I-485 denied. help needed.

[Rex Pei]

I am a permanent resident and I applied for I-130 for my wife in march 2014. so our priority date should be march 2014. However, on the I-130 approval notice USCIS mistakenly typed march 2013 as the priority date. Foolishly and not realizing that mistake, I filed I-485 in Jan. 2015 when the 2013 priority date became current. Our I-485 was accepted and we proceeded to the interview in Sep. 2015. Then the interviewing officer realized the mistake on the priority date and told us the green card would be issued when the 2014 priority date became current. Shockingly we received a denial notice in Nov. reason for denial being our priority date was not current at the time of I-485 filing. After making a few infopass appts we were instructed to refile I485 by an officer in the USCIS field officer. At the same time we consulted a few immigration attorneys, which we should have done way earlier. We were told that my wife was no longer qualified to refile because she was in the US illegally since I-485 denial (her B-2 visa expired before we refiled the I-485). The only option that was suggested to us is to transfer her case to US consulate in her country (china). and she had to leave the US asap and wait there until was issued the green card. Now I am in a desperate situation facing having to separate from her for months if not years. So my question is : are there any other options left for us? For the i-485 we refiled, what can we do with it? Is it bound to get denied again? Any advice or help is highly appreciated!

[sticker]

i290b pending for 6months plus

i and my wife where scheduled for her aos interview on april while i was in jail. my wife went for the interview and asked the officer to reschedule, but the officer said it was ok to interview only her. ooops! the denial came, for both i130 and i485, my wife got an attorney who sent the papers for me to sign while i was in jail. i290b filed on time. came out of jail on september, and have been on the neck of uscis through phone calls to reopen our case. they said we should wait for six months, now is past six months, our inforpass on 12/11/2105 yielded no fruit, as the officer said the supervisor cannot do anything on our case yet until she decides and she will not give us a time frame. am thinking of filling a new i130 for my wife, and maybe she can also file i485 but she is out of status already. someone help with an advice, i really failed my wife.

[rayb]

I am assuming the specific reason for the denial was because you were not at the interview together?

You should first ascertain if your I-130 was also denied. Because the Adjustment was denied, for not both being at the interview, does not mean that the I-130 was also denied.

If you have denial notices for both procedures, I-130 and I-485, then a Reopen request (with fee of $500 - $600) had to be filed within a specific period of time (I believe 30 days, but would have to check).

If you have been denied the "Reopen" attempt, you have no choice but to refile and start over.

--Ray B

i and my wife where scheduled for her aos interview on april while i was in jail. my wife went for the interview and asked the officer to reschedule, but the officer said it was ok to interview only her. ooops! the denial came, for both i130 and i485, my wife got an attorney who sent the papers for me to sign while i was in jail. i290b filed on time. came out of jail on september, and have been on the neck of uscis through phone calls to reopen our case. they said we should wait for six months, now is past six months, our inforpass on 12/11/2105 yielded no fruit, as the officer said the supervisor cannot do anything on our case yet until she decides and she will not give us a time frame. am thinking of filling a new i130 for my wife, and maybe she can also file i485 but she is out of status already. someone help with an advice, i really failed my wife.

[hemasrini1]

I-485 denied. Need help..

I did a concurrent filing of Green Card for my father with all forms.
All forms received USCIS on 04/01/2015.
Finger printing was done on 04/27/2015.
Received the EAD/Advanced Parole on 06/18/2015.
Went back to India on 07/25/2015 with Advanced Parole
His I-130 got approved on 10/22/2015..
I-485 got denied on 12/15/2015.

We travelled with him to Bahamas on a cruise on April 1st week and returned on 04/05/2015.
USCIS mentioned that he should not have left the country without the Advanced Parole and so his I-485 is denied.

Since his I-485 got denied, what are the next steps to take?
Please advice..

[rayb]

Submit a new I-485 package, but with approval NOA for his I-130 (if received), a copy of the immigrant medical exam packet from the same doctor, and a new $1,070 fee check.

--Ray B

qUOTE=hemasrini1;440730]I did a concurrent filing of Green Card for my father with all forms.
All forms received USCIS on 04/01/2015.
Finger printing was done on 04/27/2015.
Received the EAD/Advanced Parole on 06/18/2015.
Went back to India on 07/25/2015 with Advanced Parole
His I-130 got approved on 10/22/2015..
I-485 got denied on 12/15/2015.

We travelled with him to Bahamas on a cruise on April 1st week and returned on 04/05/2015.
USCIS mentioned that he should not have left the country without the Advanced Parole and so his I-485 is denied.

Since his I-485 got denied, what are the next steps to take?
Please advice..[/QUOTE]