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i130 and i485 both denied - Need help

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  • i130 and i485 both denied - Need help

    Hello, Please l serious need help.

    our i130 and i485 were both denied based on sham marriage. USCIS wrote a long detailed report about some discrepancies which ranges from an address on my wives phone record, a police report she filed with another address and she didnt call my complete name in the first interview. We filed the application ourselves in 2017 and did not know what to expect since we were newly married and we did not have the fund to hire a lawyer then.
    long story short, both the i130 and i485 were denied base on 204c calling our marriage a shame marriage. we are still married and happy together and we are not getting a divorce any time soon.


    These are my questions:

    will l be placed on removing proceeding? also, how soon ?

    Can we appeal the case and provide more documents to support the case ?

    can we file a new application with my wife now? how soon ?

    I am out of status but can l still file for the NIW since l have a masters degree and l have worked in the health sector for the passed 2 years ?

    Please any advise will help.

    Thanks







  • #2
    I hope you can file again. Do you have money to hire a lawyer now?
    Nov 2018 - Package sent - EB - Texas Service Center
    Day 1 - Package received at the lockbox
    Day 999 - Card delivered to me - Aug 2021
    ---
    All my posts are based on my experience or information I read on the forums or the USCIS website. I may be wrong. Please consult a professional.

    Comment


    • #3
      So sorry about this! in my opinion you should hire a lawyer, you can appeal but this time through court and you have to use any resource. Hope it goes well for you mate!

      Comment


      • #4


        Originally posted by blistex View Post
        Hello, Please l serious need help.

        our i130 and i485 were both denied based on sham marriage. USCIS wrote a long detailed report about some discrepancies which ranges from an address on my wives phone record, a police report she filed with another address and she didnt call my complete name in the first interview. We filed the application ourselves in 2017 and did not know what to expect since we were newly married and we did not have the fund to hire a lawyer then.
        long story short, both the i130 and i485 were denied base on 204c calling our marriage a shame marriage. we are still married and happy together and we are not getting a divorce any time soon.


        These are my questions:

        will l be placed on removing proceeding? also, how soon ?

        Can we appeal the case and provide more documents to support the case ?

        can we file a new application with my wife now? how soon ?

        I am out of status but can l still file for the NIW since l have a masters degree and l have worked in the health sector for the passed 2 years ?

        Please any advise will help.

        Thanks





        Did you file enough evidence? Photos? Health insurance together? 401k? Cars? Out of curiosity, how long have you been together? Any marriage photos? I’m just curious
        Newark Field Office. I485, I765, I130, I31 Marriage AOS
        1/28/19 -case has been accepted
        2/9/19 - Fingerprint review was COMPLETED on I-765 and I-485
        2/12/19 - (I-485) Case b • 10/4/19 - Interview cancelled
        10/19/19 - Interview was scheduled
        12/3/19 - Interview completed!it
        12/9/19 - New card is being produced
        12/10/19 - i485 and I-130 case was approved

        Comment


        • #5
          Originally posted by blistex View Post
          Hello, Please l serious need help.

          our i130 and i485 were both denied based on sham marriage. USCIS wrote a long detailed report about some discrepancies which ranges from an address on my wives phone record, a police report she filed with another address and she didnt call my complete name in the first interview. We filed the application ourselves in 2017 and did not know what to expect since we were newly married and we did not have the fund to hire a lawyer then.
          long story short, both the i130 and i485 were denied base on 204c calling our marriage a shame marriage. we are still married and happy together and we are not getting a divorce any time soon.


          These are my questions:

          will l be placed on removing proceeding? also, how soon ?

          Can we appeal the case and provide more documents to support the case ?

          can we file a new application with my wife now? how soon ?

          I am out of status but can l still file for the NIW since l have a masters degree and l have worked in the health sector for the passed 2 years ?

          Please any advise will help.

          Thanks





          Talk to a lawyer ASAP. Most of the time it is better to file a new petition rather than get mired in appeals which will be just as expensive and take as long. There is a new policy to place every failed applicant in removal if they dont a legal status to fall back in. A determination of marriage fraud ( sham marriage) is very serious and will earn you a lifetime BAN. You really need a lawyer for this one.

          Comment


          • #6
            Definitely get a good lawyer. I’m currently going through same process.
            Marriage AOS (from tourist visa)
            Received Nov 4th& Priority Date also Nov 4th
            I130 i485 & work permit (did not apply for travel documents )

            Nov 15 received 2 hard copies for NOA
            Nov 22 Received biometrics appointment Notice
            Biometrics done, Dec 2nd.

            Jan 6 2020 courtesy letter for missing medical (dated Dec 31 2019, mailed Jan 2nd 2020)
            Ready to be scheduled for interview (Jan 31st 2020)

            “Nothing can stop Gods plan for your life” Isaiah 14:27

            Comment

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