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What are typical reasons for I485 denial?

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Filed: H-1B Visa Country: Germany
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Hello!

I am German and got married to a Us citizen February 2012.We have been together for 7 years now. We are using an immigration lawyer to help us with the paper work to apply for my green card.

I just checked my status today and 4 of the 3 case numbers that I received were denied.

The lawyer has not received the official letter stating the reason for the denial yet but I was wondering if you could give me some information about reasons that you have heard before.

The income level is not a problem in our case.

I thank everyone that can help me understand this situation a little bit better.

Thanks

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Filed: Citizen (apr) Country: Argentina
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**Moved from K1 to AOS from Work, Student & Tourist visa. Poster has questions regarding the AOS process from an H-1B visa

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Filed: AOS (pnd) Country: Argentina
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Which one wasn't denied? I130?

If you hired a lawyer and still got denied, I'd say fire the lawyer!

Most of the people here didn't use one. Sadly, you are not going to know until the letter arrives

Day 0 08/21/2012 Sent I-130, I-485, I-765 and I-131

Day 1 Received the next day via UPS

Day 6 08/27/2012 email and text for all 4

Day 10 08/31/12 NOA1 for all 4 and Biometric appointment for 09/21

Day 18 09/08/12 REF on I-485, waiting for the letter

Day 31 09/21/12 Biometrics done

Day 34 09/24/12 RFE hard copy for I-864

Day 51 10/11/12 RFE Response sent (about 30 days behind)

Day 55 10/15/12 RFE response review

Day 64 10/24/12 Online status changed to EAD/AP Card production

Day 72 11/01/12 EAD/AP Card arrived!!

Day 73 11/02/12 Interview SMS for December 3rd

Day 76 11/05/12 Applied for SSN and HARD COPY of Interview

Day 104 12/03/12 INTERVIEW DAY!!! 9 am Chicago, IL

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Filed: H-1B Visa Country: Germany
Timeline

Which one wasn't denied? I130?

If you hired a lawyer and still got denied, I'd say fire the lawyer!

Most of the people here didn't use one. Sadly, you are not going to know until the letter arrives

The is what I can see on their website:

we mailed you a denial decision notice for this case I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

When I check the other case status, this is what I can see:

On June 8, 2012, we received this I130 IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN, and mailed you a notice describing how we will process your case.

The I130 still shows initial review process.

What does this mean? One is denied the other is still under initial review? Have they not updated all of my cases?

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the I130 is the petition

I 485 is the AOS application , they could deny your AOS but still your I130 could be approved.however you won't have a GC until the AOS got approved. Did you leave the states after you filed your package ?

AOS

day 1 -- 04/11/2012-- package sent to Chicago

day 2 -- 04/12/2012-- package was received.

day 43-- 05/23/2012-- Notice for an interview is received for 06/26 @ 2pm

day 63-- 06/12/2012-- Received a Text & email for an update- Card production EAD/AP

day 77-- 06/26/2012-- interview / approved on the spot.

day 86-- 07/05/2012-- Received my GC in the mail.

ROC

day 1 -- 04/07/2014 -- ROC Package delivered to VSC

day 16 -- 04/23/2014 -- Walk-in Bio.

day 197 -- 10/20/2014-- Approval Letter received dated 10/16/2014

day 202 -- 10/25/2014-- GC received

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Filed: H-1B Visa Country: Germany
Timeline

the I130 is the petition

I 485 is the AOS application , they could deny your AOS but still your I130 could be approved.however you won't have a GC until the AOS got approved. Did you leave the states after you filed your package ?

I am sorry if I ask more questions but I am not very familiar with the entire process.

When you ask for status, are you talking about my H1B visa?

If yes, I have not changed that status.

Overall, I have not made any changes to anything.....

Is this something that happens often?

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You didn't got me

to get the GC you need to file 2 main forms. in the marriage cases you can file both of them concurrently, together I 130, I485.

I130 your wife petition you to bring you to the USA as immigrant. in case if you are already in the States, you can apply to adjust you status from non-immigrant visa to an immigrant one, in your case your adjusting from h1b to a permanent resident.

the reasons which could deny you before even an interview are 1) if you entered the country illegally 2) if you traveled while your AOS is pending

if non of these applies to you, you need to wait until you receive the denial letter. I highly recommend you to read more about this process. This website has a lot of information which will help you to understand the process completely . Moreover, Don't count on lawyers all the time , sometimes they screw you up

Edited by myafi1985

AOS

day 1 -- 04/11/2012-- package sent to Chicago

day 2 -- 04/12/2012-- package was received.

day 43-- 05/23/2012-- Notice for an interview is received for 06/26 @ 2pm

day 63-- 06/12/2012-- Received a Text & email for an update- Card production EAD/AP

day 77-- 06/26/2012-- interview / approved on the spot.

day 86-- 07/05/2012-- Received my GC in the mail.

ROC

day 1 -- 04/07/2014 -- ROC Package delivered to VSC

day 16 -- 04/23/2014 -- Walk-in Bio.

day 197 -- 10/20/2014-- Approval Letter received dated 10/16/2014

day 202 -- 10/25/2014-- GC received

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Filed: Citizen (pnd) Country: China
Timeline

Did you have an interview? If the application was denied without that happening, it's likely that there was a paperwork screwup (RFE sent and not responded to) and your lawyer didn't fix it or tell you about it.

07/14/2012: Eloped in Texas Hill Country
08/11/2012: Mailed I-130, I-485, and I-765 to Chicago Lockbox
08/13/2012: Package received by Chicago Lockbox
08/14/2012: Priority Date
08/17/2012: Notice of receipt sent
08/21/2012: Biometrics appointment notice sent
08/27/2012: Walk-in biometrics completed
09/19/2012: Interview scheduled for October 26
10/24/2012: EAD production ordered
10/26/2012: Interview in San Antonio. AOS approved!
11/5/2012: USCIS claims green card delivered, nothing in mailbox.
12/5/2012: Service request filed for non-delivered green card.
12/7/2012: Service request replied to (but not delivered).
1/4/2013: Filed I-90, paid another $450
1/24/2013: Biometrics again...
4/1/2013: First Green Card from November finally arrived...

4/22/2013: Replacement Green Card arrived.

8/9/2014: Filed I-751

8/14/2014: Received NOA for I-751

3/12/2015: ROC Approved!

7/18/2016: Sent in N-400 to Texas lockbox

7/21/2016: N-400 delivered

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Filed: H-1B Visa Country: Germany
Timeline

You didn't got me

to get the GC you need to file 2 main forms. in the marriage cases you can file both of them concurrently, together I 130, I485.

I130 your wife petition you to bring you to the USA as immigrant. in case if you are already in the States, you can apply to adjust you status from non-immigrant visa to an immigrant one, in your case your adjusting from h1b to a permanent resident.

the reasons which could deny you before even an interview are 1) if you entered the country illegally 2) if you traveled while your AOS is pending

if non of these applies to you, you need to wait until you receive the denial letter. I highly recommend you to read more about this process. This website has a lot of information which will help you to understand the process completely . Moreover, Don't count on lawyers all the time , sometimes they screw you up

Ok.

We did file concurrently.

I did not go to an interview, all I did was the appointment for finger prints and photos in Atlanta. I did not enter the country illegally.

I did travel outside the US but my H1B is valid until Dec. 2014.

Did you have an interview? If the application was denied without that happening, it's likely that there was a paperwork screwup (RFE sent and not responded to) and your lawyer didn't fix it or tell you about it.

No, I did not get an invitation to an interview. I only received the notice to show up for the finger print and photo appointment.

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Filed: Citizen (pnd) Country: Japan
Timeline

If you traveled outside of the country after submitting your forms, even if your visa is still valid, would be grounds for denial :/

Edited by sethless

Day 0 - 2 May 2012 Mailed AOS package overnight delivery
Day 139 - 17 September 2012 Interview & APPROVED on the Spot!! :)
Day 145 - 23 September 2012 Received Green Card!

ROC - Eligible June 19 2014

Day 0 - 18 June 2014 Mailed ROC package via 2 day priority

Day 42 - 29 July 2014 Approval and Card Production Email

Day 49 - 5 August 2014 Received Green Card

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You have to wait until you receive the decision letter.

Anyone can speculate as to what could have triggered your 485 denial, but you may as well throw a dice.

I-485/I-130 filed: January 26,2012 (130/485 sent to Chicago lockbox, transferred to MSC, field office Baltimore, MD).

I-130 Approved: June 25, 2012

I-485 RFE issued: June 25, 2012

Contacted offices of Honorable Senator Ben Cardin and Barbara Mikulski at the end of July.

I-485 DECISION MADE on August 03, 2012 , LESS THAN A WEEK AFTER CONTACTING THE SENATOR'S OFFICE TO INQUIRE ON CASE STATUS!

I-485 WELCOME NOTICE RECEIVED IN MAIL: 08/08/12

Green Card in Mail: 08/11/12

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Filed: AOS (apr) Country: China
Timeline

ahh, mostly paperwork error!

my h1-b got rejection because of typo on my check!!!! the lawyer did not check that!!

- 7/23/2008 came to US with F-1 visa
- 9/11/2012 I-485, I-130 and I-765 package sent to USCIS Chicago lockbox
- 9/12/2012 package delivered and signed by XXX
- 9/14/2012 received email with receipt numbers
- 9/17/2012 check cashed
- 9/30/2012 received hard copy of biometrics appointment on 10/19/2012, notice dated on 9/21/2012
- 10/12/2012 successfully walk-in one week earlier without asking reason at New York Long Island City office
- 11/5/2012 started to work in a new firm
- 11/11/2012 EAD approved!!! AWESOME!
- 11/19/2012 EAD card delivered, one day ahead of my birthday!
- 1/11/2013 received txt and email about interview time
- 2/14/2013 interview - Got APPROVED on the spot!!
- 2/27/2013 USCIS online update - 485 decision!! we mailed you a notice that we had registered this customer's new permanent resident status :) Later, my 130 update too!!!
- 3/4/2013 Card Production!!

-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

- 11/24/2014 I-751 package sent to USCIS Vermont Service Center to remove conditions

- 11/25/2014 package was delivered and signed by XXX

- 11/26/2014 check cashed @16:49 before thanksgiving!

- 12/17/2014 bio letter received, scheduled on Dec 30, 2014 11:00 AM

- 12/19/2014 early bio done in Long Island City Office!

Good Luck!!

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Filed: H-1B Visa Country: Germany
Timeline

ahh, mostly paperwork error!

my h1-b got rejection because of typo on my check!!!! the lawyer did not check that!!

Thanks Everybody for your help!

I appreciate it!

I will wait until I have received the letter.

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Wow, lots of bad info here. With a valid H1B you can travel outside the US, so that's not it. You have not been to the interview yet, so it's nothing about the relationship or anything like that.

The most common thing is that you got a RFE and did not respond to it properly (send back wrong stuff or did not reply). Did you get a RFE? Have you been checking the status often? WIth a lawyer, there are more places for things to get sent to and more opportunities for stuff to get lost (would be a lost interview appointment too). The only other option I can think of is that you are statutorily unable to adjust status, like you had a J1 before and you have a 2-year Home Residency Requirement you need to fulfill.

It's also possible you are checking the wrong case number.

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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Filed: AOS (apr) Country: Canada
Timeline

Hello!

I am German and got married to a Us citizen February 2012.We have been together for 7 years now. We are using an immigration lawyer to help us with the paper work to apply for my green card.

I just checked my status today and 4 of the 3 case numbers that I received were denied.

The lawyer has not received the official letter stating the reason for the denial yet but I was wondering if you could give me some information about reasons that you have heard before.

The income level is not a problem in our case.

I thank everyone that can help me understand this situation a little bit better.

Thanks

When did you file for AOS? When did you do your biometrics? The timing could help us guess as to the likelihood that you failed to respond to an RFE. But we'd all still be guessing.

AOS

5/16/2012 - Package delivered to Chicago Lockbox at 1:33pm

5/21/2012 - Email/text notifications received at 4:50 p.m.

5/26/2012 - NOA hard copies received for I-130, I-485 and I-765

6/19/2012 - Biometrics completed.

7/02/2012 - Text/email/hard copy notification of interview.

7/30/2012 - EAD card production ordered.

8/02/2012 - Interview @ 2:00

8/02/2012 - Email notification of GC production at 5:30pm

8/07/2012 - Second GC production email

8/07/2012 - EAD received.

8/08/2012 - GC mailed.

8/09/2012 - Welcome letter and I-130 approval letter received.

8/10/2012 - Green card received. :)

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