Husbands i485 was denied / my i130 is still pending

[WesleyD]

Hi there. We are in desperate need of advice/help. We've spoken to 3 different attorneys and keep getting conflicting information on how to proceed. My husband came here to visit for the third time in June 2018 - we ended up deciding to get married Dec 2018 -- His Visa was a tourist visa. We filed in May the i485 and i130 at the same time. In August they requested more financial proof. I sent, w2's, tax returns, 1099's, bank statements & letter of affidavit from employer. We got a denial letter in the mail saying I didn't send the complete tax return and that he wasn't eligible to appeal the decision and that he has 33 days to leave the United States. We are at a loss on how to proceed. Some are telling us to send an appeal b/c it's without prejudice. But w/ that option he still faces deportation proceedings. The other option we were told was to file another i485 asap, but then we're also being told that since the i130 hasn't been denied or approved yet that if it gets denied, we just wasted another bunch of money and that it would too be denied again, the i485.

[seattle2903]

So you got a denial without an interview, right? I think this is lawyer territory instead of Internet strangers' advice. Get in touch with an immigration lawyer, some offer free consultations. Good luck!

[Maria L]

Hi there. We are in desperate need of advice/help. We've spoken to 3 different attorneys and keep getting conflicting information on how to proceed. My husband came here to visit for the third time in June 2018 - we ended up deciding to get married Dec 2018 -- His Visa was a tourist visa. We filed in May the i485 and i130 at the same time. In August they requested more financial proof. I sent, w2's, tax returns, 1099's, bank statements & letter of affidavit from employer. We got a denial letter in the mail saying I didn't send the complete tax return and that he wasn't eligible to appeal the decision and that he has 33 days to leave the United States. We are at a loss on how to proceed. Some are telling us to send an appeal b/c it's without prejudice. But w/ that option he still faces deportation proceedings. The other option we were told was to file another i485 asap, but then we're also being told that since the i130 hasn't been denied or approved yet that if it gets denied, we just wasted another bunch of money and that it would too be denied again, the i485.

I have the same story; case was denied for the same reasons.
i-485 was denied, but i-130 was not.

Lawyer said that I could file the appeal (even though the letter says you cannot), but there will be no timeline and you will not be able to track it anywhere.
My lawyer recommended to file everything again, which I did. So initially I applied in October 2018, got denied in February 2019 and reapplied before the 33 days.
In July 2019 had the interview and in August I received my SSN and EAD. I'm still waiting for a decision after the interview, but this is a whole different story.

Since your i-130 was not denied, you can always reapply.

[azblk]

Hi there. We are in desperate need of advice/help. We've spoken to 3 different attorneys and keep getting conflicting information on how to proceed. My husband came here to visit for the third time in June 2018 - we ended up deciding to get married Dec 2018 -- His Visa was a tourist visa. We filed in May the i485 and i130 at the same time. In August they requested more financial proof. I sent, w2's, tax returns, 1099's, bank statements & letter of affidavit from employer. We got a denial letter in the mail saying I didn't send the complete tax return and that he wasn't eligible to appeal the decision and that he has 33 days to leave the United States. We are at a loss on how to proceed. Some are telling us to send an appeal b/c it's without prejudice. But w/ that option he still faces deportation proceedings. The other option we were told was to file another i485 asap, but then we're also being told that since the i130 hasn't been denied or approved yet that if it gets denied, we just wasted another bunch of money and that it would too be denied again, the i485.

File another i-485 ASAP and this time include the complete tax return and financials.

[Pkaur]

Hi there. We are in desperate need of advice/help. We've spoken to 3 different attorneys and keep getting conflicting information on how to proceed. My husband came here to visit for the third time in June 2018 - we ended up deciding to get married Dec 2018 -- His Visa was a tourist visa. We filed in May the i485 and i130 at the same time. In August they requested more financial proof. I sent, w2's, tax returns, 1099's, bank statements & letter of affidavit from employer. We got a denial letter in the mail saying I didn't send the complete tax return and that he wasn't eligible to appeal the decision and that he has 33 days to leave the United States. We are at a loss on how to proceed. Some are telling us to send an appeal b/c it's without prejudice. But w/ that option he still faces deportation proceedings. The other option we were told was to file another i485 asap, but then we're also being told that since the i130 hasn't been denied or approved yet that if it gets denied, we just wasted another bunch of money and that it would too be denied again, the i485.

I'm sure you took an action by now. I was in a similar situation where my I485 was denied 33 days ago while my I130 was still pending - reason for denial was my husband who is a USC showed very little income even with a joint sponsor who was my father in law and our attorney reviewed what we filed and told us we filed it incorrectly anyway so she put together a whole new i485 package and we sent before the 33 days were up. Its been almost 2 weeks and I'm yet to hear from USCIS.