i485 denied, don't know what to do

[Rebecca Jo 1,962]

It may have raised a red flag that ya'll waited until 2011 to file even though you were approved the I130 in 2009. They probably think ya'll were not together all those years.

And what makes you think this?

[Katniss 1]

What kind of visa do you currently hold?

[tdas75 0]

Yes, we upgraded it. We sent a letter stating that he was a citizen now and they received it... Now my case is with him as a US Citizen

[tdas75 0]

My 10 year tourist visa expired in 2008.

[need patience 0]

i think the reason why is that when your i130 approved and visa number was available nvc gives you a period of a year to respond to them

and if not your i130 is going to be canceled after that time ,

[JimVaPhuong 4,863]

i think the reason why is that when your i130 approved and visa number was available nvc gives you a period of a year to respond to them

and if not your i130 is going to be canceled after that time ,

If that's the case then it will be denied without prejudice, and they'll be able to refile.

[tdas75 0]

Letter is here, it says that I130 was approved and a visa became available for me but i fail to file I485 within 2 years. What can I do? Can I reapply?

[Deputy Purple 1,294]

Letter is here, it says that I130 was approved and a visa became available for me but i fail to file I485 within 2 years. What can I do? Can I reapply?

Reapply...

This time file a new I-130 concurrently with the I-485...

[ceadsearc 516]

Yup, reapply, file both forms together, pay the fees again, wait the 4-6 months again, and you shouldn't have an issue.

[Dakine10 5,452]

Letter is here, it says that I130 was approved and a visa became available for me but i fail to file I485 within 2 years. What can I do? Can I reapply?

What month in 2009 was your 1-130 approved, when did your husband get his citizenship and when did you file the I-130.

Although the I-130 was approved in 2009, a visa would not have been available until the case was upgraded (when your husband became a citizen), and you would have had 1 year from that date to either file the I-485 or contact NVC in some way so that your case stayed active. They can revoke the I-130 one year after the visa becomes available if no contact is made. The 2 year window is for extenuating circumstances, and after 2 years there is no option but to file again.

I know you got the letter, but USCIS does make mistakes, so it's worthwile to make sure the dates they are using to deny are correct.

The specific grounds they used to deny is (according to your letter):

INA 203(g). The Secretary of State shall terminate the registration of any alien who fails to apply for an immigrant visa within one year following notification to the alien of the availability of such visa, but the Secretary shall reinstate the registration of any such alien who establishes within 2 years following the date of notification of the availability of such visa that such failure to apply was due to circumstances beyond the alien's control.

[tdas75 0]

We file I-130 on February 27, 2007, got approved March 6, 2007. My husband became a citizen on June 26, 2009 and we request the change after that. Then, my case was sent to Peru and got an appointment at the US Embassy in PERU for May 19, 2010 even though in my I-130 we put that I will adjust status here in the US. I sent a letter asking to send back my file to USCIS because I was going to apply for I-485 here in the US. Never got receipt notice, any response. Anyway, we filed I-485 and I-765 on June 9, 2011. Interview was on September 14, 2011. Got EAC, got SSN, got a job already... My concern is why my file went to Peru. I'm not sure if I can appeal that or just file again... which one will take less time. I'm not concern in another interview, my marriage is legit and I can prove it to them in a thousand ways, I'm just frustrated about the paperwork and wasting time and money. We didn't use an attorney first because of economic issues and second because we thought it wasn't gonna be a difficult case... big mistake

[tdas75 0]

Also, the person who interview us on September 14, kept my original I-94, what would I do if I have to reapply?

[Soapz 14]

Like everyone here said, reapply with new applications and the correct fees. I would also send in copies of your previous paperwork and regarding your I-94 attach a note stating that it was kept by the USCIS official who interviewed you in September. They will have a case-file ('cause it's not so old) and they can pull it if they think it's necessary. Just make sure when you file that you answer the questions about previous applications correctly.

Edited October 4, 2011 by Soapz

[desmond&molly 5]

You might be able to appeal BUT I would recommend getting a lawyer for that. So since it looks like you're still going to have to pay, I would refile avoiding the cost and wait of an appeal that might end up with you having to refile anyway.

[tdas75 0]

Yes, I spoke to an attorney and she told me that an appeal could last a year and nothing guarantees that I win... That it would be easier if I re-file... *sigh*