I-485 notice of intent to decline

[Fay2024 1]

Hi everyone,

 

I received this notice of intent to decline letter.  I thought it was an actual denial letter, so I panicked and responded to them quickly. 

 

However, I messed up, I initially thought they were asking me to resend my marriage certificate ONLY, which is what I did. I did not send anything else besides marriage certificate.

 

yesterday I was reading this letter again to myself and I realized I don’t understand what they actually want from me besides the marriage certificate and I feel like I did not send enough evidence and I think they are going to deny me. 
 

I am so worried and so upset at what could come, especially being deported as I love my husband and want to stay with him.
 

Is there anybody that can maybe help me understand this letter, I would highly appreciate it. Thank you for taking the time to read this❤️

[powerpuff 6,528]

Did you marry within the 90 days given after entry on a K1 visa?

 

Did you include a copy of your marriage certificate with your original application?

 

From the letter, it looks to me they want to see a marriage certificate. I hope you didn’t send the original one and sent a certified copy as they will not return it back to you. 
 

26 minutes ago, Fay2024 said:

I am so worried and so upset at what could come, especially being deported as I love my husband and want to stay with him.

You won’t be deported. Worst case scenario is that you just refile a proper I-485 again. 

[Fay2024 1]

38 minutes ago, powerpuff said:

Did you marry within the 90 days given after entry on a K1 visa?

 

Did you include a copy of your marriage certificate with your original application?

 

From the letter, it looks to me they want to see a marriage certificate. I hope you didn’t send the original one and sent a certified copy as they will not return it back to you. 
 

You won’t be deported. Worst case scenario is that you just refile a proper I-485 again. 

But u know the bit where it says “in addition” on the second page i did not understand that. Maybe they wanted more than a marriage certificate alone, which is what I sent in to them. 

[powerpuff 6,528]

Hold on. Did you not marry the petitioner that petitioned you for the K1 visa? You married someone else? 

[Fay2024 1]

16 minutes ago, powerpuff said:

Hold on. Did you not marry the petitioner that petitioned you for the K1 visa? You married someone else? 

No, I only married the petitioner and still married to him

[powerpuff 6,528]

Ok, thanks for clarifying .You didn’t answer my previous two questions so I can’t offer anymore advice than to send a certified copy of a marriage certificate as a response.  

Edited June 22 by powerpuff

[Fay2024 1]

30 minutes ago, powerpuff said:

Ok, thanks for clarifying .You didn’t answer my previous two questions so I can’t offer anymore advice than to send a certified copy of a marriage certificate as a response.  

Sorry can you ask again?

[Fay2024 1]

54 minutes ago, powerpuff said:

Hold on. Did you not marry the petitioner that petitioned you for the K1 visa? You married someone else? 

I did marry the petitioner that petitioned for me for the k1 visa and no i did not marry someone else

[powerpuff 6,528]

5 minutes ago, Fay2024 said:

Sorry can you ask again?

 

2 hours ago, powerpuff said:

Did you marry within the 90 days given after entry on a K1 visa?

 

Did you include a copy of your marriage certificate with your original application?

 

[Fay2024 1]

31 minutes ago, powerpuff said:

 

Yes to both questions i did marry in time and sent off the certificate. And i resent the marriage certificate by itself with this letter of intent to deny because i thought that they only needed my marriage certificate 

[SalishSea 17,639]

Did you send an actual legal certified copy of marriage certificate, or did you send the commemorative one sometimes given out by wedding venues or officiants?

[Fay2024 1]

23 hours ago, SalishSea said:

Did you send an actual legal certified copy of marriage certificate, or did you send the commemorative one sometimes given out by wedding venues or officiants?

Yes I did

[hmwtx 9]

On 6/22/2024 at 11:11 AM, Fay2024 said:

But u know the bit where it says “in addition” on the second page i did not understand that. Maybe they wanted more than a marriage certificate alone, which is what I sent in to them. 

 

In American standard English, this "in addition" indicates that they have listed more than one reason they intend to deny the application.  Number one was, they did not have your marriage certificate indicating that you married the correct person in the correct timeframe.  [You have solved that, since you have sent them your marriage certificate, hopefully in certified form.]  Number two, they point out that your i-485 application is based on marriage to a person who filed the i-130 petition for you.  Assuming that it was your husband who filed the i-130, then this second issue goes away once the first issue is resolved.  It seems they really just wanted to see the marriage certificate. Really there is no other legal/administrative way to prove a date of marriage other than a signed marriage certificate that has been filed with the county where you got married.

[ScarletWitch6x 56]

On 7/25/2024 at 8:36 PM, hmwtx said:

 

In American standard English, this "in addition" indicates that they have listed more than one reason they intend to deny the application.  Number one was, they did not have your marriage certificate indicating that you married the correct person in the correct timeframe.  [You have solved that, since you have sent them your marriage certificate, hopefully in certified form.]  Number two, they point out that your i-485 application is based on marriage to a person who filed the i-130 petition for you.  Assuming that it was your husband who filed the i-130, then this second issue goes away once the first issue is resolved.  It seems they really just wanted to see the marriage certificate. Really there is no other legal/administrative way to prove a date of marriage other than a signed marriage certificate that has been filed with the county where you got married.

They came over on a K1. K1 visa holders do not submit the I-130 with the AOS package, only proof of the approved I-129f.

 

Potentially OP's spouse filed the I-130 in error and confused USCIS as they mention the 'new' petition. In that case, they would need to send the proper documentation for K1 AOS with a letter of explanation, potentially about the I-130 being filed in error.

[Fay2024 1]

On 7/27/2024 at 6:54 AM, ScarletWitch6x said:

They came over on a K1. K1 visa holders do not submit the I-130 with the AOS package, only proof of the approved I-129f.

 

Potentially OP's spouse filed the I-130 in error and confused USCIS as they mention the 'new' petition. In that case, they would need to send the proper documentation for K1 AOS with a letter of explanation, potentially about the I-130 being filed in error.

We didnt file a i-130 at all, thats why i am confused