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Help! I130 approved but I485 denied :(

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  • Help! I130 approved but I485 denied :(

    Hello all,

    Last month on March 8th we had our interview for AOS based on marriage to a US citizen. We thought it went well but they didn't approve it but refered it to review. On March 19th they approved the petition I130 so we got excited but the 485 was still being reviewed. Today April 6th we got a notification from their website that my I 485 was denied!!! Don't know what to do!!! I was previously (9 years ago) married and received a 2 year conditional green card, that relationship ended up on divorce and after that I was granted DACA. I have no criminal records! I legally entered the country! Will have to wait to see the letter they send, but does anyone have a similar experience!

    Thank u all!

  • #2
    Originally posted by BlueOrchard View Post
    Hello all,

    Last month on March 8th we had our interview for AOS based on marriage to a US citizen. We thought it went well but they didn't approve it but refered it to review. On March 19th they approved the petition I130 so we got excited but the 485 was still being reviewed. Today April 6th we got a notification from their website that my I 485 was denied!!! Don't know what to do!!! I was previously (9 years ago) married and received a 2 year conditional green card, that relationship ended up on divorce and after that I was granted DACA. I have no criminal records! I legally entered the country! Will have to wait to see the letter they send, but does anyone have a similar experience!

    Thank u all!
    That sucks! Did you get any RFIE at all? Guess, you really have to wait for the letter to see why they denied it. Best of luck. Keep us updated
    Filed I-130, I130A, I-485, I-765 & I-864
    Date Mailed: 01/25/2018
    Date Received: 01/30/2018
    Date Received NOA Letters: 02/06/2018
    Received Biometrics Letter: 02/17/2018
    Biometrics Done: 02/26/2018
    RFIE (I485): 02/23/2018
    RFIE in mailbox: 3/3/2018
    RFIE received by USCIS: 3/8/2018
    USCIS update - EAD being produced and sent to me: 5/25
    EAD sent me to: 5/31
    I-485 "ready to schedule interview: 6/1
    EAD in hand: 6/4
    i485 interview notice has been sent in the mail: 6/4

    Comment


    • #3
      Hi and sorry for your apparent denial. Have you checked your case online to verify the message you received is correct, I think there have been some cases of incorrect messages being sent out. This may or may not be the case and is worth checking just to verify.

      I filed for AOS last year (January) and too had previously received approval for a 2 year conditional green card via a prior marriage to a USC that ended in divorce prior to 2 years. In my case I never received a physical green card only an I-551 stamp in my passport (valid for 2 years I believe without going and looking and checking). I originally entered the US in 1988 (and have remained since) and was originally married in 1989. I married my current wife in 2000 and for one reason and another we never got round to filing for AOS until last year and decided it was something we needed to do ASAP due to the current political climate.

      When I submitted my application I included all the details of my prior case (Alien Registration # & SSN) including photocopies of all the pages of my original passport with the I-551 stamp etc... in it. We filed in Los Angeles and received our interview in June last year and were approved the day after the interview for my 10 year green card. I had been out of status since some time in 1991 I guess (again with out checking all my paperwork).

      I have no criminal record of any kind and my wife was my sole sponsor. We self filed and completed all the paperwork ourselves. I consulted with a couple of Lawyers online asking a couple of questions regarding any issues there may be with filing for AOS giving them the brief details of our circumstances. We didn't received any RFE's throughout the process.

      Feel free to ask any questions you may have.

      Here is a link to my timeline should you care to read it





      Originally posted by BlueOrchard View Post
      Hello all,

      Last month on March 8th we had our interview for AOS based on marriage to a US citizen. We thought it went well but they didn't approve it but refered it to review. On March 19th they approved the petition I130 so we got excited but the 485 was still being reviewed. Today April 6th we got a notification from their website that my I 485 was denied!!! Don't know what to do!!! I was previously (9 years ago) married and received a 2 year conditional green card, that relationship ended up on divorce and after that I was granted DACA. I have no criminal records! I legally entered the country! Will have to wait to see the letter they send, but does anyone have a similar experience!

      Thank u all!

      Comment


      • #4
        Originally posted by S_R_E View Post
        Hi and sorry for your apparent denial. Have you checked your case online to verify the message you received is correct, I think there have been some cases of incorrect messages being sent out. This may or may not be the case and is worth checking just to verify.

        I filed for AOS last year (January) and too had previously received approval for a 2 year conditional green card via a prior marriage to a USC that ended in divorce prior to 2 years. In my case I never received a physical green card only an I-551 stamp in my passport (valid for 2 years I believe without going and looking and checking). I originally entered the US in 1988 (and have remained since) and was originally married in 1989. I married my current wife in 2000 and for one reason and another we never got round to filing for AOS until last year and decided it was something we needed to do ASAP due to the current political climate.

        When I submitted my application I included all the details of my prior case (Alien Registration # & SSN) including photocopies of all the pages of my original passport with the I-551 stamp etc... in it. We filed in Los Angeles and received our interview in June last year and were approved the day after the interview for my 10 year green card. I had been out of status since some time in 1991 I guess (again with out checking all my paperwork).

        I have no criminal record of any kind and my wife was my sole sponsor. We self filed and completed all the paperwork ourselves. I consulted with a couple of Lawyers online asking a couple of questions regarding any issues there may be with filing for AOS giving them the brief details of our circumstances. We didn't received any RFE's throughout the process.

        Feel free to ask any questions you may have.

        Here is a link to my timeline should you care to read it

        https://www.immihelp.com/experience/...-its-long.html
        Hi,

        Thanks for your response. I checked my case online and it does say I 130 approved and I 485 denied. We submitted our petitions with the help of a lawyer or his office, just to file all the forms and petitions. I'm hoping the reason of the denied petition is something we need to resend or a misunderstanding. Our interview went well but the interviewer seemed very awkward smiling while asking serious questions we got confused at some point. My only hope now is that our l130 is approved but don't know if that means anything at the end of the day. My husband (USC) has a really good job and I have a good job too, we bought a house, we are expecting a baby on May. Life must go on!

        Thank u all!!
        Please keep sharing your experiences!

        - - - Updated - - -

        Originally posted by BlahBlah1846 View Post
        That sucks! Did you get any RFIE at all? Guess, you really have to wait for the letter to see why they denied it. Best of luck. Keep us updated
        I will keep you all posted! Thanks!!

        Comment


        • #5
          Originally posted by BlueOrchard View Post
          Hello all,

          Last month on March 8th we had our interview for AOS based on marriage to a US citizen. We thought it went well but they didn't approve it but refered it to review. On March 19th they approved the petition I130 so we got excited but the 485 was still being reviewed. Today April 6th we got a notification from their website that my I 485 was denied!!! Don't know what to do!!! I was previously (9 years ago) married and received a 2 year conditional green card, that relationship ended up on divorce and after that I was granted DACA. I have no criminal records! I legally entered the country! Will have to wait to see the letter they send, but does anyone have a similar experience!

          Thank u all!
          If you had a green card, why didn't you keep it? You should have filed Removal of Conditions by yourself on the basis of divorce. In fact, you might still be able to file Removal of Conditions now, if you were never deported.

          We don't know the reason for your I-485 denial until you get the letter, but it's possible that it's due to a provision of law, INA 245(d), that says people granted conditional permanent residence are ineligible to adjust status. However, there is a ruling that this bar no longer applies after USCIS has "terminated" your conditional permanent resident status. See AFM chapter 25.1(d) (on this page, search for "Ineligibility for Adjustment of Status"). I don't know whether your conditional permanent resident status was ever formally "terminated" or not, and maybe the issue is that it was never "terminated", so you can't adjust status.

          This is my personal opinion and is not to be construed as legal advice.

          Comment


          • #6
            Originally posted by newacct View Post
            If you had a green card, why didn't you keep it? You should have filed Removal of Conditions by yourself on the basis of divorce. In fact, you might still be able to file Removal of Conditions now, if you were never deported.

            We don't know the reason for your I-485 denial until you get the letter, but it's possible that it's due to a provision of law, INA 245(d), that says people granted conditional permanent residence are ineligible to adjust status. However, there is a ruling that this bar no longer applies after USCIS has "terminated" your conditional permanent resident status. See AFM chapter 25.1(d) (on this page, search for "Ineligibility for Adjustment of Status"). I don't know whether your conditional permanent resident status was ever formally "terminated" or not, and maybe the issue is that it was never "terminated", so you can't adjust status.
            It was a complicated situation to remove conditions maybe I was wrongly advice. I looked for help back then and the lawyer told me I didn't have enough evidence to remove the conditions. Anyway the fact is that I then proceeded to apply for DACA, again following lawyers advice. As far as I know my conditional green card was terminated and I even received a letter to come to court but the judge dismissed my case because of DACA so removal proceedings we terminated too. We talked about all these situations during the interview, the interviewer even said " hopefully you will get your approval before the baby is born" " we can give you a second interview" and then she said that the response will be within 30 to 40 days. Now, there's nothing left but to wait for the letter with their reasons to deny my I485 and proceed from there.
            Thanks!

            Comment

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