I 485 Denied!!!

[ramana 0]

I need some help, i am becoming hopeless. I came using my k1 visa, applied aos to adjust status. Got REF for birth certificate, sent affidavit got a letter of denial for I485. 30 days passed b/c of wrong information i was given, cant do motion, i'm still in the usa. What should i do, go back to Canada and restart or stay here and apply I130? I am just confused...i need help, please. Yes i did speak to a confused lawyer who told me i should leave and do I130 from Canada.

[Harpa Timsah 13,258]

Don't leave! You should be able to reapply, because it sounds like the reason for denial is lack of paperwork, not that you are ineligible. When they sent you the RFE, did you do what it said on the RFE? I assume it said you need a BC from xyz agency. An affidavit is not suitable if records are available, and they know which countries have suitable records and how to obtain them (through consulate etc). What exactly did the RFE say? What country were you born in?

You shouldn't need to do a I-30 at all, because you abided by the rules of your K-1 visa, and are eligible to adjust status based on your approved I-129F and subsequent marriage. The denial was because of lack of paperwork only (from what you are saying here).

[Ban Hammer 12,839]

moved from K-1 Fiance(e) Visa Process & Procedures to Adjustment of Status (Green Card) from Family Based Visas as that is the topic.

[BlueBonnet 84]

First - dont talk to lawyers, they mess thigs up

2nd - please do your timeline so we can see whats going on

3rd - dont leave the USA

4th - start calling USCIS and ask them what they need/want from you.

When posting, please try to calm down and give us as much information as you can so we are better able to assist you.

An RFE is not a denial. Its a request for futher evidence. If you cannot get them what they want, at least send them an explanation letter as to why you cant get it to them, or tell them all the ways that you have attempted to get what they are looking for and youve failed at being able to provide said document.

[ramana 0]

I did call USCIS when i got the denial first, because they're the one who told me they will transfer my file to USCIS charlotte which is where i'm at for them to contact me in 30days, if i dont hear anything for me to call USCIS CS. when i did they said i was given a wrong info. So now i'm stuck i cant even file the motion/ becuase it passed 30days. When i got the REF i did send the affidative only, i know its may fault but i was waiting for non available letter from ethiopia. Since i dont live there nor my family i'm relying on relatives who i sent money and its taking forever. I have no control over it, so i had to send the REF only wiht the affidative. USCIS CS messed me up by giving me wrong info. I dont want to leave my husband here, i dont want to move back with my parents in Canada.

First - dont talk to lawyers, they mess thigs up

2nd - please do your timeline so we can see whats going on

3rd - dont leave the USA

4th - start calling USCIS and ask them what they need/want from you.

When posting, please try to calm down and give us as much information as you can so we are better able to assist you.

An RFE is not a denial. Its a request for futher evidence. If you cannot get them what they want, at least send them an explanation letter as to why you cant get it to them, or tell them all the ways that you have attempted to get what they are looking for and youve failed at being able to provide said document.

[ramana 0]

I did call USCIS when i got the denial first, because they're the one who told me they will transfer my file to USCIS charlotte which is where i'm at for them to contact me in 30days, if i dont hear anything for me to call USCIS CS. when i did they said i was given a wrong info. So now i'm stuck i cant even file the motion/ becuase it passed 30days. When i got the REF i did send the affidative only, i know its may fault but i was waiting for non available letter from ethiopia. Since i dont live there nor my family i'm relying on relatives who i sent money and its taking forever. I have no control over it, so i had to send the REF only wiht the affidative. USCIS CS messed me up by giving me wrong info. I dont want to leave my husband here, i dont want to move back with my parents in Canada.

I did call USCIS when i got the denial first, because they're the one who told me they will transfer my file to USCIS charlotte which is where i'm at for them to contact me in 30days, if i dont hear anything for me to call USCIS CS. when i did they said i was given a wrong info. So now i'm stuck i cant even file the motion/ becuase it passed 30days. When i got the REF i did send the affidative only, i know its may fault but i was waiting for non available letter from ethiopia. Since i dont live there nor my family i'm relying on relatives who i sent money and its taking forever. I have no control over it, so i had to send the REF only wiht the affidative. USCIS CS messed me up by giving me wrong info. I dont want to leave my husband here, i dont want to move back with my parents in Canada.

[Harpa Timsah 13,258]

Okay. So everyone is on the same page, it seems that the OP got an RFE for a Birth certificate, and instead of compiling with the RFE to the letter, sent an affidavit of her birth instead, which was not enough for whomever got the RFE response, so was sent out a denial on the I-485. She got a denial letter and there was an option to appeal within 30 days. The 30 days has now passed.

Op - Get a real birth certificate from Ethiopia and reapply for AOS from within the US. Like I said, it is only a paperwork denial because you did not comply with the request for required documents. You are otherwise eligible to redo what you started. You will have to pay the fee again, but you don't have to go home to Canada. Good luck.

Edited July 12, 2011 by Harpa Timsah