I-485 Denied. Options to reapply

[cherryswife 3]

Hi - yesterday we received the terrible news that my I-485 has been denied. We were married while I was on a visa waiver in April, I have been here in the US since Feb (from Australia). Now they are telling me I have 30 days to leave. We are both devastated and don't want to be separated. We are wondering if I can, rather that return all the way back to Aus, go to Canada or Mexico for a few months while we reapply, so at least we can see each other. Has anyone done this? Is it even possible? Please help, we so don't want to be apart.

Just a note: The reason for denial was the information we submitted was "incomplete" as his finances weren't 125% above the poverty line (even though he really does earn enough, but he is self-employed so his taxes aren't a true reflection, but they don't see it that way).

[gmjdmj 2]

I am not sure to tell you what to do in reference of where to move, etc. but if it were me, I would hire a lawyer. Also, if a person is self employed but writes a lot off on their taxes, they are never going to show true income. This problem comes up when people try to buy homes as well. You get the benefit of writing things off but it messes you up later. Knowing that they didn't qualify on their own, you should have gotten a co-sponsor. You should find someone immediately and re-submit their information so that you can qualify. That would be my suggestion outside of getting a lawyer.

[Lili 3]

Does the letter gives you the option to appeal by reopening your file? I would just get a co-sponsor to avoid any issues.

[cherryswife 3]

The letter says we have no option for appeal =[

We are going to talk to an attorney tomorrow. Thanks for the answers so far =]

[naksah 1]

Usually they send you a letter requesting for more info if the petitioner does not meet the 125% poverty line. Are you sure you did not receive it?

Don't rush into moving yet before you check out all your options. Also, you can seek advise from a good immigration lawyer ASAP.

[cherryswife 3]

Usually they send you a letter requesting for more info if the petitioner does not meet the 125% poverty line. Are you sure you did not receive it?

Don't rush into moving yet before you check out all your options. Also, you can seek advise from a good immigration lawyer ASAP.

Yes we got this letter last month, and so we then submitted the mortgage documents, bank statements, 2 car ownership documents and a cover letter explaining the self employed income thing. The denial was the response...

He knows no one to co-sponsor, so we are no considering re-filing taxes :s

[sasaqlain 24]

May not have much credible info for you, but just wanted to say that I am extremely sorry to hear about your denial. We all have gone the phase of denial fears. What I don't understand is that USCIS usually doesnt rush into decisions like this. They should have sent you a RFE to meet the Affidavit of Support issue, and they usually do that. As advised above, I would talk to a lawyer withou further delay. If you have not been given a right to appeal, I don't think there is much that can be done about it now. If all else fails, you can always go back and apply for a spouse visa. I admit its easier said than done, but when you are left with no other choice, sometimes such steps are inevitable.

I pray you get out of this mess soon.

[MonkeyJuice 3]

Oh no, this is terrible news! My hubby is self employed also & together with the tax returns we used letters from his employers to state how much he earns & that he works for them regularly.

Can you ask a lawyer if you can file some sort of waiver? I hope you sort this soon.

[Kathryn41 3,205]

I am sorry to hear this news. Unfortunately, there is no right of appeal if you apply to adjust status from a visitor, student or work visa/status. If you have means to be in Canada legally you can certainly go there, but you will need to start the CR-1 process and that is processed in the country in which you are legally residing. I am not sure that the process could be handled through Montreal - the only US consulate in Canada that processes CR-1s unless you have some legal residency in Canada. You could look into what is involved in a student or work visa in Canada but again, those don't happen overnight, and to be honest, you don't want to stay in the US any longer than you have or you will risk incurring a 3 year ban. If you arrived in February than your 90 days would be up in May. If you have been in the US for longer than 180 days since May you will automatically incur a 3 year ban upon leaving and that would require a hardship waiver from your husband. That will increase the length of time it takes to process a CR-1 - which is averaging about a year. If you have not been in the US 180 days since your Visa waivered entry expired then you don't want to be in the US longer than 180 days or you will incur the 3 year ban. Unfortunately, even as an Australian citizen you would only be allowed a 6 months visitor visa (temporary resident permit) to Canada, and that is assuming you could reassure them that you have some financial means of support within Canada. I honestly think that you would be better served to process the CR-1 through your home country as it provides you with more opportunities to live and work while you wait out the process.

Consult a lawyer if you think it will help, but the rule about no appeals is definite and you definitely don't want to be here over 180 days past the 90 days of the VW visit. I think you must be very close to that now.

The one consideration is that if you think re-doing the taxes will lead to an obvious increase in the financial situation so that there is no question of making the 125% minimum, then you can take the risk of staying knowing you would incur a ban if you had to leave, and then re-filing the AOS all over again. While you would be together still during this process, the only problem is that by the time the AOS decision is re-processed, if it is denied again you will probably have been out of status for over a year and face an automatic 10 year ban upon leaving the US. Check into the tax situation closely to see if it would help and think hard about someone you might be able to ask to be a co-sponsor so you can re-file without leaving the US.

Edited October 25, 2009 by Kathryn41

[cherryswife 3]

Thanks all for the kind words and very good advice!

I will advise when we decide what to do =]

[Chris_Жанна 11]

Also, since you have been in the US for awhile say you were able to go to Canada or Mexico the CBP might not let you back in to America even if you leave a few days before the allowed time on visa waiver program. From what I understand, the CBP position is that since you are a tourist, you should spend more time inside your country then in the US. So, the CBP may see on their computers that you have an multiple visits extended stay(s) in the US and may decide that you cannot re-enter.

Sorry to hear about your situation. Good luck on whatever decision you make.

[sachinky 465]

Oh. I hope the situation can be resolved. Try and find a joint sponsor ASAP.

[cherryswife 3]

Also, since you have been in the US for awhile say you were able to go to Canada or Mexico the CBP might not let you back in to America even if you leave a few days before the allowed time on visa waiver program. From what I understand, the CBP position is that since you are a tourist, you should spend more time inside your country then in the US. So, the CBP may see on their computers that you have an multiple visits extended stay(s) in the US and may decide that you cannot re-enter.

Sorry to hear about your situation. Good luck on whatever decision you make.

I am no longer on the VWP, that expired in May. I don't plan on returning to the US on another VWP, I will wait until I can get a spouse visa...

[Brother Hesekiel 2,236]

It's not easy to adjust status from a B2, but to adjust status from no visa to resident must rank among the most difficult tasks in the US immigration world. It's so difficult, in fact, that most people claim it can't be done at all, and while that's not true, even the tiniest hiccup will trigger a denial, just because.

Don't shoot he messenger . . .

Edited October 26, 2009 by Just Bob

[cherryswife 3]

It's not easy to adjust status from a B2, but to adjust status from no visa to resident must rank among the most difficult tasks in the US immigration world. It's so difficult, in fact, that most people claim it can't be done at all, and while that's not true, even the tiniest hiccup will trigger a denial, just because.

Don't shoot he messenger . . .

I am not sure what you are referring to, or what a B2 is? I adjusted from VWP. The length of time it has taken to get to this point means that the VWP has now expired. I don't expect to be able to do anything now but leave, as I wont stay here illegally.