Intent to Deny I-485

[ppatty 0]

I need some advice. My husband and I are going back and forth with USCIS. They have sent us an "intent to deny" letter because they are saying that the VISA that my husband entered the US on was fradulent and the I-94 supports the VISA so they are bundling that together. He received a VISA in 2000 and we are trying to show as much proof as possible that he entered legally. He had to enter the US by plane so there is no way that we can figure out that he could have "snuck in". We really don't know what to do, we have tried to reach out to Consulates, Congressmen, etc. and have gotten little to no help from the foreign officials. We have been together for 3 years, married for a little over 1 year and have a 6 week old baby. PLEASE HELP!! I don't want my baby to grow up without a father because he was deported!!!

[Boiler 45,638]

Does he have the I 94?

If not have you requested a copy?

[canadian_wife 1,823]

Well obviously they aren't suggesting he snuck in, they are suggesting he entered on a fraudulant visa, there is a diffeence

What did the NOID say? Are they asking for more information?

You might want to try an FOIA request with the POE he entered through, that may help with the legal issue of 'how' he entered

Good luck

PS - what country is your husband from?

[VanessaTony 3,567]

I need some advice. My husband and I are going back and forth with USCIS. They have sent us an "intent to deny" letter because they are saying that the VISA that my husband entered the US on was fradulent and the I-94 supports the VISA so they are bundling that together. He received a VISA in 2000 and we are trying to show as much proof as possible that he entered legally. He had to enter the US by plane so there is no way that we can figure out that he could have "snuck in". We really don't know what to do, we have tried to reach out to Consulates, Congressmen, etc. and have gotten little to no help from the foreign officials. We have been together for 3 years, married for a little over 1 year and have a 6 week old baby. PLEASE HELP!! I don't want my baby to grow up without a father because he was deported!!!

Well I find it hard to believe that the US wouldn't recognise their own visa so it might actually be fake. Have you asked him if it's fake or how he went about getting it? Maybe he didn't realise it was fake. There are stories of people thinking they were USC's because they paid someone and took the test but it turned out just to be fake... they were foreign and didn't know any better but they pay the price.

Your child doesn't need to grow up without a father. Your other option is to move to his home country, or both of you attempt to move to another country together.

What country is he from?

[belinda63 3,038]

You are going to need to somehow prove his visa was a real visa. How did he obtain it? Through what embassy? If he entered on a fake visa there are more issues at hand than a denial of the AOS. Perhaps you could do a FOIA for the embassy he obtained the visa from and obtain a copy of the application? Contacting the POE wouldn't really do any good because all they will show is that he entered the country, not that is visa was real.

Other questions, not related but curious. What visa did he enter on and why did he never leave? This could be considered supporting evidence it was a fake visa as it appears he was desperate to immigrate to the US, legally or illegally.

Edited May 10, 2011 by belinda63

[Penguin_ie 5,994]

What visa is he adjusting from?

Are they saying he forged the visa, or he lied/ comitted fraud to get the visa?

Why are you trying to adjust his status now? Specifically, is he in removal proceedings?