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I-485 and I-130 got denied please advise, have 30 days....

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  • I-485 and I-130 got denied please advise, have 30 days....

    hey guys,
    we went for our AOS interview last week and everything went well until the immigration officer lady told us that she can't approve because our marriage is not valid in this state. she sent the letter in the mail and apparantly we got married too soon after my spouse's first marriage. now because we filed the papers and got married withing 6months, the state doesn't see our marriage as valid and hence ineligible for the AOS.

    so we got denied and the letter in the mail says that my spouse has to leave the states within 30 days, but there is no removal proceedings yet. so...

    at the interview, the immigration officer said that we should refile all the papers because at the time of filing we were not eligible due to the waiting period we should have waited before getting married. please answer my questions i just want some advice.

    1. the immigration officer said that she won't call the employer when we asked her if my spouse is still allowed to work.she said technically no, but gave us this smile as if hinting, so does that mean my spouse can work or not? the letter in the mail said that the work authorization is revoked, but the officer said something else and we still have the EAD, so will it do us harm at the next interview if my spouse keeps working?

    2.the letter in the mail said my spouse has to leave withing 30 days of this letter, will we be okay if we file the papers before the 30days is up? she told us to file the papers again when the 6months is up and then we will be eligible. will my spouse still be considered out of status and have to leave? is this normal to be in a denial letter that you have to leave if you don't file again?

    3.should my spouse go for the medical exam again? we did it 7months ago. way before we filed the papers. we got it done early.

    4.it's a week from now and then we will be over the 6month waiting period, will our marriage be valid automatically or do we have to remarry?

    5. we didn't do anything wrong and we do have a lawyer, we just filed the papers too early and got married too early. we didn't know about this waiting period. even our lawyer got mad when we were denied apparantly she doesn't think we are ineligible.

    please be nice, i know some people are very mean but we don't know the laws and just want to know if we will be okay. thank you so much for this forum and your help. we are stressing our heads off.

  • #2
    i would not be worried if i were u. your lawyer should already know all this and tell u not to worry. just refill the papers when the time comes and send it out. if it's before she goes out of status perfect, if not, don't worry about it. i've been out of status for some time and just got my EAD. if u still have the EAD card, just keep on going with your lives till she gets a new card. theoretecly they could bitch about it, but very probably they wont. this is just friendly advice, i'm not a lawyer. good luck buddy

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    • #3
      Why was the marriage deemed invalid in the state? As much as i know there is no waiting period after marriage, immediately after marriage you can file for AOS or consular processing. If you have married your cousin or close relative whose relationship is forbidden then you cannot be married and file at all.

      I am not an attorney, please use any advise at your own risk.
      F3
      My priority date - June 7, 2002


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