Jump to content
dwickwire

I485 Denied, What are the options

By dwickwire in Bringing Family Members of Permanent Residents to America

 Share

11 posts in this topic

Recommended Posts

amykathleen2005 Proficient

amykathleen2005   441

Posted
Filed: Lift. Cond. (apr) Country: England
 Timeline
Posted

Why was it denied? How did your spouse enter the country?

England.gif England!

And in this crazy life, and through these crazy times

It's you, it's you, You make me sing.

You're every line, you're every word, you're everything.

b0cb1a39c4.png

ROC Timeline

Sent: 7/21/12

NOA1: 7/23/12

Touch: 7/24/2012

Biometrics: 8/24/2012

Card Production Ordered: 3/6/2013

*Eligible for Naturalization: October 13, 2013*

Inky Grand Master

Inky   1,111

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

Why was it denied? VJ members cant really help unless they know the reason.

-------------------------------------------- as1cE-a0g410010MjgybHN8MDA5Njk4c3xNYXJyaWVkIGZvcg.gif

Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

VanessaTony Grand Master

VanessaTony   3,567

Posted
Filed: Citizen (apr) Country: Australia
 Timeline
Posted (edited)
Hello, I just noticed on my application status for my wife that the application for I485 has been denied. What are my options now?

I see that I can file a Motion to Reconsider but it looks like its $630!! This is so corrupt makes me want to leave my own country.

What visa did she enter on? if she arrived on anything but a K1, did you remember to file the I-130 with it?

And why was it denied? Do you know yet? Did you get an RFE that you didn't reply to, or replied late to?

Edited by Vanessa&Tony

Aussie K1 process - http://www.visajourney.com/forums/topic/206016-australian-beneficiaries-packet-3-to-interview-date/
AOS, EAD & AP - the Aussie Way (including document list) - http://www.visajourney.com/forums/topic/235331-aos-ead-ap-from-k1-the-aussie-way-doc-list-included/
ROC April 2012 - http://www.visajourney.com/forums/topic/358760-i-751-april-2012-filers/ (includes document list)
N-400 April 2013 - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/ (includes document list)

N-400 Interview review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6381814

N-400 Oath Ceremony review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6537699
Aussie Chat page continued - http://www.visajourney.com/forums/topic/331922-new-2011-land-downunder-aussie-aussie-aussie-oi-oi-oi/
Aussie Name Change on Passport Process - http://www.visajourney.com/forums/topic/248400-australian-passport-name-change-process/
Travel on maiden name passport with married name GC, tickets in married name - http://www.visajourney.com/forums/topic/183541-land-downunder-aussie-aussie-aussie-oi-oi-oi/page__view__findpost__p__4135806
Shipping Costs from Aus to US - http://www.visajourney.com/forums/topic/293179-shipping-costs-aus-to-usa/

Notes:
- For my "standard" timeline please see timeline to the left
- For timeline with Aussie specifics & more detailed info, please see the "About Me" section of my profile

dwickwire Rookie

dwickwire   0

Posted
Filed: Other Country: Germany
 Timeline
  • Author
Posted

Hi all, so... turns out she was denied because we didn't show up for the interview and didn't reschedule. We never received a notice for all of that! This could be because her name was not on the mail box (even though we received other letters from the USCIS)

Anyway, now they are asking her to leave voluntarily and that her work permit is no longer valid. This is so stupid.

What are my options now?

dwickwire Rookie

dwickwire   0

Posted
Filed: Other Country: Germany
 Timeline
  • Author
Posted

Hi all, so... turns out she was denied because we didn't show up for the interview and didn't reschedule. We never received a notice for all of that! This could be because her name was not on the mail box (even though we received other letters from the USCIS)

Anyway, now they are asking her to leave voluntarily and that her work permit is no longer valid. This is so stupid.

What are my options now?

They even had "In Care of {my name}" on it!!! So stupid.

Brother Hesekiel Mentor

Brother Hesekiel   2,236

Posted
Filed: Other Timeline
Posted

Sucks, big time.

It's beyond me why we have to pay silly money to USCIS and they can't even provide a safe means of communication and send notices of paramount importance via registered mail which would require a signature and, in case nobody's home, a note on the door so that the recipient can pick the mail up at the local post office.

I don't know the circumstances of your wife's arrival in the US. Simplified, if she arrived with a visa and has no dead bodies in the closet, there's no reason to deny AOS. However, if your wife arrived in the US on a Visa Waiver, she most likely surely has accumulated overstay right now.

Really, before we go any further in determining the best line of action, give us a timeline and let us know how and when your wife arrived in the US, and, also important, more details about this "asking her to leave."

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

dwickwire Rookie

dwickwire   0

Posted
Filed: Other Country: Germany
 Timeline
  • Author
Posted

Well, I have 30 days to retort. She is overstayed right now but was here on a B1. I haven't read the document asking her to leave yet, (as I'm at work) but she originally came on a B1 extended to last Nov 2010. The interview was supposed to be on Jan 18th so not too long ago.

I called an immigration lawyer aquaintance of mine who suggested the best course of action is to restart the entire application. His reasoning was that a MTR will fail and waste time because it is not their fault, it is the fault of the post office or myself.

That seems kinda outrageous to me that I must restart the whole application when I just need to reschedule a appointment.

Thats where I'm at currently... my wife said that there was a notice on the USCIS that the mail was returned to them so I don't know if that affects anything.

Brother Hesekiel Mentor

Brother Hesekiel   2,236

Posted
Filed: Other Timeline
Posted

Okay, she came with a visa, so that's good.

The MTR costs $630, a new AOS petition $1,070, although you shouldn't need the biometrics again. However, shouldn't really means not much when it comes to USCIS, neither does logic or "fault." The I-130 should be valid nonetheless.

Frankly, I'd like to hear from JimVaPhuong on this one.

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

dwickwire Rookie

dwickwire   0

Posted
Filed: Other Country: Germany
 Timeline
  • Author
Posted

Ok so I spent 2 hours on the phone with the USCIS last night, we ended up creating a service ticket of some sort which will cuase them to look into it (whether they are at fault or not). Afterwards they escalated my call to the next tier and the lady there said to make an appointment at the USCIS Field Office to discuss it with a field officer because they would be the only one able to make the decision.

So thats where I'm now. Thanks for the input so far!

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...