I485 denied (HELP ASAP)

[JVM 0]

Hello everyone.

We filed the I485 and had an interview at the immigration office, but weren’t asked any questions. One day an immigration office came to our house and interviewed us. We were still in our PJs just waking up. He asked us several questions and we answered them well.

We were given a denial based on having not consummated the marriage nor cohabited as husband and wife and not held ourselves out to family and friends as such. None of this is true.

Now the notice states we can not appeal the denial decision however we have the ability to renew our application before an Immigration Officer. If we wish to file a motion to reopen and/or Reconsideration visit the USCIS website.

My questions are: If we can not file an appeal then why do the state we can have a motion and if so the decision was given 8/11/10 but until today 8/31/10 and we went to the office we never received the decision. Now if we file a motion of appeal if possible we have until 9/10/10 only 9 more days. Not much time to prepare for it.

The notice states we can renew our application before an Immigration Office. How would on go about that.

Thanks for any help. I am a very good paralegal, but don't have any experience with this.

[Justine+David 218]

Are there any red flags in your file?

What sorts of evidence of a bonafide marriage relationship did you bring to the interview?

Which visa are you adjusting from? i.e. K1 fiance, B2 tourist, etc etc

[JVM 0]

Are there any red flags in your file?

What sorts of evidence of a bonafide marriage relationship did you bring to the interview?

Which visa are you adjusting from? i.e. K1 fiance, B2 tourist, etc etc

Me and my wife had our immigration I-485 denied and need to know what action to take. Our decision paper says there is no appeal of this decision, but we have the ability to renew our application before an Immigration Judge. We can file a motion to reopen/reconsider. I just need to know how do we go about these things.

Thanks

[h1a1 5]

But what visa was the AOS from? K-1? Tourist?

[JVM 0]

But what visa was the AOS from? K-1? Tourist?

It was a K-1 Visa

[h1a1 5]

Can you be more specific about what happened during the interview? As has already been asked... are there any red flags in your case? Age difference?

[JVM 0]

Can you be more specific about what happened during the interview? As has already been asked... are there any red flags in your case? Age difference?

There are red flags, but nothing that can not be explained and proven false.

It is kind of personal, but I can say it has to do with my disability and my therapy for such that lead the office to believe that our marriage was not entered for the sole purpose of an immigration benefit.

I need to provide additional evidence to support our marriage in that is not for a matter of convenience but that it is out of love.

To do this I need to file a motion to reopen the case, but I only have 30 days to file the motion. I read that I can ask for an extension, but it is up to the discretion of the USCIS. How to go about that request if you only have 9 days from the letter of denial.

The post office returned the letter to USCIS as Addressee Unknown.

[Justine+David 218]

You need to get ahold of a competent lawyer ASAP. Today. Someone else might chime in here who might know how to re-open cases, but this 9 day countdown is pretty serious and you need to get more specialized help than what VJ can offer.

Best of luck to you.

[Darnell 8,478]

yup - agree - get an immigration attorney with experience in the 'local' scene there, for doing 'face to face' in front of an immigration judge.

Is this the same lady referred to in http://www.visajourney.com/forums/topic/100221-married-on-oct-30-marriage-lic-released-nov-20/ ??

If so, maybe is some other documents problem, stemming from that marriage certificate?

[JVM 0]

yup - agree - get an immigration attorney with experience in the 'local' scene there, for doing 'face to face' in front of an immigration judge.

Is this the same lady referred to in http://www.visajourney.com/forums/topic/100221-married-on-oct-30-marriage-lic-released-nov-20/ ??

If so, maybe is some other documents problem, stemming from that marriage certificate?

No it is not the same woman.

I have found that by doing a motion to reopen the file allows for the original officer to review any new evidence and to read the brief and make a new decision.

So I am compling evidence right now for the motion to reopen.

[flustered 14]

In order to have them reconsider you need to fill out a form I-290B..wait time for a decision 60-180 days..cost $585...USCIS priceless

[JVM 0]

In order to have them reconsider you need to fill out a form I-290B..wait time for a decision 60-180 days..cost $585...USCIS priceless

I agree and thank you all for your assistance.

[flustered 14]

Hello everyone.

We filed the I485 and had an interview at the immigration office, but weren’t asked any questions. One day an immigration office came to our house and interviewed us. We were still in our PJs just waking up. He asked us several questions and we answered them well.

We were given a denial based on having not consummated the marriage nor cohabited as husband and wife and not held ourselves out to family and friends as such. None of this is true.

Now the notice states we can not appeal the denial decision however we have the ability to renew our application before an Immigration Officer. If we wish to file a motion to reopen and/or Reconsideration visit the USCIS website.

My questions are: If we can not file an appeal then why do the state we can have a motion and if so the decision was given 8/11/10 but until today 8/31/10 and we went to the office we never received the decision. Now if we file a motion of appeal if possible we have until 9/10/10 only 9 more days. Not much time to prepare for it.

I should also mention..do not make the mistake I made..the I-290B must be signed by the petitioner not the US Citizen or it will be rejected..I am speaking from experience

The notice states we can renew our application before an Immigration Office. How would on go about that.

Thanks for any help. I am a very good paralegal, but don't have any experience with this.

[flustered 14]

I should also mention..do not make the mistake I made..the I-290B must be signed by the petitioner not the US Citizen or it will be rejected..I am speaking from experience

[JVM 0]

I should also mention..do not make the mistake I made..the I-290B must be signed by the petitioner not the US Citizen or it will be rejected..I am speaking from experience

Yes I understand that, but thank you for your advice.