I485 DENIED

[mohammedsafi 0]

MY I485 WAS DENIED BECAUSE MY WIFE WITHDRAWED THE I864 FOR THE SECOND TIME AND I NEED TO LEAVE USA IN 30DAYS. MY QUESTION IS , IF I WENT BACK TO MY CONTRY WILL I HAVE THE CHANCE TO COME BACK TO USA AND ADJUSTE MY STATUS? I'M STILL MARRIED TO MY WIFE AND WE WANT WORK ON THINGS AND HONESTLY GOING BACK TO MY CONTRY WIL BE A CHANCE FOR ME AND MY WIFE TO THINK ABOUT THINGS.THANK YOU

[Inky 1,111]

If you leave america before green card and before AP card you cannot enter and AOS, they will not let you. You will have to file all over again using the CR-1 process. Pay the fees and wait the time.

[Otto 83]

Thats a pretty serious situation to be in. It sounds like you have been asked to voluntarily leave the country - without knowing all the facts in your particular case, it may be in your best interests to consider doing what USCIS has asked. If you are able, I'd suggest consult with a qualified family-based immigration attorney before you do.

[Gary and Alla 3,694]

MY I485 WAS DENIED BECAUSE MY WIFE WITHDRAWED THE I864 FOR THE SECOND TIME AND I NEED TO LEAVE USA IN 30DAYS. MY QUESTION IS , IF I WENT BACK TO MY CONTRY WILL I HAVE THE CHANCE TO COME BACK TO USA AND ADJUSTE MY STATUS? I'M STILL MARRIED TO MY WIFE AND WE WANT WORK ON THINGS AND HONESTLY GOING BACK TO MY CONTRY WIL BE A CHANCE FOR ME AND MY WIFE TO THINK ABOUT THINGS.THANK YOU

No, you cannot return of you leave and if she doesn't sponsor you then you cannot stay. Bon Voyage.

[Eric-Pris 1,607]

MY I485 WAS DENIED BECAUSE MY WIFE WITHDRAWED THE I864 FOR THE SECOND TIME AND I NEED TO LEAVE USA IN 30DAYS. MY QUESTION IS , IF I WENT BACK TO MY CONTRY WILL I HAVE THE CHANCE TO COME BACK TO USA AND ADJUSTE MY STATUS? I'M STILL MARRIED TO MY WIFE AND WE WANT WORK ON THINGS AND HONESTLY GOING BACK TO MY CONTRY WIL BE A CHANCE FOR ME AND MY WIFE TO THINK ABOUT THINGS.THANK YOU

She has basically told you twice that you are not important to her. And you are still interested in this woman? Or are you more interested in just being able to stay in the US, no matter what the sitaution?

[New Beginnings 32]

MY I485 WAS DENIED BECAUSE MY WIFE WITHDRAWED THE I864 FOR THE SECOND TIME AND I NEED TO LEAVE USA IN 30DAYS. MY QUESTION IS , IF I WENT BACK TO MY CONTRY WILL I HAVE THE CHANCE TO COME BACK TO USA AND ADJUSTE MY STATUS? I'M STILL MARRIED TO MY WIFE AND WE WANT WORK ON THINGS AND HONESTLY GOING BACK TO MY CONTRY WIL BE A CHANCE FOR ME AND MY WIFE TO THINK ABOUT THINGS.THANK YOU

She has basically told you twice that you are not important to her. And you are still interested in this woman? Or are you more interested in just being able to stay in the US, no matter what the sitaution?

I agree with this. I don't think I would be so quick to say that she doesn't feel he isn't important. However, I do agree that there are obviously issues there that are big enough where she would want out of the marriage.

[mohammedsafi 0]

do you know , i tried to write my situation not because i need some one to judge me, i need help, so if you can help thank you but if ur here to show that ur smart by judging others without knowing them, i don't think it's i good idea, we had prob like every couples, and i beleive everybody can be in like such situation, i'm asking just help.thank you.

[Chica Yeyé 41]

If she withdrew the affidavit of support and you have been asked to leave, you have to do so.

And indeed, you should consult a competent immigration attorney as soon as possible.

[mohammedsafi 0]

it was just hard on us ,especially with the kids and her ex, believe me i love my wife and she loves me too, just the circomstances did help us, if you want to know till now we are living normal, eventhought i will be forced to leave, it was stressfull , she was not happy to do so, we are sil married, i believe that things happened for a raison and i think we need a break.my question is, if i leave USA want to be here legally, can i use I130 ? can i use it any time ?try to explain that form and the process please thank you

[Aubrey 10]

it was just hard on us ,especially with the kids and her ex, believe me i love my wife and she loves me too, just the circomstances did help us, if you want to know till now we are living normal, eventhought i will be forced to leave, it was stressfull , she was not happy to do so, we are sil married, i believe that things happened for a raison and i think we need a break.my question is, if i leave USA want to be here legally, can i use I130 ? can i use it any time ?try to explain that form and the process please thank you

If USCIS has asked you to leave and you want to stay, then you should contact an immigration attorney right away. Otherwise you are ill-advised to stay without obtaining consent from USCIS.

If you wish to leave the country, understand that you will not be allowed to freely re-enter the country again unless you have AP (advanced parole documents) and a continuing greencard application (i-485). In other words, if you left today, you would have no way to re-enter the country. You would need to apply for a CR-1 or K3 Visa in order to be allowed to return. This can take a very, very long time (K3 processing times and CR-1 processing times). Despite marital trouble, if you want to continue your marriage, you two should talk about this seriously before agreeing to potentially YEARS apart.

[justashooter 430]

this is open and shut. your marriage is over, and you need to leave.

too bad your relationship didn't work out, but if it was just a means of immigration, then all's well that ends well.

[Darnell 8,479]

she withdrew the I-864 for the 2nd time? WOW. The first time, ya, I can understand how it went, from reading your prior posts, and I really thought that all would be ok for you. But a 2nd time? YIKES.

I'm not trying to judge here, but I did make some time to read your prior posts, specifically about the 1st withdrawal.

If I understand you correctly, you have ORDERS from USCIS to leave the country within 30 days.

If this is indeed the case, you cannot ignore the ORDER TO DEPART.

I suggest you get an immigration attorney NOW. Then PAY the attorney, then FOLLOW his/her advice.

Good Luck, however it turns out.

FWIW, it you leave, and your wife wants you to return, she'll have to file for an I-130 petition, and IMO, do the process all over again whilst yer living in Morocco.

[sachinky 465]

You shouldn't ignore that order.

Hope everything works out.

[Darnell 8,479]

it was just hard on us ,especially with the kids and her ex, believe me i love my wife and she loves me too, just the circomstances did help us, if you want to know till now we are living normal, eventhought i will be forced to leave, it was stressfull , she was not happy to do so, we are sil married, i believe that things happened for a raison and i think we need a break.my question is, if i leave USA want to be here legally, can i use I130 ? can i use it any time ?try to explain that form and the process please thank you

I remember, vaguely, that if one has been deported, filing a subsequent I-130 MIGHT require a waiver.

But - there's a difference between 'deportation' and 'voluntarily departure under orders'. .. Perhaps someone else can chime in?

Edited November 16, 2009 by Darnell

[TracyTN 237]

To my knowledge, 'deportation' means you were actually removed. 'Voluntary departure' is what happens if, say, you're visiting on the visa waiver program and CBP turns you away. You 'voluntarily' go back to your country.

That said, I have read stories where people who were turned away by CBP later find out they're in the system as 'deported' (I think there was a case on here this a.m. of that very thing) It seems to me that USCIS and CBP aren't always on the same page on such things.

Or maybe my understanding is wrong.