Stormi10

Thank you again we have hired an attorney.

Correct, I did volunteer my business and I asked for for advice. I DID NOT anyone's opinion on what we should or should not have done. Ok

Well it's what we did and it was best option for us at the time and frankly not your business why we went that route. Also- my attorney says was denied in error it's a due process issue since he thinks they couldn't have possibly looked at all the evidence submitted or bothered to take into consideration that there were otherwise of verify information like speaking directly to my husband. AND again our case in not unique.

Thank you. I didn't marry after overstaying . I was still in status when we married , I overstayed after we had been married a couple of months.

They are both sometimes we are allowed contact and sometimes we are not allowed contact visits. And yes one was a life sentence and the 2 others were death row one has no contact visits at all.

No it wouldn't be and as I mentioned there are 3 cases like mine where green cards were granted . I did the research and I tracked these people down. This nothing more than discrimination in my opinion.

No I'm working, we filed 2021 I have received my work permit and it was just renewed last month.

I don't I came in on B2 and overstayed

@wazzujoel thank you for your reply and advise . Let me address the points so you can see why this is not nothing more than discrimination. 1. We filed i-130 online , I uploaded a copy of his birth certificate which came straight from the office of vital stastics as his original was burned in a fire years ago . 2. I supplied proof from the prison which shows he is a US citizen too 3. What is the definition of a marriage because "real marriages" where couple sleep in the same bed and all the things you mentioned still get divorced. We have been married for 8 years longer than most " normal marriages" last. 4. We supplied the following information. a. 8 years of in person and video visits . I visit him every week b. 12 years of phone call records supplied by the prison themselves. c. 8 years of correspondence between myself and his attorneys. d. 8 years of correspondence with various prison officials. e. 8 years of putting money on his books and money he sends me to cover bills. f. Arranged a call with prison officials that the USCIS officer could have called to speak directly to my husband. The officer didn't even look at the information regarding the phone call. He said he didn't think they would go interview him at the prison. g. The actual marriage certificate. h. Names of three people who have been in the same situation as me and were granted a green card including the name of one of their attorneys. I personally tracked these people down. 5. I had 2 banker boxes of documents including letters , evidence we had continued to collect. Our marriage certificate, both birth certificates, updated sponsors tax returns. My tax returns he never asked for a thing despite me offering all the documents to view. His words were "it's not necessary " They took almost 3 years to adjuticate my case , the interview was originally waived in September 2022. I don't think they even bothered to look at anything not even their own policy that states the interview of incarcerated individuals can be waived on a case by case basis. They did not take anything into account. @wazzujoel thank you for your reply and advise . Let me address the points so you can see why this is not nothing more than discrimination. 1. We filed i-130 online , I uploaded a copy of his birth certificate which came straight from the office of vital stastics as his original was burned in a fire years ago . 2. I supplied proof from the prison which shows he is a US citizen too 3. What is the definition of a marriage because "real marriages" where couple sleep in the same bed and all the things you mentioned still get divorced. We have been married for 8 years longer than most " normal marriages" last. 4. We supplied the following information. a. 8 years of in person and video visits . I visit him every week b. 12 years of phone call records supplied by the prison themselves. c. 8 years of correspondence between myself and his attorneys. d. 8 years of correspondence with various prison officials. e. 8 years of putting money on his books and money he sends me to cover bills. f. Arranged a call with prison officials that the USCIS officer could have called to speak directly to my husband. The officer didn't even look at the information regarding the phone call. He said he didn't think they would go interview him at the prison. g. The actual marriage certificate. h. Names of three people who have been in the same situation as me and were granted a green card including the name of one of their attorneys. I personally tracked these people down. 5. I had 2 banker boxes of documents including letters , evidence we had continued to collect. Our marriage certificate, both birth certificates, updated sponsors tax returns. My tax returns he never asked for a thing despite me offering all the documents to view. His words were "it's not necessary " They took almost 3 years to adjuticate my case , the interview was originally waived in September 2022. I don't think they even bothered to look at anything not even their own policy that states the interview of incarcerated individuals can be waived on a case by case basis. They did not take anything into account.

Me neither and that what makes me think it's because he is incarcerated.

That's another thing I was wondering which makes me think they didn't bother looking at my file . They would have seen by his birth certificate that he is a born US citizen. The attorney I contacted seemed to think it was denied in error because they are using incarceration and him not being able to attend the interview as an excuse to deny. Plus 12 years of letters and phone calls and visits?? I'd say that is more than enough to see a bonefide relationship.

No we have not. But I would think 12 years of evidence which includes letters and phone records and in person visits would be enough. The officer was not terribly interested he wouldn't even look at the evidence we had collected following our filing in 2021. It took almost 3 years to get an interview. I believe the denial has less to do with "establish a bonefide" relationship and more to do with discrimination being he is incarcerated . We requested a waiver in 2021. I had arranged a phone call with the case worker at the prison so my husband could answer any questions. They didn't care to do that then still say incarceration is not a reason not to attend an interview

Yes ,they sent a notice for both of us . We had even requested a waiver of his appearance when we filed in 2021 because we knew their policy states they can waive the appearance. I had even arranged a phone call with the prison.

Thank you so much!

We have already established before we filed that he was eligible to file for me. I have spoken to a couple lawyers one said it was denied in error the other one said refile . I'm just trying to get insight.

He is the US citizen.

@Crazy Cat here is the denial. My husband is incarcerated and could not attend the interview. When we file our initial filing we requested that he's appearance be waived they're now saying that incarceration is not a reason to not attain the interview. Could you possibly advise I'm going out of my mind I don't even know what to think The i485 was simply denied because i-130 was denied. Thank you

They were included in the initial packet but we've been waiting since we filed in 2021 . We had additional evidence that he didn't care to see.

That's what's frustrating I don't even know. The interviewing officer hardly asked any questions and he didn't even look at the evidence I brought with. Didn't ask to see my marriage certificate or tax returns . I'm just devastated.

What would be a specific reason they were just deny a case without sending an RFE or NOID? We still have not got out denial letter I'm trying to figure out why they would deny the AOS?

I will do , thank you

I received an email notifying me action was taken on my case . I logged on to the website and it said case denied same with the i-485 because filed AOS.

Can someone please assist yesterday my husband and I received the denial for our adjustment of status we filed in 2021 and yesterday we were denied. We have been together for 12 years and married for almost eight. I have not received the denial letter yet but I'm not sure what my next steps are I know we have to consult with an immigration attorney but I'd like to know what do I do as far as my job goes I'm a paralegal I work for a law firm can I continue working until I get The denial letter? we will obviously refile but I just would like to know what my next options are we are completely and utterly devastated.