I-765 and I-485 denied

[mambagigi]

Hi guys!

I am an F1 student and got married back in October 2018. I graduated in December 2018 and I applied for adjusting status through my spouse, who is a US citizen in the beginning of January 2019, while my visa would still be in status. I did my biometrics a month later and since then haven't received any updates, only my spouse's I-130 got transferred to a local USCIS office.

Today I received an email stating that my i-485 and i-765 have been denied (no updates on the I-130 yet), and we are a little confused as we haven't even got a scheduled interview nor a request of evidence (RFE) of any sort. Our relationship is genuine. We have been together for 3 years, and we have lots of proof. We don't know why they were denied nor what went wrong. Has anybody been in the same situation? Any idea of why this happened? Why we didn't get a chance to interview? What should we do next?

What happens with my status? Am I able to apply again without having to leave the states?

[mnewportland]

Do you live together since you got married? Is she your sponsor or did you have to get a joint sponser? Did you chanhe addresses? Did you have your applications reviewed by an attorney or did you file them on scratch on your own?
Also did you work after marriage without OPT or EAD?

Please give more information. You should also try to seek an attorney's help as soon as you can!

[Enub4]

I'm no expert. You will need to wait for the denial to see what went wrong. Now they have the power to just deny without sending a letter of intention. I guess the denial should have more information about your options and may give you time to try to re-open or re-file. Good luck.

[mambagigi]

Do you live together since you got married? Is she your sponsor or did you have to get a joint sponser? Did you chanhe addresses? Did you have your applications reviewed by an attorney or did you file them on scratch on your own?
Also did you work after marriage without OPT or EAD?

Please give more information. You should also try to seek an attorney's help as soon as you can!

Hi,

No, we don't live together, yet we were planing to move next month as we both have signed leases that we couldn't get out of. We were expecting on proving all this information on the interview.

Yes, she's my sponsor but didn't get any RFE of her tax returns nor any other financial proof.

No, we didn't change any address, and no we didn't have an attorney.

No I haven't worked at all since I have been in the states.

[tongx171]

Hello there,

Did you figure out the reason? Same thing happened to me today. Both my I765 and I-485 got denied after my bio metric since July.
What was he reason they mailed to you? We live together and been married since last may and we were together for past 5 years. Please help me.

Thank you

[JaydenDad]

For mambagigi i think the reason for denial is the fact that you guys did not have the 'Same Residence'. My advice to you is get a lawyer, file an appeal and redo it over.
.. tongx171 , any criminal record? Other than that, read the denial notice and see what they say and you can always appeal(time to hire an immigration attorney). Goodluck, just never quit!

[tongx171]

Hi!

No, no criminal record for us

I did some research last night and found out that we forgot to file form I-864. Before September,2019 USCIS usually will send a letter to request further evidence (RFE)
However they canceled this policy in Sep 2019 so if you forgot any forms or evidence they can deny the case without any notice.

https://www.uscis.gov/news/news-releases/uscis-updates-policy-guidance-certain-requests-evidence-and-notices-intent-deny

Attched is the article.

Bottom second bulletin: "Cases where the regulations, the statute, or form instructions require the submission of an official document or other form of evidence establishing eligibility at the time of filing and there is no such submission. For example, an Affidavit of Support (Form I-864), if required, was not submitted with an Application to Register Permanent Residence or Adjust Status (Form I-485)."

I am still waiting on the letter and also scheduled a consultation with an attorney. I think my next step is to re-file my I-485 with I-765. This time instead of DIY I will work with my attorney. I will have to wait for very long for my new EAD but at least there is hope.

I hope this is helpful for anyone who saw this post...

[Penny15]

For mambagigi i think the reason for denial is the fact that you guys did not have the 'Same Residence'. My advice to you is get a lawyer, file an appeal and redo it over.

I don't think that was the reason. My husband and I don't live together and we were scheduled for an interview today. It could have been that you did not send enough evidence?

As the post above said, if they think you were missing a ton of information, they could just denied it without RFE

[notpatientanymore]

For mambagigi i think the reason for denial is the fact that you guys did not have the 'Same Residence'. My advice to you is get a lawyer, file an appeal and redo it over.
.. tongx171 , any criminal record? Other than that, read the denial notice and see what they say and you can always appeal(time to hire an immigration attorney). Goodluck, just never quit!

There might be a zillion reasons a married couple don’t live together for a short period of time. People get jobs in different states or cities / have to commute long distance / get stuck in job or rental contracts. These are real reasons in a perfectly
normal marriage and if uscis is denying applications based on only this fact - its not right on their part

[JaydenDad]

Wow, i never knew they could flat out Deny a petition based on missing info without sending a RFE ????.

[manhattanite]

I'm under the impression that when major forms are missing, they will directly deny without RFE. If all forms are present, but certain documents are missing, that's when they'll send an RFE.