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inluvwanija

Can anyone help me? Denied i485, i130 and going through a divorce

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

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Villanelle Experienced

Villanelle   4,122

Posted
Filed: Timeline
Posted

By no means am I saying that I dont believe you or that I think you are attempting fraud or had attempted it in the past.

You first post was seeking advice and my advice is youre going to have a tough time because of the circumstances. They can easily be viewed as fraudulent.

If you could pin down the exact dates in a timeline it would be easier to see exactly where the red flags would be and what you could potential do to minimize them.

So far the only thing Im sure of is you filed for AOS with your spouse in 2009 and in 2013 it was denied. I dont know why. If it was denied because you notified them of the pending divorce or for some other reason.

A future AOS through a USC spouse is going to be greatly affected by the reasons for denial of the previous one and the reasons for the delay on the previous one. Because that is a long delay. Common sense says they do not take that long to be adjusted. Something went on there and youre not saying what. (you would have been issued the 10yr GC when they did approve you and that rarely ever happens when you apply right after you are married because they never take that long to process- 9 months, 12 months, 14 months maybe- but 36+ months and nothing odd happened? :unsure: )

Depending on exactly what went down (if their were suspicions on USCISs part/when you notified USCIS of the divorce/when the marriage broke down in relation to the AOS process) The two timelines (your old AOS timeline and your new relationship timeline) are going to intersect and youre going to have red flags.

GreenTrain Explorer

GreenTrain   1

Posted
Filed: H-1B Visa Country: India
 Timeline
Posted

@inluvwanija:

Your situation is bit complex. Its good to understand all the factors before you actualy face them so that you can prepare yourself.

It can happen to anybody. You're the best judge for your situation.

Here people try help you based on what you tell them. So, giving details (if you okay with that) are in your own interest so that you get good advice.

'Capri ' is really good at analyzing the factors, and providing suggestions.

Lawyers (most of them) are not better than that. Only thing they don't give you all the details till end/or until they get their fee :). They always win, doesn't matter if the client win or lose. If client lose, they gwill get higher fee for even more complex case :)

But that doesn't mean that you don't need one. :bonk:

Choose your options wisely.

I am also more or less have similar situation like yours.

Keep us posted about your progress.

Wishing you good luck !!!

AOS (from H1-B) Timeline:

Day1 -- 09/23/2012 - 130, 485, 765 AOS package delivered to Chicago Lockbox

Day4 -- 09/26/2012 - Emails/texts acceptance confirmation in evening :-)

Day5 -- 09/27/2012 - Checks Cached

Day12-- 10/01/2012 - Received hard copies of NOAs for I-130, I-485 and I-765

Day16-- 10/12/2012 - Received Biometrics Appointment(appointment for 10/24/2012)

Day16 - 10/12/2012 - Biometrics Walk In - Refused

Day20 - 10/16/2012 - Biometrics Walk In - Successful :)

Day33 - 10/29/2012 - EAD card Production Ordered-Pleasant surprise :)

Day37 - 11/02/2012 - EAD Card received - WoW !

Day40 - 11/05/2012 - Interview letter for Dec 4 date - The BIG Day !

Day70 - 12/04/2012 - Interview done. Pray to GOD!

Day95 - 12/28/2012 - Letter for 2nd Interview in Feb

  • 2 years later...
UnaMexicana Community Regular

UnaMexicana   153

Posted
Filed: Citizen (pnd) Country: Mexico
 Timeline
Posted

Well.... I always say NOT to consult a lawyer but if I were in your shoes, I would. This seems like a complex case.

If you really want to move on and make this happen, go back to Nigeria and have your spouse file for CR1 if you have been married less than two years, or IR1 if over 2 years. You will probably have a ban depending on your current status/overstay.

If this is a real marriage there is nothing to fear.

:yes:Intelligence trumps muscle... Imagination trumps both! :yes:

IR-1/CR-1 Visa
Service Center : Nebraska Service Center
Consulate : Cd. Juarez, Mexico
Met: January, 2006 :D
Marriage (if applicable): 2012-10-26 (L)
I-130 Sent : 2014-08-01
I-130 NOA1 : 2014-08-04

I-130 NOA2 : 2015-05-14

Shipped to DoS: 2015-05-22

Received at NVC: 2015-06-01

Case Created at NVC: 2015-06-10 (from Julian Date calculation)

AOS and IV Fee Invoiced: 2015-06-11
AOS and IV Fee Paid: Website down as of 06-15... Just waiting...
AOS and IV Fee Paid: 2015-07-05 CEAC site finally UP! :dancing:

AOS and Civil Docs received at NVC: 2015-10-13

NVC checklist for obsolete i864: 2015-11-25

Submit updated i864: ?????? when my lawyer desires... :clock:
Submit updated i864: Did NOT wait for lawywer. Did it myself 2015-12-10
NVC received reply to checklist i864: 2015-12-10 (yes.. same day O.O)

NVC case completed: 2016-01-07
NVC assigned interview date: 2016-01-23
Interview at CJS consulate: 2016-03-30

Visa "Issued": 2016-04-05
Entered the US: 2016-04-27

SSN Arrived: 2016-05-07 ... wow TEN days!

N-400

Filed Online: 2020-06-30

NOA: 2020-07-01

Biometrics Letter: 2021-04-08
Biometrics Appointment: 2021-05-03
Interview Scheduled/Cancelled: 2021-06-25 (never received online nor mail notification, just an email reply to tier 2 inquiry about status)

Interview ReScheduled: 2021-11-02

Interview Date: 2021-11-30

Oath ceremony Scheduled/Cancelled/Placed in Line: 2021-12-01
Oath: 2022-1-24 ... JOURNEY OVER! 😺
 

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Teddy B Grand Master

Teddy B   17,252

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

Well.... I always say NOT to consult a lawyer but if I were in your shoes, I would. This seems like a complex case.

If you really want to move on and make this happen, go back to Nigeria and have your spouse file for CR1 if you have been married less than two years, or IR1 if over 2 years. You will probably have a ban depending on your current status/overstay.

If this is a real marriage there is nothing to fear.

This thread is over 2 years old. The op hasn't logged into their account since July of 2014.

Darnell Grand Master

Darnell   8,479

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

Well.... I always say NOT to consult a lawyer but if I were in your shoes, I would. This seems like a complex case.

If you really want to move on and make this happen, go back to Nigeria and have your spouse file for CR1 if you have been married less than two years, or IR1 if over 2 years. You will probably have a ban depending on your current status/overstay.

If this is a real marriage there is nothing to fear.

no fair! Topic is 3 years old. 2? 3? No fair!

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

Boiler Grand Master

Boiler   46,929

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Where is Harpa?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Boiler Grand Master

Boiler   46,929

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Mega shame.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Ontarkie Grand Master

Ontarkie   14,866

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

~~As it's been mentioned the OP is no longer active and this thread is locked. If you wish to keep the off topic conversation going you can do so in the proper forum.~~

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

 
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