I-485, I-130 denied.

[Papman]

I filed for my spouse after we married in 2015. We did well in interview. I was sent a notice of intent to deny and i was later denied despite trying to defend all their reasons not to approve.
My attorney appealed since March of 2020 to the Board of Immigration Appeal but I have no receipt . I called USCIS and was told they do not have my appeal. I also tracked it on the website of the department of justice and I did not have any information. My attorney told me not to worry that we cannot track appeal. Is there anyone with similar situation. What do I do? I do not want to loose my spouse. She wants to go back to her country because right now she cannot work since one year ago

[UScitizenFilingforspouse]

Papman hi, I am sorry you and your family are going through this.
I would immediately reach out to your US Senator and even your congressperson. They can add a sense of urgency to any inquiry to USCIS.
At the risk of playing devil’s advocate here, is it possible that your attorney never sent the appeal to USCIS?

would you please explain your situation more?
did you respond to the notice of intent to deny?

Did they deny the I-485 AND the I-130?
what reasons did they give you?
at this point, you’ve been married at least for 6 years. You should have a lot of évidence of bona fide marriage.

you may need to have a good talk with your attorney. You may need a different attorney. Often times big names will take cases probono. It does not hurt to ask.

all the best,

USCFFS

ps: keep asking questions. Seek help.

[Papman]

Thank you for your input. We responded to the NOID and they took a decision to reject the application. Is there anyway one could track applications with BOIA?
The I-130 and I -485 were both denied.
i will contact the senator as advised

[UScitizenFilingforspouse]

Papman Hi, I wish I could be more helpful.

Here is why I asked if USCIS had denied both the I-130 and the I-1485. The I-130's purpose is to promote family reunification.When USCIS approves that form, they're saying "yes, we believe you that this is a true marriage based on the evidence of bona fide marriage you presented to us".
The purpose of the I-485 is to allow people who are already in the US to adjust status. Some of the key questions at stake here are:

1. did the intending immigrant enter the US legally?
2. Were they inspected at a US border?
3. Have they committed any felonies?
4. are they eligible to adjust status? (In other words, are they eligible to go through the process in the US OR do they need to return to their country of origin or a 3rd country to finish the process?

Sometimes, USCIS has no issue with the I-130 and the issue is the I-485. So then the person may need to opt for consular processing and get their immigrant visa from a consulate or Embassy in another country.

I do not know much about the BOIA. I do not know much about appealing a denial. What I have observed is that often times it is easier to just start a new process altogether IF of course, the person is not in removal proceedings or if they do not have a NTA (Notice to Appear).

Here is something to think about. It is helpful to know why USCIS denied both applications? Did you respond to the NOID on time? (If you responded late, they would deny it even if you submitted evidence to support your marriage is bona fide.
Were the forms filled out wrong? Did you not have enough evidence of bona fide marriage then? And do you have sufficient evidence now that you have been married for ~6 years?

I definitely think that you should reach out to your US Senator and while you do that, study your case and establish why it was denied, and consult with other attorneys. Most offer a free consultation.

All the best,

USCFFS