F-1 visa, got married, rejected I-485 without notice!

[luighi 0]

This is really frustrating.

I applied for permanent residence filling i-485, work permit application, and i-130 with my wife. First, we received a receiving notice in March, 2010. Got fingerprints taken on May, 2010. Then, I received my work permit on May, 2010, but only finding out ONLINE (info pass) my i-485 was Denied back in June, 2010. I have been calling since then to request for the denial letter, but they tell me they will send me a new one in 60 days???? It's weird I received a work permit but my I-485 and I-130 had been denied??. To make things great, they told me on the phone, I can't appeal or open a motion to reconsider since 30 days have elapsed from the day of the denial notice??????? this is ridiculous! Now, I don't even know what the reason of denial was!

Could someone help me out or have any advise on what to do??

God bless!

[canadian_wife 1,823]

It is no uncommon to be issued an EAD while and AOS is pending. However, the EAD may have been cancelled.

You also want to find out if you have been put in removal proceedings. After an AOS denial, you are typically given 30 days to leave the US, if this is not so, then removal proceedings can start.

Be proactive about this, make an infopass apt, call USCIS to request a duplicate copy of the denail and contact a lawyer. Don't settle for 'we can't release that information'. No need to be rude, but be stern that this information was not provided to you and you require it. You MAY be able to appeal since you were never notified about the denail (although how you prove that will be difficult - I doubt they'll simply take your word for it)

Good luck

Edited August 31, 2010 by canadian_wife

[luighi 0]

It is no uncommon to be issued an EAD while and AOS is pending. However, the EAD may have been cancelled.

You also want to find out if you have been put in removal proceedings. After an AOS denial, you are typically given 30 days to leave the US, if this is not so, then removal proceedings can start.

Be proactive about this, make an infopass apt, call USCIS to request a duplicate copy of the denail and contact a lawyer. Don't settle for 'we can't release that information'. No need to be rude, but be stern that this information was not provided to you and you require it. You MAY be able to appeal since you were never notified about the denail (although how you prove that will be difficult - I doubt they'll simply take your word for it)

Good luck

[luighi 0]

Hi,

thanks for the words!

I went to a lawyer today, and found out in the USCIS online, that after 12 days that uSCIS sent me my work permit card (which i received), USCIS sent a document for my travel application doc, which was returned to USCIS because the stupid post office couldn't deliver it to me (this really sucks!)

I don't know what to think. My theory is that because the travel doc (which reason I dunno yet) was undeliverable, the i-485 and i-130 were denied.

I already talked to a congressman to get the real denial letter asap.

Also, my wife filled an info pass online today. I will check if Im in the list of deportation, like u said.

What else can I do in order to avoid reapplying again, that would be $1300 lost.

[canadian_wife 1,823]

Have your lawyer contact USCIS to get the denial letter. Also have the lawyer find out if you are in removal proceedings.

As I said, contact USCIS, speak to a supervisor until you get the answers you need

Good luck