Immigration claims that I-485 was approved even though I-130 was not approved therefore i am illegal!

[FRJ 0]

I knew something was odd about this story. How can u get a green card but the 130 was denied? Made no sense. Now u gotta figure out ur next move because it seems like u not filing to remove conditions placed u in quite a bind.

[samual09 0]

wow! i always thought if you get the green card you do not have to file to remove the conditional..

can you help with one more question:

you mentioned the date i was "granted conditional status" !? is it the date i entered the usa or the the date i was given the k-3?

it does not matter since both passed but just want to know SINCE i got the green card less than 2 years from the date i entered the USA

[Dakine 26]

wow! i always thought if you get the green card you do not have to file to remove the conditional..

can you help with one more question:

you mentioned the date i was "granted conditional status" !? is it the date i entered the usa or the the date i was given the k-3?

it does not matter since both passed but just want to know SINCE i got the green card less than 2 years from the date i entered the USA

You are in DEEP da kine!!!

You were granted CPR when your GC was approved. That will be the date on your GC.

2 years from that date your GC was automatically revoke and you are out of status now. You should have filed to remove conditions within/before 90 days of the 2 year date of your GC expiration.

You will/ should get a letter stating when removal proceedings will be.

Best if you file the I-751 NOW with a GOOD reason you were late filing.

Get a GOOD immigration lawyer also.

Edited March 16, 2009 by Haole

[sib 7]

What is the expiration date on your GC?

Maybe you have gotten a 10-year GC already. Check the expiration date and let us know.

[payxibka 10,048]

it is possible based on the facts that the OP was granted permanent status immediately if his marriage was 2+ years when GC was approved.. If so no I-751 would be required

[Cino 5]

Thank you Haole, answering that question for me.

I totally aggree with you. He has 2 strikes :

1) 485 Accepted but 130 Denied ( Actually there is no such a thing, it is impossible,

let's say it was a mistake for the sake of it. This issue is not my concentration now).

2) Did not remove his conditional status on time. He has to have very very very very

big excuse for late filing. I do not know what it would be in his case.

He can appeal, it will definitely cost him BIG time & BIG money.

This case is closed, Next Please....

[samual09 0]

Thank you Haole, answering that question for me.

I totally aggree with you. He has 2 strikes :

1) 485 Accepted but 130 Denied ( Actually there is no such a thing, it is impossible,

let's say it was a mistake for the sake of it. This issue is not my concentration now).

[samual09] Wait ! The I-130 was never denied. the immigration acknowledge they made a mistake by approving i-485 before i-130 was processed.

i-130 petition is still PENDING (more than 6 years after i filled!!!)

2) Did not remove his conditional status on time. He has to have very very very very

big excuse for late filing. I do not know what it would be in his case.

[samula09] I got the green card on 04/2005. why should i file for I-765. From a legal pov, i have the green card, so my status is permanent, so no need to file the I-765. if what you are saying is true, how come they game the green card!?

He can appeal, it will definitely cost him BIG time & BIG money.

This case is closed, Next Please....

[samula09] i am sorry but i hope you are wrong.. if the USCIS made a mistake, they should fix it. anyway, i will send you an update next week!

it is possible based on the facts that the OP was granted permanent status immediately if his marriage was 2+ years when GC was approved.. If so no I-751 would be required

[samula09] This is exactly what the lawyers say. i did not need to file the I-751 since i got the green card. if this wa an issue, the USCIS would have told me i am "illegal" before they gave me the GC.

What is the expiration date on your GC?

Maybe you have gotten a 10-year GC already. Check the expiration date and let us know.

[samula09] 2014 is the expiration date of my GC.

[FRJ 0]

Thank you Haole, answering that question for me.

I totally aggree with you. He has 2 strikes :

1) 485 Accepted but 130 Denied ( Actually there is no such a thing, it is impossible,

let's say it was a mistake for the sake of it. This issue is not my concentration now).

[samual09] Wait ! The I-130 was never denied. the immigration acknowledge they made a mistake by approving i-485 before i-130 was processed.

i-130 petition is still PENDING (more than 6 years after i filled!!!)

2) Did not remove his conditional status on time. He has to have very very very very

big excuse for late filing. I do not know what it would be in his case.

[samula09] I got the green card on 04/2005. why should i file for I-765. From a legal pov, i have the green card, so my status is permanent, so no need to file the I-765. if what you are saying is true, how come they game the green card!?

He can appeal, it will definitely cost him BIG time & BIG money.

This case is closed, Next Please....

[samula09] i am sorry but i hope you are wrong.. if the USCIS made a mistake, they should fix it. anyway, i will send you an update next week!

it is possible based on the facts that the OP was granted permanent status immediately if his marriage was 2+ years when GC was approved.. If so no I-751 would be required

[samula09] This is exactly what the lawyers say. i did not need to file the I-751 since i got the green card. if this wa an issue, the USCIS would have told me i am "illegal" before they gave me the GC.

ok first of all....u should have been clear with your issue from the onset because alot of the stuff you are sayin makes no sense...how can u be approved for 485 but the 130 is still pending....even 6 years later...makes no sense.

we asked for the expiration date on ur gc and you are yet to provide that. everybody on here knows that you need to file to remove conditions after you get the initial 2 year gc. you arre either trying to yank our chains with your outrageous story or you just don't know what you talkin about and from ur last post i am convinced its the latter.

[Kez/JWolf 6]

I am even more confused now. You say you got the greencard in April 2005. but you then say it expires in 2014, so your card is valid for only 9 years.

Look at your Greencard it says "Resident Since" 00/00/0000 and Expires 00/00/0000 Please give us the dates from your Greencard not your best guess.

How long had you been married when you were approved for your Greencard?

[FRJ 0]

I am even more confused now. You say you got the greencard in April 2005. but you then say it expires in 2014, so your card is valid for only 9 years.

Look at your Greencard it says "Resident Since" 00/00/0000 and Expires 00/00/0000 Please give us the dates from your Greencard not your best guess.

How long had you been married when you were approved for your Greencard?

i think this thread should be closed..this story makes no sense and it gets weirder every time.its like this stuff is being dreamed up as this person goes along. this is a forum for people who want actual help...provide significant details or beat it...!

[Kez/JWolf 6]

I am even more confused now. You say you got the greencard in April 2005. but you then say it expires in 2014, so your card is valid for only 9 years.

Look at your Greencard it says "Resident Since" 00/00/0000 and Expires 00/00/0000 Please give us the dates from your Greencard not your best guess.

How long had you been married when you were approved for your Greencard?

i think this thread should be closed..this story makes no sense and it gets weirder every time.its like this stuff is being dreamed up as this person goes along. this is a forum for people who want actual help...provide significant details or beat it...!

If every person who did not make sense in their post was told to leave VJ the place would be empty. It could be that the OP does not have good english skills. Have some patience and ask the right questions and we will eventually get the info we need to be able to help.

[FRJ 0]

I am even more confused now. You say you got the greencard in April 2005. but you then say it expires in 2014, so your card is valid for only 9 years.

Look at your Greencard it says "Resident Since" 00/00/0000 and Expires 00/00/0000 Please give us the dates from your Greencard not your best guess.

How long had you been married when you were approved for your Greencard?

i think this thread should be closed..this story makes no sense and it gets weirder every time.its like this stuff is being dreamed up as this person goes along. this is a forum for people who want actual help...provide significant details or beat it...!

If every person who did not make sense in their post was told to leave VJ the place would be empty. It could be that the OP does not have good english skills. Have some patience and ask the right questions and we will eventually get the info we need to be able to help.

understood....but look at how many inconsistencies, and we're talkin about immigration protocol, we not even delving into the language/communication aspect of it. from many angles, this story just doesn't make sense. when have you even heard of an IO approving the 485 to cover their tracks after they lost the 130?

[Cino 5]

FRJ, I do totally agree with you %100. I am trying to help him. He is not

answering my questions, he is making up stories. That is why I closed the case.

I have never heard to cover up the mistake by giving 10 yr GC. It is so funny.

Let's cut this out. I don't want to waste my time anymore. Because he is not sincere.

NEXT CASE PLEASE !....

[samual09 0]

Ok.

Guys, please be patient with me. This forum is to help people and NOT to prove that someone is smarter or dumber.

This is my reality, and I really do not care if you believe me or not.

If you can help me, please do so; if not please keep you derogatory comments to yourself; I am already in big TROUBLE and I do not need more STRESS.

Everyone who looked at my papers was stunned and could not believe their eyes. That’s why you will

Let me reiterate the chronology of events

- We got married on nov 2002

- I-130 was filled on jan 2003

- I-129F was filled soon after that (you need the I-130 receipt to file an I-129F)

- I-129F was approved on 04/2003

- K3 was given to me on 05/2003 outside the US

- I traveled to the US soon after that (summer 2003)

- on 05/2004, my spouse filled the I-485 "AOS" because the law was changed at that time stating that you do not have to wait for the I-130 to be approved, and that both applications can be processed on parallel

- on 05/2005 - i was interviewed by immigration for AOS, and few weeks later i received the GC.

- The GC card issue date is XX/XX/2005. Expiration is XX/XX/2015.

- 3 years later, on 06/2008, i filled for naturalization

- i was interviewed during Summer 2008 by a naturalization officer and i passed the English/history tests

- 6 months later, i received a letter denying my naturalization application, and stating the following:

<<<< Notice to appear (I-862) has been issued to you regarding your inadmissibility at time of adjustment of status. therefore, under section 318 of the Act you cannot be naturalized due to outstanding removal proceeding pending against you >>

Now, here my answers to few questions

- I-751 was never filled because I was given the GC. the GC will not expire until mid 2015; why should I file I-751? I AGREE THIS COULD BE THE MISTAKE. the layers told me this is not a problem since i received a GC.

- The immigration acknowledges they made a mistake by approving the I-485 since I-130 was still in process. Their letter clearly states it.

- I-130 has never been denied, it is still in process. the letter clearly states it

Last, Again - if you have a constructive criticism please do so, otherwise keep it to yourself.

I am already talking to lawyers, and everyone of them was STUNNED and COULD NOT believe the facts of this case. that's why i am not surprised that people are questiong my story since i have hard time believing it myself !!!!!!!! nevertheless, i have all the papers to prove what i am saying, and the lawyers agreed in the end that they cannot find anything wrong with what i did.

[Dakine 26]

Ok.

Guys, please be patient with me. This forum is to help people and NOT to prove that someone is smarter or dumber.

This is my reality, and I really do not care if you believe me or not.

If you can help me, please do so; if not please keep you derogatory comments to yourself; I am already in big TROUBLE and I do not need more STRESS.

Everyone who looked at my papers was stunned and could not believe their eyes. That’s why you will

Let me reiterate the chronology of events

- We got married on nov 2002

- I-130 was filled on jan 2003

- I-129F was filled soon after that (you need the I-130 receipt to file an I-129F)

- I-129F was approved on 04/2003

- K3 was given to me on 05/2003 outside the US

- I traveled to the US soon after that (summer 2003)

- on 05/2004, my spouse filled the I-485 "AOS" because the law was changed at that time stating that you do not have to wait for the I-130 to be approved, and that both applications can be processed on parallel

- on 05/2005 - i was interviewed by immigration for AOS, and few weeks later i received the GC.

- The GC card issue date is XX/XX/2005. Expiration is XX/XX/2015.

- 3 years later, on 06/2008, i filled for naturalization

- i was interviewed during Summer 2008 by a naturalization officer and i passed the English/history tests

- 6 months later, i received a letter denying my naturalization application, and stating the following:

<<<< Notice to appear (I-862) has been issued to you regarding your inadmissibility at time of adjustment of status. therefore, under section 318 of the Act you cannot be naturalized due to outstanding removal proceeding pending against you >>

Now, here my answers to few questions

- I-751 was never filled because I was given the GC. the GC will not expire until mid 2015; why should I file I-751? I AGREE THIS COULD BE THE MISTAKE. the layers told me this is not a problem since i received a GC.

- The immigration acknowledges they made a mistake by approving the I-485 since I-130 was still in process. Their letter clearly states it.

- I-130 has never been denied, it is still in process. the letter clearly states it

Last, Again - if you have a constructive criticism please do so, otherwise keep it to yourself.

I am already talking to lawyers, and everyone of them was STUNNED and COULD NOT believe the facts of this case. that's why i am not surprised that people are questiong my story since i have hard time believing it myself !!!!!!!! nevertheless, i have all the papers to prove what i am saying, and the lawyers agreed in the end that they cannot find anything wrong with what i did.

You having the 10 year GC makes it you not having filed the I-751 has nothing to do with your problem. One reason for denial out of the way. Good luck!

Get your senator involved. They can find out reassons for denial sometimes.