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serpent noir24

I need help!!! !-130 denied

By serpent noir24 in Adjustment of Status from Work, Student, & Tourist Visas

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21 posts in this topic

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serpent noir24 Newbie

serpent noir24   0

Posted
Filed: AOS (pnd) Country: Ghana
 Timeline
Posted

i was put in proceeding in 2005 for overstaying my B2 visa, and 2010 i met my wife and got married. On November 2010 she file the i-130 for me, and we had our interview on august 2 2011.Our attorney received a denial decision on august 25 2011, saying we failed to submit writing request for bonafide marriage exemption, because i was proceeding before i married my wife, so they gave us 30days to appeal their decision and we already done, but we feel like uscis was wrong denied our application because that bonafied request was in fact filed with application and have record that, and secondly, during interview they never ask for that bonafied, and they never send RFE for that, but they just denied our application because of one piece of paper they we didn't with our petition. Now my question is since we now have send them that original bonafide marriage exemption request, and new bona fide request under oath with more details of our marriage, and affidavits from friends and its has been 5months since we send that appeal and still we haven't receive any update yet on case, so do you think we should contact our senator now for a help? thank you.

together4evr Experienced

together4evr   360

Posted
Filed: IR-1/CR-1 Visa Country: Egypt
 Timeline
Posted

Te senator can contact them but I do not know if it helps.

Usually you will get the NOID within 6 months to 1 year after the interview and then you should send all you information and proof from the day you began your relationship.

I am confused about what happened to you.

You came to USA on a tourist visa for 90 days in 2005

You never left?

You got married 2010

Did you stay in USA and are you still in USA?

Denied in August 2011 at interview.

May 24, 2011 NOA1

Sept 11, 2011 NOA2-took 19 days to get case number

Sept 30, 2011 NVC number and IIN received Friday-gotta wait till Monday

Oct 13, 2011 Case Completed- 13 days from receiving case number Took 32 days from NOA2

Nov 30, 2011 Notified of Interview date

January 19, 2012 Interview- 240 days from NOA1

INTERVIEW RESULTS-APPROVED WITH 14 WEEKS AP--but he got his visa in 56 days!!!!!!

PLEASE EDIT YOUR TIMELINE IN YOUR PROFILE SO OTHERS CAN LEARN HOW LONG EACH STEP TAKES IN THIS PROCESS

serpent noir24 Newbie

serpent noir24   0

Posted
Filed: AOS (pnd) Country: Ghana
 Timeline
  • Author
Posted

Te senator can contact them but I do not know if it helps.

Usually you will get the NOID within 6 months to 1 year after the interview and then you should send all you information and proof from the day you began your relationship.

I am confused about what happened to you.

You came to USA on a tourist visa for 90 days in 2005

You never left?

You got married 2010

Did you stay in USA and are you still in USA?

Denied in August 2011 at interview.

I never left the U.S and me my wife still married.

together4evr Experienced

together4evr   360

Posted
Filed: IR-1/CR-1 Visa Country: Egypt
 Timeline
Posted

As you now know you should have left the USA and taken the ban of 10 years or whatever it is.

Has your lawyer told you that you should leave the country?

Has the USA told you they will proceed with deportation proceedings?

I think it might be in your best interest for yor family to find a new country to live in and unfortuneately it might be Ghana.

I am sorry for the troubles you got yourself in to.

Good Luck

So,

You came to USA in 2003

Government found you and ordered you to leave in 2005

You hid in USA from the government and

married in 2010

Do I have it all correct now?

May 24, 2011 NOA1

Sept 11, 2011 NOA2-took 19 days to get case number

Sept 30, 2011 NVC number and IIN received Friday-gotta wait till Monday

Oct 13, 2011 Case Completed- 13 days from receiving case number Took 32 days from NOA2

Nov 30, 2011 Notified of Interview date

January 19, 2012 Interview- 240 days from NOA1

INTERVIEW RESULTS-APPROVED WITH 14 WEEKS AP--but he got his visa in 56 days!!!!!!

PLEASE EDIT YOUR TIMELINE IN YOUR PROFILE SO OTHERS CAN LEARN HOW LONG EACH STEP TAKES IN THIS PROCESS

together4evr Experienced

together4evr   360

Posted
Filed: IR-1/CR-1 Visa Country: Egypt
 Timeline
Posted

I am curious...

Did your lawyer say that you would be forgiven this overstay because you got married?

Because sometimes this is true. Unless the government found you and told you to leave before you got married.

If your lawyer told you that your overstay would be forgiven because you got married and you had informed him of deportation orders then I would try and get a few thousand dollars back from him because he lied to you just so he could make money.

May 24, 2011 NOA1

Sept 11, 2011 NOA2-took 19 days to get case number

Sept 30, 2011 NVC number and IIN received Friday-gotta wait till Monday

Oct 13, 2011 Case Completed- 13 days from receiving case number Took 32 days from NOA2

Nov 30, 2011 Notified of Interview date

January 19, 2012 Interview- 240 days from NOA1

INTERVIEW RESULTS-APPROVED WITH 14 WEEKS AP--but he got his visa in 56 days!!!!!!

PLEASE EDIT YOUR TIMELINE IN YOUR PROFILE SO OTHERS CAN LEARN HOW LONG EACH STEP TAKES IN THIS PROCESS

ceadsearc Proficient

ceadsearc   516

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

I am confused by your post. Is your wife a USC? Were you already in removal proceedings? Why was the I-485 not filed with the I-130?

OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

ceadsearc Proficient

ceadsearc   516

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

What reason did they give you for the denial?

OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

Maria TH Explorer

Maria TH   20

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

May be you can give us more detail like what kind of Visa you are adjusting from?

Naturalization

04/22/15 (Day 0) N-400 Package sent

08/03/15 Interview - Recommend for Approval

08/18/15 Oath Ceremony

ROC

12/17/2013 (Day 0) ROC Package sent

12/23/2013 (Day 7) NOA date

01/27/14 (Day 43) Biometric Appointment

03/14/14 Case transferred to CSC

05/16/14 New Card Received

AOS from B2
11/14/2011 (Day 0) AOS Package sent (I-130, I-485, I-765)
11/15/2011 (Day 1) Package received by USCIS

12/12/2011 Biometrics Appointment
01/28/2012 (Day 74) EAD Card in hands
02/02/2012 (Day 79) Received letter of Interview Notice
03/02/2012 (Day 108) Interview - Dallas
03/21/2012 (Day 127) Green Card in Hands!

Harpa Timsah Grand Master

Harpa Timsah   13,258

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

According to this post you not only had multiple RFEs, but also an interview.

http://www.visajourney.com/forums/topic/346409-i-need-help/page__p__5094792#entry5094792

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

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

PinkMelody Enthusiast

PinkMelody   1

Posted
Filed: AOS (pnd) Country: South Korea
 Timeline
Posted (edited)

Did you maybe send the wrong amount of money order/check? or missing a signature(like me? :blush: )

When my I-765 got rejected they also send me the rejection notice with reasons.

Edited by PinkMelody

Doing good deeds shall bring happiness

09/05/2005 - Entered US with J-1

04/16/2006 - Met my husband

04/11/2007 - AOS from J-1 to B-2

07/10/2007 - Out of Status

08/26/2011 - Husband became USC through naturalization

10/12/2011 - We got married!

12/03/2011 - Sent AOS package(I-130, I-485, I-765) to Chicago Lockbox

12/05/2011 - Delivery confirmation via USPS

12/16/2011 - Received emails for I-130, I-485

12/22/2011 - Received NOA in mail for I-130, I-485 dated 12/16/2011

12/23/2011 - Received rejected I-765 due to missing signature

12/24/2011 - Received biometrics appointment on 01/09/2012 dated 12/20/2011

12/27/2011 - Reapplied I-765

12/29/2011 - I-765 has been delivered by USPS confirmation

01/04/2012 - Walk-in biometrics done

01/11/2012 - Received NOA in mail for I-765 dated 12/30/2011

02/01/2012 - Received text/email for I-765, Card/Document Production

02/06/2012 - Received EAD card in mail. YAY!

02/07/2012 - Received text/email for interview date, 03/15/2012

02/08/2012 - Received interview letter in mail

03/15/2012 - Interview at San Antonio, approved on spot and got a stamp!

03/23/2012 - Green card in hand! :^D

aaron2020 Grand Master

aaron2020   11,651

Posted
Filed: Country: Vietnam (no flag)
 Timeline
Posted

Our i-130 got denied without RFE from USCIS first?

According to this post you not only had multiple RFEs, but also an interview.

http://www.visajourney.com/forums/topic/346409-i-need-help/page__p__5094792#entry5094792

Starting a new thread and leaving out unfavorable information is not going to get you the correct answer to solve your immigration problem.

You are working with a lawyer. Why isn't your lawyer explaining things to you? Are you leaving out unfavorable information when dealing your lawyer too?

If you want a good answer, then keep your case in one thread and be honest.

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

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