i485 Denied i130 Approved

[Moutinho]

Hello everyone, I'm new in this site I apolgize in advance if there another post like this on the forum but I'm coming for guideness and as an emergency I would rally appreciate the help..

Here is the sitation.
In 2001 my father file the 245i and it got stuck due to that his past boss didn't wanted to share his taxes with immigration so it got stop there but remain open.

Over the years my sister got marry and become a citizen and now she did a petition for my parents
My father was approve but my mother was denied because they of the marriage certificate wasn't legal in the eyes of United states they only got marry by church but never on civil until 2004 they did. Remarriage but it wasn't enough for immigration they wanted prove from 1985 but they just got marry by church and now my mother was denied and wss order to leave the country as soon possible so in the future she can apply again
So right now she got her work permit with 512 advance parole and we don't know what to do we are a small family everyone is here so what can we do?

What documention she need jusr show her work permit or what?
Anyone please we are desperate
I am more because she everything to me and I don't want to lost her or have any issues while trying to come back...
Does her 130 approved means anything?

[rayb]

Your description leaves some question in my mind.

If your sister petitioned her mother, your mother, the "unregistered marriage" of your mother to your father should not have been an issue resulting in denial of mom's Green Card. All that would have mattered is that your sister could prove mom was her mom.

A single petition from your sister would not have covered both parents. There had to be separate I-130 petitions for each parent.

I think you have not been given all the pertinent facts about the I-485 denial.

--Ray B

Hello everyone, I'm new in this site I apolgize in advance if there another post like this on the forum but I'm coming for guideness and as an emergency I would rally appreciate the help..

Here is the sitation.
In 2001 my father file the 245i and it got stuck due to that his past boss didn't wanted to share his taxes with immigration so it got stop there but remain open.

Over the years my sister got marry and become a citizen and now she did a petition for my parents
My father was approve but my mother was denied because they of the marriage certificate wasn't legal in the eyes of United states they only got marry by church but never on civil until 2004 they did. Remarriage but it wasn't enough for immigration they wanted prove from 1985 but they just got marry by church and now my mother was denied and wss order to leave the country as soon possible so in the future she can apply again
So right now she got her work permit with 512 advance parole and we don't know what to do we are a small family everyone is here so what can we do?

What documention she need jusr show her work permit or what?
Anyone please we are desperate
I am more because she everything to me and I don't want to lost her or have any issues while trying to come back...
Does her 130 approved means anything?

[Moutinho]

Hello, I apolgize for the very basic discription, allow me to be more clear.
we understand the the reason why it was denied.but can we do a motion? in our country marriage by church is everything civil marriage don't matter as much but here church marriage doesn't mean anything and civil marriage does.

On the interview my mother show the remarriage papers with an updated stating that it was an update from 1985 as USCIS ask but it was denied because they say it was an non existing documenting which we don't understand because it was a civil marriage conducted here. And it clearly say it ws an updated proving that they were marriage.
They ask for documents of civil union from our country but they never did that only by church..
It was just denied because we don't have any way to have papers of civil union from our country as they being ask.. Because it never happen jusr by church ..

My sister became a citizen 3yrs ago and she did. Petition for both of my parents this past year but uscis decided to base her petition on the pending 245i case and now since my mother can't show any prove of civil marriage with my father she is being ask to leave as soon possible or she won't be able to apply for any future cases..

She only right now got her work permit with "serve as 512 advance parole" on
Now my question is this.l
Do she need to file any forms to leave the country and do a reentry ?

How does this work permit works? Can she leave and come back without any issue?
What does her i130 approved means?

She is being ask to leave because she lacks of parole or immigration visa but does her i130 approved can help?
My sister already got a letter from the national visa center..

Your description leaves some question in my mind.

If your sister petitioned her mother, your mother, the "unregistered marriage" of your mother to your father should not have been an issue resulting in denial of mom's Green Card. All that would have mattered is that your sister could prove mom was her mom.

A single petition from your sister would not have covered both parents. There had to be separate I-130 petitions for each parent.

I think you have not been given all the pertinent facts about the I-485 denial.

--Ray B

[rayb]

Moutinho,

Something in your description does not make sense.

Your sister submitted an I-130 for her mom. Your mom applied for her Green Card with form I-485. The basis for the Green Card was your sister's relationship with her mom The marriage record to the father has nothing to do with the legal basis between your sister and mom

I can't offer any advice without knowing what the denial decision actually said, which resulted from the I-485 review or the I-485 interview.

--Ray B

Hello, I apolgize for the very basic discription, allow me to be more clear.
we understand the the reason why it was denied.but can we do a motion? in our country marriage by church is everything civil marriage don't matter as much but here church marriage doesn't mean anything and civil marriage does.

On the interview my mother show the remarriage papers with an updated stating that it was an update from 1985 as USCIS ask but it was denied because they say it was an non existing documenting which we don't understand because it was a civil marriage conducted here. And it clearly say it ws an updated proving that they were marriage.
They ask for documents of civil union from our country but they never did that only by church..
It was just denied because we don't have any way to have papers of civil union from our country as they being ask.. Because it never happen jusr by church ..

My sister became a citizen 3yrs ago and she did. Petition for both of my parents this past year but uscis decided to base her petition on the pending 245i case and now since my mother can't show any prove of civil marriage with my father she is being ask to leave as soon possible or she won't be able to apply for any future cases..

She only right now got her work permit with "serve as 512 advance parole" on
Now my question is this.l
Do she need to file any forms to leave the country and do a reentry ?

How does this work permit works? Can she leave and come back without any issue?
What does her i130 approved means?

She is being ask to leave because she lacks of parole or immigration visa but does her i130 approved can help?
My sister already got a letter from the national visa center..

[Moutinho]

Moutinho,

Something in your description does not make sense.

Your sister submitted an I-130 for her mom. Your mom applied for her Green Card with form I-485. The basis for the Green Card was your sister's relationship with her mom The marriage record to the father has nothing to do with the legal basis between your sister and mom

I can't offer any advice without knowing what the denial decision actually said, which resulted from the I-485 review or the I-485 interview.

--Ray B

I'm trying to make as much sense I can..

this is the situation, before my sister becoming a citizen. My father file the 245i on 2001 for me my mother and sister it was going perfect until my fathers boss deny to show his taxes so the cause the case to put on hold.
On that time my sister got marry, and being on the 245i allow her to stay and become a resident. So after 3yrs she apply to become a citizen and 6 months later she became one. One month later she did a family petition for my father and my mother the lawyer file her petition for this family petition under the 245i and again it was going great there work permits were granted and there i130s got approved but for my mother her 485 was deny because uscis requested more evidence of there marriage so my father send all the documents he had from the day they got marry but they only got marry by church and not by civil court and unfourtnaly that's the documents USCIS is asking to show that they are really marry but we don't have any documents of that because they never got marry by civil court in our country. They did get marry here by civil court. But USCIS deny it because it was issue on 2004 and they want something before 2001 but the only marriage documents they got is from church. So now since the family petition my sister did under 245i was deny my mother is being ask to leave the country because she can't prove any marriage to my father. And since she can't prove marriage she can't get parole under 245i
It also says that since she doesn't have parole under the 245i
The only options are to have some kind of reentry parole
Or have a immigration visa(i130) and that was approve
And we don't know what to do..
I hope I'm making more sense now..
The only thing she got right now is her EAD with 512 combo
On the documents USCIS sent it stated that she got 33 days to do some kind of motion and try to solve this issue or open a new case now just under my sister and not under 245i
But in order to do a future case she need to leave now but she is scare to leave because she doesn't have any family outside usa other than us..
Can she just leave and come back the same day? And have a parole entry?


Can she leave the country with just her work permit with parole on it or she needs to file some form to leave and enter again?
Again I'm sorry if I'm not making sense I'm jusr desperate and we are running out of options her last Interview was January 23

[rayb]

Why do you think mom has to leave the country to refile an I-485, based on being petitioned by her daughter?

It is possible that the marriage certificate was rejected because it was not considered a legal basis for mom using your father's name, but she is still your sister's mother.

Again, without seeing the denial decision for USCIS, any attempt to understand why this was denied and what options your mom might have would only eb speculation on my part.

--Ray B

I'm trying to make as much sense I can..

this is the situation, before my sister becoming a citizen. My father file the 245i on 2001 for me my mother and sister it was going perfect until my fathers boss deny to show his taxes so the cause the case to put on hold.
On that time my sister got marry, and being on the 245i allow her to stay and become a resident. So after 3yrs she apply to become a citizen and 6 months later she became one. One month later she did a family petition for my father and my mother the lawyer file her petition for this family petition under the 245i and again it was going great there work permits were granted and there i130s got approved but for my mother her 485 was deny because uscis requested more evidence of there marriage so my father send all the documents he had from the day they got marry but they only got marry by church and not by civil court and unfourtnaly that's the documents USCIS is asking to show that they are really marry but we don't have any documents of that because they never got marry by civil court in our country. They did get marry here by civil court. But USCIS deny it because it was issue on 2004 and they want something before 2001 but the only marriage documents they got is from church. So now since the family petition my sister did under 245i was deny my mother is being ask to leave the country because she can't prove any marriage to my father. And since she can't prove marriage she can't get parole under 245i
It also says that since she doesn't have parole under the 245i
The only options are to have some kind of reentry parole
Or have a immigration visa(i130) and that was approve
And we don't know what to do..
I hope I'm making more sense now..
The only thing she got right now is her EAD with 512 combo
On the documents USCIS sent it stated that she got 33 days to do some kind of motion and try to solve this issue or open a new case now just under my sister and not under 245i
But in order to do a future case she need to leave now but she is scare to leave because she doesn't have any family outside usa other than us..
Can she just leave and come back the same day? And have a parole entry?


Can she leave the country with just her work permit with parole on it or she needs to file some form to leave and enter again?
Again I'm sorry if I'm not making sense I'm jusr desperate and we are running out of options her last Interview was January 23

- - - Updated - - -

Have you actually seen the Denial Decision document from USCIS?

--Ray B

Why do you think mom has to leave the country to refile an I-485, based on being petitioned by her daughter?

It is possible that the marriage certificate was rejected because it was not considered a legal basis for mom using your father's name, but she is still your sister's mother.

Again, without seeing the denial decision for USCIS, any attempt to understand why this was denied and what options your mom might have would only eb speculation on my part.

--Ray B

[Moutinho]

Yes today we recieve the denied decision and the reason why it was deny.
As I say it was denied for that simple document. Unable to probe existing marriage by civil court..

And it also says that since she can't prove any existing marriage to my father she can't be parole under 245i and since she is here illegally she is being ask to depart as soon possible so in future she can try to motion this case(485) or opening a new one.

Her work permit with advance parole still valid until 11/27/15
We were told to by our lawyer that she can leave and come back so she can have a entry parole stamp and try to reopen this case or file a new case now just by my sister and not by the 245i. Our lawyer told us that she will be waiting on the airport once she try to enter but we are very scare .

Please help me. What can we do?
How can she leave and come back without any issue? Do you need any evidence to leave and come back or her work permit is all she needs?

Why do you think mom has to leave the country to refile an I-485, based on being petitioned by her daughter?

It is possible that the marriage certificate was rejected because it was not considered a legal basis for mom using your father's name, but she is still your sister's mother.

Again, without seeing the denial decision for USCIS, any attempt to understand why this was denied and what options your mom might have would only eb speculation on my part.

--Ray B



- - - Updated - - -

Have you actually seen the Denial Decision document from USCIS?

--Ray B

[rayb]

Okay, I think it is clearer now. Your mom's entry was not considered a legal entry. If she reenters with a valid visa, probably a visitor visa, she can be Adjusted (I-485) based on her approved I-130 (originally submitted by her sister).

The problem I see now, however, is that getting back into the U.S. with a new visitor visa may be mom's biggest hurdle.

She can try first to get a visitor visa. If denied, because of it's application being considered an intended immigration circumvention, you may have to continue processing the I-130 through the NVC and have mom processed at the foreign U.S. Embassy as an immedite relative immigrant (IR-5 class).

--Ray B

Yes today we recieve the denied decision and the reason why it was deny.
As I say it was denied for that simple document. Unable to probe existing marriage by civil court..

And it also says that since she can't prove any existing marriage to my father she can't be parole under 245i and since she is here illegally she is being ask to depart as soon possible so in future she can try to motion this case(485) or opening a new one.

Her work permit with advance parole still valid until 11/27/15
We were told to by our lawyer that she can leave and come back so she can have a entry parole stamp and try to reopen this case or file a new case now just by my sister and not by the 245i. Our lawyer told us that she will be waiting on the airport once she try to enter but we are very scare .

Please help me. What can we do?
How can she leave and come back without any issue? Do you need any evidence to leave and come back or her work permit is all she needs?

[Moutinho]

Yes her I-130 been approve so in order to that case can continue she needs to leave and do a proper entry with parole with her work permit. Correct? Will she have any sort of issues doing that? Since her 485 was denied already? But her 130 still under process?
Can you tell me what arrangements you need to do so you don't have any issues coming back?
I don't know much about NVC other than my sister already received a letter from them it didn't say much other than that the official letter was send to the lawyer but the lawyer haven't say anything to us about it..

From what I understand my sister is the one who needs to move on NVC in order to continue the process and also pays the fees from NVC..

ONE THING I don't understand is that on the denied papers mention not having. Immigration visa.
Doesn't her 130 counts as a visa?
Anyways thank you so much for the help. Again sorry for not making much sense. I'm jusr stuggling to understand this. I can't be without my mother. And from what it looks like. She won't be admitted back and she will continue her process outside unless it changes .i also much mention that she pay for the pardon can't that count. ?

Okay, I think it is clearer now. Your mom's entry was not considered a legal entry. If she reenters with a valid visa, probably a visitor visa, she can be Adjusted (I-485) based on her approved I-130 (originally submitted by her sister).

The problem I see now, however, is that getting back into the U.S. with a new visitor visa may be mom's biggest hurdle.

She can try first to get a visitor visa. If denied, because of it's application being considered an intended immigration circumvention, you may have to continue processing the I-130 through the NVC and have mom processed at the foreign U.S. Embassy as an immedite relative immigrant (IR-5 class).

--Ray B

[rayb]

For starters, I think your attorney may not be giving you a clear picture of your mom's options, or you might not be getting his instructions directly from him since your sister is the petitioner.

From what you have told me so far, I'll respond in CAPS below to your concerns:

Yes her I-130 been approve so in order to that case can continue she needs to leave and do a proper entry with parole with her work permit.

THIS IS WHERE YOU SEEM TO BE MISINTERPRETING MOM'S OPTIONS. YES, SHE HAS TO REENTER WITH A LEGAL VISA, BUT IT WON'T BE A PAROLE OPTION, SINCE HER I-485 HAS BEEN DENIED AND HER ADVANCE PAROLE IS NO LONGER VALID. HER WORK AUTHORIZATION MEANS NOTHING NOW, EITHER, SINCE HER I-485 HAS BEEN DENIED. IT IS POSSIBLE THAT THE COMBO CARD (WORK AUThORIZATION ON TOP AND ADVANCE PAROLE ON BOTTOM) COULD GET HER BACK INTO THE U.S., BUT THIS IS NORMALLY CANCELLED WHEN THE I-485 IS DENIED, SO USING THE ADVANCE PAROLE WOULD BE A RISK, AND SHE WOULD NOT BE ENTERED WITH A VALID VISA.

orrect? Will she have any sort of issues doing that? Since her 485 was denied already? But her 130 still under process?

YES, THERE ARE ISSUES. THE I-130 IS STILL AVAILABLE TO BE USED FOR ISSUANCE OF AN IMMIGRANT VISA, BUT SHE MUST BE PROCESSED ABROAD FOR THAT VISA, UNLESS SHE IS ABLE TO REENTER THE U.S. WITH A VALID VISA.

Can you tell me what arrangements you need to do so you don't have any issues coming back?

WHILE OUTSIDE THE US. MOM CAN APPLY FOR A B2 VISITOR VISA, BUT IT MAY BE DENIED FOR 'INTENT TO IMMIGRATE' OR SHE MAY BE REJECTED AT THE PORT OF ENTRY FOR THE SAME REASON.

I don't know much about NVC other than my sister already received a letter from them it didn't say much other than that the official letter was send to the lawyer but the lawyer haven't say anything to us about it..

YOUR SISTER SHOULD BE DISCUSSING THIS WITH THE ATTORNEY, AS THE ATTORNEY SHOULD BE EXPLAINIG THE NATIONAL VISA CENTER REQURIEMENTS FOR PRE-VISA REQUIREMENTS ARE THE NVC, AND EVENTUAL VISA PROCESSING AT THE U.S. EMBASSY IN YOUR MOM'S COUNTRY.

From what I understand my sister is the one who needs to move on NVC in order to continue the process and also pays the fees from NVC..

CORRECT, UNLESS THE ATTORNEY IS PREPARED TO CONTINUE AS YOUR SISTER'S LEGAL REPRESENTATIVE WITH THE NVC. I HAVE A SUSPICION THAT THE ATTORNEY HAS 'WASHED HIS HAND' OF PROCESSING SINCE HE (SHE ?) WAS ONLY RETAINED FOR THE ORIGINAL ADJUSTMENT OF STATUS PROCESSING.

ONE THING I don't understand is that on the denied papers mention not having. Immigration visa.
Doesn't her 130 counts as a visa?

NO, THE I-130 IS NOT A VISA. THE I-130 IS THE ENABLING FORM LEADING TO A VISA AT A U.S. EMBASSY, OR AS A BASIS FOR CONTINUED ADJUSTMENT OF STATUS IF THE APPLICANT ENTERED THE U.S. WITH A VALID VISA. IT'S NOT CLEAR TO ME HOW YOUR MOM ACTUALLY ENTERED THE U.S. IN THE FIRST PLACE, AS SHE MUST HAVE HAD A VISA AT THE TIME.

Anyways thank you so much for the help. Again sorry for not making much sense. I'm jusr stuggling to understand this. I can't be without my mother. And from what it looks like. She won't be admitted back and she will continue her process outside unless it changes .i also much mention that she pay for the pardon can't that count. ?

[Moutinho]

you are correct I wanst there to hear it first hand as my sister did..
I am just following from what the denied papers say..

The attorney told my sister that it was best to not go to her interview on this past January 23 because she say it was going to get denied for that simple document but my mother did go because she had the civil marriage document conducetrd here on the usa. That was the only prove she had.

So the attorney say to leave the country before going to thr interview but my mother decline it because she doesn't have family in our country.. We all here. And now from what you just told me it seems that she won't be admitted to Uss again since her 485 was denied but again can we do a motion saying that is an error and that we want to appeal this and show a marriage certificate that she got from our country just yesterday and show they been marry since 1985..
We got in touch with the municipally in our country and they agree to create a document for a civil union and take proof from the church documents they got. I also would like to point out that they got marry at the age of 18 so it wss probided so can we e involve our congressman and senator and help us prove that they got marry and are marry?

I forgot to mention that she enter illegally just as my father.but both were protected under 245i
They both pay the 1000 dollars pardon that they admit they came here illigeLly

For starters, I think your attorney may not be giving you a clear picture of your mom's options, or you might not be getting his instructions directly from him since your sister is the petitioner.

From what you have told me so far, I'll respond in CAPS below to your concerns:

[rayb]

Moutinho,

I didn't tell you that your mother could not reenter the U.S. because of her denial. I said that her "intent to immigrate" would be a possible reason to deny your mom a visitor visa. In addition, however, her "Advance Parole" is technically cancelled as the result of an I-485 denial.

If your mom's processing continues at the NVC and then at the U.S. Embassy in her country, she will probably be required to submit an I-601, I-601 | Application for Waiver of Grounds of Inadmissibility | Form Fee: $585, after her Embassy interview.

It's still not really clear to me, from what you have reported here already, how your mom got in the U.S. this time, and what the Denial Decision cited as her reason for denial. You are basically paraphrasing what you believed was on the Denial Decision, and what the attorney apparently told your sister or mom (or you?). It's difficult to get a clear picture of what has happened so far from a "story around a campfire." I'm not criticizing you, but trying to tell you why it's hard to say what your mom's best options might be.

--Ray B

you are correct I wanst there to hear it first hand as my sister did..
I am just following from what the denied papers say..

The attorney told my sister that it was best to not go to her interview on this past January 23 because she say it was going to get denied for that simple document but my mother did go because she had the civil marriage document conducetrd here on the usa. That was the only prove she had.

So the attorney say to leave the country before going to thr interview but my mother decline it because she doesn't have family in our country.. We all here. And now from what you just told me it seems that she won't be admitted to Uss again since her 485 was denied but again can we do a motion saying that is an error and that we want to appeal this and show a marriage certificate that she got from our country just yesterday and show they been marry since 1985..
We got in touch with the municipally in our country and they agree to create a document for a civil union and take proof from the church documents they got. I also would like to point out that they got marry at the age of 18 so it wss probided so can we e involve our congressman and senator and help us prove that they got marry and are marry?

I forgot to mention that she enter illegally just as my father.but both were protected under 245i
They both pay the 1000 dollars pardon that they admit they came here illigeLly

[Moutinho]

Ray here is what does the actual documents says and I quote
"The evidence of records shows that when you filed your application you were present in th United states contrary to the law because you were present without admission or parole you are not authorized to remain in the United states and should depart as soon possible .failure to depart may result in your found ineliable for immigrating benefits and inadmissible to the United states in the future"

During the interview and review of your application the immigration service officer noted that your application was incomplete because it lacked supporting evidence to establish your eligibility
On December USCIS send you a RFE SEEKING submission of marriage certificate to evidence the marriage between yourself and your husband issued by a civil authority ..

She gave all the evidence she had.. She gave the church certificate from 1985 and the remarriage civil certificate issue here on the usa on 2004

Moutinho,

I didn't tell you that your mother could not reenter the U.S. because of her denial. I said that her "intent to immigrate" would be a possible reason to deny your mom a visitor visa. In addition, however, her "Advance Parole" is technically cancelled as the result of an I-485 denial.

If your mom's processing continues at the NVC and then at the U.S. Embassy in her country, she will probably be required to submit an I-601, I-601 | Application for Waiver of Grounds of Inadmissibility | Form Fee: $585, after her Embassy interview.

It's still not really clear to me, from what you have reported here already, how your mom got in the U.S. this time, and what the Denial Decision cited as her reason for denial. You are basically paraphrasing what you believed was on the Denial Decision, and what the attorney apparently told your sister or mom (or you?). It's difficult to get a clear picture of what has happened so far from a "story around a campfire." I'm not criticizing you, but trying to tell you why it's hard to say what your mom's best options might be.

--Ray B

[rayb]

Moutinho,

How did she get into the U.S. if she was deemed an entrant without being admitted? Was she a "handwave" entrant, as USCIS has recognized some children from Canada or Mexico?

Also, for exception to be made for her lack of a legal marriage document implies that she was applying for Adjustment based on her marital relationship. What did her husband have to do with her Adjustment application...unless she was a derivative entrant based on her husband having been petitioned by someone else as a quota visa entrant.

From what you cite below, one would have to conclude that the actual denial was for having no legal basis to be in the U.S., and/or not having legally-acceptable proof of her marriage.

I apologize for "beating a dead horse," but everything about your mom's situation sounds unusual.

Even with your sister's petition of mom, if mom had not entered the U.S. with a legal visa, i.e., visitor visa, she could not have been adjusted with the i-485 procedure. So something about her marital relationship was part of her legal basis for the Adjustment of Status, it seems.

--Ray B

Ray here is what does the actual documents says and I quote
"The evidence of records shows that when you filed your application you were present in th United states contrary to the law because you were present without admission or parole you are not authorized to remain in the United states and should depart as soon possible .failure to depart may result in your found ineliable for immigrating benefits and inadmissible to the United states in the future"

During the interview and review of your application the immigration service officer noted that your application was incomplete because it lacked supporting evidence to establish your eligibility
On December USCIS send you a RFE SEEKING submission of marriage certificate to evidence the marriage between yourself and your husband issued by a civil authority ..

She gave all the evidence she had.. She gave the church certificate from 1985 and the remarriage civil certificate issue here on the usa on 2004

[Moutinho]

She did EWI from Mexico on 1997..
She a mexican citizen and me and my sister are both citizens from here.

From what I know is that our lawyer base this family petition under the 245i that my father file on 2001.
On this documents also stated that
"Your filled form I-485 base on being the beneficiary of an immigration petition"
Is very hard to understand this..

Now assuming that someway my parents do find a way to get a document from a mexican authority proving marriage
Can we appeal this and reopen this case? It says we got 33 days to a motion on it..
Can we claim that there an error of this denied and request to carefully check everything again but now with the document from mexican authority proving legal marriage?
I mean they been marriage for alms to 30s years what fraud can there be? My mother also can't leave because she also is proving money for my grandmother who is suffering from cancer and my grandfather is blind.. She the only one who works to provide medicine from them and now she leaving everything will fall to place I'm studying criminal justice and I'm going to be force to leave school to work.. Please advice me tell me what to do...

Moutinho,

How did she get into the U.S. if she was deemed an entrant without being admitted? Was she a "handwave" entrant, as USCIS has recognized some children from Canada or Mexico?

Also, for exception to be made for her lack of a legal marriage document implies that she was applying for Adjustment based on her marital relationship. What did her husband have to do with her Adjustment application...unless she was a derivative entrant based on her husband having been petitioned by someone else as a quota visa entrant.

From what you cite below, one would have to conclude that the actual denial was for having no legal basis to be in the U.S., and/or not having legally-acceptable proof of her marriage.

I apologize for "beating a dead horse," but everything about your mom's situation sounds unusual.

Even with your sister's petition of mom, if mom had not entered the U.S. with a legal visa, i.e., visitor visa, she could not have been adjusted with the i-485 procedure. So something about her marital relationship was part of her legal basis for the Adjustment of Status, it seems.

--Ray B