documents for records 

[SalishSea 17,828]

8 hours ago, mattaco said:

I am sure I did, but I have no proof of it.

Going forward, it is best practice to make a full copy of the entire contents you send.....