I 485 and I 130 denied; help please!

[Frannie85 0]

I overstayed my VWP by about one week. I married a US citizen and had 2 interviews including a stokes interview. I went back to my country (Netherlands) to visit my children and I received the denial of the 485 and I 130 while I'm here in the Netherlands. The I 130 was denied because of some discrepancies in the stokes interview and the I485 was denied because of the overstay.

I don't know what to do or if I'm banned from going back to the US. I'm married and this is no sham but it seems they don't believe me or don't care because of the overstay. Does anyone have any advice for me? I'm desperate. Thanks in advance.

[Pitaya 2,577]

~~Moved from K-1 Process to Work, Student, Tourist-based AOS Progress Forum~~

~~Not K-1 related~~

Edited August 17, 2013 by A&B

[Hypnos 6,577]

The I-485 cannot be denied for overstay if you initially entered the US legally (including the VWP) and you are married to a US citizen. Did you have AP when you left the US to visit the Netherlands?

You should consult with an experienced immigration attorney.

Edited August 17, 2013 by Hypnos

[Frannie85 0]

Yes I did have advanced parole but the denial letter came today and I'm still in Netherlands afraid to come back because I don't want to be denied at inspection. The 485 denial letter clearly states denied due to overstay.

[Hypnos 6,577]

Your AP was invalidated as soon as your I-485 was denied, so you cannot use it to try and re-enter the US (you're guaranteed to be denied entry and put on the next flight back if you try that).

The overstay might give you some wiggle room with regards to a motion to re-open or re-consider, since overstay cannot be penalised at adjudication for immediate relatives of a US citizen, such as a spouse.

I would strongly suggest you talk an experienced immigration attorney asap. If it's possible, perhaps you can scan and post the denial letters here with the personal information removed.

Unfortunately your options are limited since you're outside the US. This is one of the reasons it's generally not recommended to travel overseas until your green card is in your hands, since you have more legal avenues open from within the US.

Since the I-130 was also denied, the overstay might have just been some pretext in order to formally deny your I-485. They clearly do not believe your relationship is genuine, and that is the crux of your problem.

Edited August 17, 2013 by Hypnos

[Darnell 8,478]

I think the I-485 was triggered for denial right after the week you left the USA - there's some data feed from the airlines that match up departures , a batch process that gets you, in the end.

Regardless of AP, IMO, it was the 'leave the USA' that triggered yer I-485 denial.

Or maybe the fact the I-130 was denied at the stokes interview, triggering the I-485 denial.

----

Another path for you would be for your spouse to file a new I-130, chasing after a spousal visa, with an interview at an IV Unit overseas.

[Frannie85 0]

So if they don't believe my relationship is genuine, what more can I do? I don't want to lose my wife and she can't move here because she has a young son who she shares custody of.

[Darnell 8,478]

Another path for you would be for your spouse to file a new I-130, chasing after a spousal visa, with an interview at an IV Unit overseas.

[Harpa Timsah 13,258]

The I-485 was denied because the I-130 was denied. WIthout an approved I-130, the I-485 cannot be approved or stand on its own. They don't believe you have a bona fide relationship.

You say you had "some discrepancies" in the Stokes interview. What were they?

How long have you been out of the country? It was extremely foolish to leave the US after a Stokes interview. If you were here you could appeal, but you will have to start over, and you will have an uphill battle getting an appropriate visa, to say the least.

Also, you cannot use the VWP ever again, since you overstayed. You will need a B2 visa for visiting.

Edited August 17, 2013 by Harpa Timsah

[Frannie85 0]

At the top of the denial letter it states the items I brought as proof. It did not mention the fact that my wife had her sons last name changed to my last name as I'm the only father figure he knows and hopefully will know, USCIS permitting.

Questions I answered incorrectly:

1. The name of former preschool of my step son, I was not living here at the time but I knew name and location of his current preschool

2. Whether we were intimate on wedding night. Honestly I was very intoxicated and apparently we were not intimate, when I assumed we were.

3. How we paid for engagement rings. She said ATM and I said cash. To me, ATM is cash. I had borrowed the money from my brother and I told the interviewer that but I had never told my wife and so she did not say money was borrowed.

4. My wife does not have a good relationship with her family and she told the interviewer that. I told the interviewer she had a good relationship with her sister which is true. I said she attended her nephews birthday party which I thought she did but in reality she had only dropped off her gift when she realized her parents were there.

5. I mentioned a newly opened joint account that she forgot exists. Not much money in it though, I just use it for gas and food in an effort to save money.

6. My stepsons birthday. I stated it was just us and Ryan and she stated that there were a few other people. This is because on the actual day of his birthday it was just us but a few days later we went with a couple of my family members again and they brought him some presents.

7. They asked us what we did a few nights earlier and our evening events matched but I said we were intimate and she said we were not. The thing is we were intimate after actually falling asleep TMI I know, sorry,

I know I should not have travelled but I honestly felt if my marriage is real then there will be no problem. I only went home to visit my children. I was SO nervous at the stokes interview, I honestly thought I was going to be sick.

Thanks again, sorry for the novel.

[bigdog 376]

Re look at the requirements for both qualification's and reapply.

[Darnell 8,478]

lol ! ha ha ha ! really?

[Frannie85 0]

Darnell, what does the "ha ha ha" mean?

[Darnell 8,478]

apologies - that was in response to bigdog's missive. Not stuff on you, but on him.

[Harpa Timsah 13,258]

Are there any other red flags in your case, like an age difference or other general mismatch? Why didn't you pass the first interview? Do you both drink heavily or use drugs? You both seem to have memory problems (no judgement, just trying to figure out what's what). Are you dutch or an immigrant to the netherlands?