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I-485 Denied.

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I have just found out the dreaded news that my I-485 has been denied :(

My husband (USC) and I (UK) got married in April 2009 when I was within my VWP. We didn't file our paperwork until July 2010 due to lack of finances and taking care to fill in everything correctly as we didnt have a lawyer to help us.

In Early December we had our interview which seemed to go very well and my husband recieved notification that the I-130 has been approved. We were then just waiting for my greencard to come through but instead we recieved notice that my I-485 has been rejected. This obviously came as quite a shock and my husband and I are devastated at the thought of having to be apart, especially as my overstay may result in a 10yr ban.

The letter states that as I did not file my AOS within my 90 visa waiver I have overstayed and therefore been denied.

Does any one have any advice for me? I have heard that having to file within the 90 days is a new policy and changed after I put in my paperwork. Do I have a case to re-open? Should I go back to England and file a CR1? Will I be banned for 10yrs and how will this affect the CR1?

Please help my husband and I are so afraid of the prospect of having to be apart :(

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I have just found out the dreaded news that my I-485 has been denied :(

My husband (USC) and I (UK) got married in April 2009 when I was within my VWP. We didn't file our paperwork until July 2010 due to lack of finances and taking care to fill in everything correctly as we didnt have a lawyer to help us.

In Early December we had our interview which seemed to go very well and my husband recieved notification that the I-130 has been approved. We were then just waiting for my greencard to come through but instead we recieved notice that my I-485 has been rejected. This obviously came as quite a shock and my husband and I are devastated at the thought of having to be apart, especially as my overstay may result in a 10yr ban.

The letter states that as I did not file my AOS within my 90 visa waiver I have overstayed and therefore been denied.

Does any one have any advice for me? I have heard that having to file within the 90 days is a new policy and changed after I put in my paperwork. Do I have a case to re-open? Should I go back to England and file a CR1? Will I be banned for 10yrs and how will this affect the CR1?

Please help my husband and I are so afraid of the prospect of having to be apart :(

I am sorry you're going through this. I'm not going to pretend to know the details of this situation but suggest you read this that I saw on a different website a few weeks ago (and remembered when I saw your post): http://britishexpats.com/forum/showthread.php?t=651746

In summary USCIS are taking more of a stand on cases where the non-USC applies to adjust status after the 90 days of VWP has expired (even if the marriage took place within the 90 days) - they are not obliged to approve you, and can deny the application on that basis. It is a 'can', and not a 'will', but at this point it may be a good idea to consider getting some professional advice. I'm sure there are some people out there on VJ who have been there though, and can give you more helpful advice :) Good luck!


Jess
Forewarned is forearmed


See my Timeline for previous USCIS applications

Lifting Conditions
2/20/2013: Filed
2/25/2013: NOA1

7/5/2013: RFE

8/23/2013: Approved

8/31/2013: GC received

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Moving to AOS from tourist, student, work visa.


Removal of Conditions Journey

3/3/2009 - Removal of conditions - sent off packet to CSC

3/5/2009 - I-751 received in CSC

3/9/2009 - Check cashed

3/20/2009 - Biometrics notice received (no NOA1)

4/2/2009 - Biometrics

4/9/2009 - NOA1 date (first undelivered one is 3/5)

4/3/2009 - Touch?

5/6/2009 - ROC Approval - 65 days

6/22/2009 - CRIS Card production ordered email

7/7/2009 - GC arrived!

Naturalization Journey

3/03/2010 N400 sent to Arizona Lockbox

3/15/2010 Check cashed

3/17/2010 NOA1

3/18/2010 - Biometrics notice sent

3/26/2010 Early biometrics done at an ASC different from the one assigned to (Original BIO date was 4/15)

4/30/2010 Yellow letter received and info from USCIS mil line they are working on my interview letter (6/17 appt)

5/1/2010 Text and email interview letter sen

5/6/2010 Interview letter received - scheduled for 6/17/2010 at 10:05am

6/17/2010 Interview appointment - PASSED

6/29/2010 US Citizen

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Unfortunately, VWP cases are denied with no chance of appeal if you did not file the I 485 within the 90 day period, which you didn't. The part of VWP adjustments that has always bothered me is this no chance for appeal clause, and I don't think a lot of people are aware of that (even if they file w/in the 90 days and are denied for another reason). That has always been in place, but the enforcement of filing within the 90 day window is a relatively new development, yes.

I would highly suggest a consultation with an immigration attorney, particularly one who deals with AOS denials - but I'm not really sure what options you have. An attorney familiar with the new enforcement should be able to tell if the fact that you filed your form before the change would make a difference. If it's like other USCIS changes, it probably won't but it's worth asking.

I can't remember if this means you've now incurred a ban or not. Am going to re-read that thread that Miss Jess cited and see if it says.

Can he not move back to the UK with you?


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Post 33 in that thread seems to indicate that there will be a 10 year ban in place once deported. ETA the only way that should effect the IR1 would be that you have to wait 10 years before you can apply.

I would still consult with an immigration attorney about this and make sure you have no other options available to you.

Edited by TracyTN

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Post 33 in that thread seems to indicate that there will be a 10 year ban in place once deported. ETA the only way that should effect the IR1 would be that you have to wait 10 years before you can apply.

I would still consult with an immigration attorney about this and make sure you have no other options available to you.

Can always file an I-130 for a petition return home, and later if there is a Bar an I-601 would be filed to get the bar waived. But yes an overstay of 1 year or longer prior to filing the I-485 probably will result in a 10 year bar.

This is where a competent lawyer may need to be consulted.


OUR TIME LINE Please do a timeline it helps us all, thanks.

Is now a US Citizen immigration completed Jan 12, 2012.

1428954228.1592.1755425389.png

CHIN0001_zps9c01d045.gifCHIN0100_zps02549215.gifTAIW0001_zps9a9075f1.gifVIET0001_zps0a49d4a7.gif

Look here: A Candle for Love and China Family Visa Forums for Chinese/American relationship,

Visa issues, and lots of info about the Guangzhou and Hong Kong consulate.

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Your petition is dead for good. What you need to find out now is whether or not you have been ordered deported. They may give you 30 days to leave the country voluntarily or not. Depends.

Yes, you'll trigger the 10-year bar when leaving the US, and you'll have to get an I-601 waiver approved in order to reenter. I would not be surprised if you also have been ordered deported, which will require another waiver, the I-212, to be submitted. Both waivers will require proof of extreme hardship to your husband (not you!) if you can't return and also proof that he would not be able to live in the kingdom with you. As you may imagine, that's nightmare stuff and you'll need a top notch lawyer specialized in waiver cases. The one that comes to mind is Laurel Scott. She is the only one that maybe able to help you to return to the US before 2021.

http://www.scottimmigration.net/content/about-us


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

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Hi,

I just wanted to express my sympathy for your situation. I really have no advice on the legal front, but I wish you luck and strength in the weeks and years to come. :)

Best

Sara


AOS Timeline

06-28-2010 AOS Packet Sent

07-07-2010 Check Cashed $1010 Ugh!

07-09-2010 NOAs received (I-485,I-130,I-765)

07-14-2010 Biometrics appointment letter received

07-14-2010 RFE (I-864)

07-22-2010 Biometrics appointment

08-20-2010 Submitted RFE Reply I-864

08-24-2010 RFE material received

08-26-2010 Email from USCIS EAD Card Approved

09-03-2010 EAD card received!!!

09-08-2010 Notification of interview date (Oct 12th, 2010)

10-12-2010 Interview-Approved!!!!!

10-26-2010 Green Card Arrived!!!!!!!!

No USCIS till 2012. Wohoooooo

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I have just found out the dreaded news that my I-485 has been denied :(

My husband (USC) and I (UK) got married in April 2009 when I was within my VWP. We didn't file our paperwork until July 2010 due to lack of finances and taking care to fill in everything correctly as we didnt have a lawyer to help us.

In Early December we had our interview which seemed to go very well and my husband recieved notification that the I-130 has been approved. We were then just waiting for my greencard to come through but instead we recieved notice that my I-485 has been rejected. This obviously came as quite a shock and my husband and I are devastated at the thought of having to be apart, especially as my overstay may result in a 10yr ban.

The letter states that as I did not file my AOS within my 90 visa waiver I have overstayed and therefore been denied.

Does any one have any advice for me? I have heard that having to file within the 90 days is a new policy and changed after I put in my paperwork. Do I have a case to re-open? Should I go back to England and file a CR1? Will I be banned for 10yrs and how will this affect the CR1?

Please help my husband and I are so afraid of the prospect of having to be apart :(

Unfortunately there is no appeal process for people AOSing from the VWP. This isn't a new policy, it's always been there, just rarely enforced. Denial of people AOSing from the VWP is a new thing yes BUT the rule has always been there, just rarely enforced.

Unfortunately your husband has been out of status of a while. He's violated the rules of his visa (or in this case VWP) by overstaying past the date they allow. He's definitely not the first person to do it but he pretty much has no recourse.

In his denial letter, did it tell him that he has a certain number of days to leave (usually 30 days)? Does it state that he isn't in removal proceedings yet? If so this is good and he NEEDS to leave before the deadline and then he doesn't have the deportation issue to get a waiver for.

In order to know what kind of ban you might have we need to know:

1. When did his VWP expire? (exact date)

2. When did he file for AOS? (exact date)

3. When was his AOS denied? (exact date)

Now something I've never been sure about is whether the overstay from the time you filed to when you were denied counts. I know that you're in a period of authorised stay for that period and that the clock is supposed to stop ticking but once you're denied I don't know if that then counts against you. I'm not sure how CBP knows that you were protected for X days because your I-94 says you arrived on X date.. hopefully someone else can tell you for sure. I've tried looking but I can't find anything that mentions it specifically (maybe i'm just using wrong search terms).

What I do know is, if he has 180 days of overstay that's a 3 year ban. Over 365 days of overstay is a 10 year ban. Deported is 10 year ban (the bans don't add together but each ban requires a different waiver).

He will need to file for CR-1 but I think (and someone else can confirm this) that your I-130 can be transferred to the overseas embassy so you don't need to file that again and you can just apply for the CR-1 visa straight away. I don't know how to do this but that could lessen the wait time. Unfortunately though that time saved will be more than taken up by how long the waivers will take (if they work).

I'm sorry this happened to you. Good luck.

**Note - occasionally I say "you" and "your status" but I mean the immigrant in these cases obviously :)

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I don't know whatelse I could add to this , other that I am very sorry for your situation!

Would you be able to tell us in what state do you reside?

Also, it would be useful for you to answer the questions that Vanessa adressed above. Chances are very, very slim for triggering only the 3 years bar, but you never know...


My N-400 Journey

06-02-2017 - N-400 package mailed to Dallas Lockbox

06-06-2017 - Credit card charged; received text and email confirming that application was received and NOA is on its way

06-10-2017 - Received NOA letter from NBC dated 06-05-2017

06-16-2017 - Received Biometrics Appointment Letter for 06-28-2017

01-19-2018 - Interview Letter sent

02-27-18 - Interview and Oath Ceremony. Finally US CITIZEN! 

My ROC Journey

03-08-2012 - I-751 package mailed to VSC

03-10-2012 - I-751 package delivered

03-14-2012 - Check cashed

03-15-2012 - NOA received, dated 03-12-2012

04-27-2012 - Biometrics appointment

11-23-2012 - ROC approved

11-28-2012 - Approval letter received

12-06-2012 - 10 years Green Card received

My AOS Journey

04-17-09 I-130&I-485&I-765 received by USCIS

04-19-10 AOS Approved

04-29-10 Green Card received

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Even with a denial, the time when the petition was pending is not considered unlawful presence. (Jim has quoted where but I don't remember where exactly). They don't retroactively count those days against you.

OP - I am very sorry for your situation. Can you tell us what state you are in for people that are tracking this? Thanks.


AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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Wow, I'm so sorry for all you are going through. I don't have any advice, just wishing you luck.


10/26/03 Met in Yahoo chat room
06-2004 Glyn flies to Boston for 2 week holiday with me in White Mountains
06/07/2006- HE PROPOSES!!
12/13/2006- Glyn and Simon the best man fly in for wedding.
December 16,2006- Happiest day of my life
12/25/2006- Best and worst Christmas ever. Glyn flies back to England at 6 pm Christmas Night.
02/19/2007- UK spousal visa approved in NY after only 4 days.
March 2,2007- Reunited in England with Glyn.
01/21/2008-mailed I-130 to USCIS in London
01/24/2008-NOA1
04/13/2008-Panic. RFE received
April 17, 2008-Mailed off again.
April 22, 2008-NOA2 received dated April 21, 2008.
April 26, 2008-Packet 3 received
April 28, 2008-Mailed off DS-230
May06,2008-Packet 3 sent
May 08, 2008-Medical scheduled
May 22,2008-Packet 4 received
June 03,2008-Interview APPROVED!!!!!

June 04, 2008-Visa in hand
June 20, 2008-Shippers come for our things.
June 25, 2008-Flying to the USA smile.png
November 15, 2010-Sent off VERY late I-751 along with many prayers.
04/09/2011-10 year GC arrives in mail.
09/08/2011-Glyn leaves for UK
01/30/2012-Biometrics for UK spousal & dependent visas sent out w/ application same day
02/24/2012-UK settlement visas issued smile.png

04/16/2013-I-130 sent off-----04/19/2013 NOA1

05/15/2013-NOA2

Never received packet 3 although it was mailed to us on May 29th

07/17/2013-Sent off packet 3 after finally getting ALL our documents together

08/19/2013-Medical scheduled (there were earlier appointments but unfortunately, we couldn't get there for them due to hubby's work)

09/24/2013-Interview APPROVED

11/01/2013-POE BOSTON

01/13/2014-10 Year green card received

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OP - I am very sorry for your situation. Can you tell us what state you are in for people that are tracking this? Thanks.

More specifically, which USCIS field office?


12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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Maybe this will help you. There seems to have been some movement in the government regarding Visa Waiver Overstays and there may be some hope for you.

Recent Update

Particularly this section, "

Bottom line, the government affirms that DHS has the discretion not to execute a removal order against someone admitted under the VWP who then overstays the allowed 90-day period and permit that individual to adjust status based on marriage to a US Citizen Spouse.

I remember someone saying somewhere that the decision is made by the district office director..so you may be able to try to get some kind of appeal with him/her in order to adjust your case. So there may be a way to get the removal order lifted.

If I find anything else I will post it for you.


03/09/2011 AOS Application Sent.
03/11/2011 (Day 0) Application Received
03/16/2011 (Day 7) NOA 1 (Text Email)+ (Checks Cashed)
03/19/2011 (Day 10) Hard Copy of NOA 1
03/28/2011 (Day 19) Biometrics letter 4/8/2011
04/08/2011 (Day 30) Successful Biometrics for I-765/I-485
05/13/2011 (Day 65) EAD received in the mail
05/14/2011 (Day 66) Email confirming EAD approved (Case updated online TOUCH)
05/20/2011 (Day 72) SSN In the Mail.

09/08/2011 (Day 200 ) Email notification of Interview.
10/11/2011 Interview at 26 Federal Plaza, NY!
Interviewed and Am expecting RFEs!
10/13/2011 (Day ***) Received RFE-- Requesting that I provide documentation to prove I was never married in Uk or Illin
02/11/2012 (Day ***) Service request..Told its being reviewed by supervisor

24th March 2012!!!!!!!!!!! Email notifiying me of CARD IN PRODUCTION
03/26/2012 (Day 376) Emails confirming that my I-130 and I-485 have been approved.

4/2/2012 Green Card In Hand!

Unbelievable that my journey took this long but Im thankful

Next Stop Premed...Yup!

3/24/2014 Application for conditions to be removed

9/22/2014 APPROVED without interview.

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Best of luck


3.gif

"The perfection/respect/credibility of a man decreases by the number of marriages he has had and by the number of kids he has outside his current marriage. ", Quote by Bite YourDust
  • Met on yahoo chat through a friend.
  • April 2010 - Decided to meet in person
  • 06.01.2010 - She flew from Dubai to Philippines for vacationing
  • 06.21.2010 - We met in Philippines
  • 06.24.2010 - Engaged
  • 06.28.2010 - Came back to USA
  • 07.05.2010 - She flew back to Dubai (work)
  • 08.02.2010 - Mailed I129F to VSC
  • 08.03.2010 - Delivered to VSC. Signed by D RENAUD.
  • 08.09.2010 - Check cashed
  • 08.14.2010 - NOA1 (Dated 08/06/2010)!!!!!!!!
  • 08.19.2010 - Touched!
  • 08.27.2010 - Received snail mail that typographical error was fixed.
  • 10.03.2010 - Touched!
  • 11.21.2010 - Visited her for a week in Dubai!
  • 02.14.2011 - NOA2 Approved on St. Valentine day!!!!!!!
  • 02.17.2011 - Packet left from NVC to ABU DHABI (Dubai)
  • 02.19.2011 - NOA2 hard copy received
  • 02.22.2011 - Packet reached ABU DHABI's consulate
  • 03.02.2011 - packet 3 & 4 received by email
  • 03.02.2011 - Confirmation of Interview on 04.14.2011 -
  • 03.07.2011 - Fiancee passed medical exam.
  • 04.14.2011 - K1-Visa Approved!!!!!!!!!!!!!!!!!!!
  • 04.21.2011 - Picked up Visa !!!!!!!!!!!!!!!!!!!

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