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DeniseW4925

Husband's I-765 got denied today

By DeniseW4925 in Adjustment of Status from Work, Student, & Tourist Visas

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DeniseW4925 Rookie

DeniseW4925   0

Posted
Filed: Timeline
Posted

We received the online notification today. We are heartbroken and broke. He can't work and only on my income. They said we'd receive the reasons within 2 weeks of why it was denied. But, I can't for the life of me understand why they would deny him. His 485 is pending, we sent in the information for the RFE. I don't get it. It's like they kept stalling us. Do you think because he called everyday, they just stamped it denied? I'm sorry. We are so depressed, down and confused. I know we'll get the answers, but I'm anxious. Anyone else go through this?

KayDeeCee Grand Master

KayDeeCee   4,893

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

What was the RFE for? What did you send in response? If you did not satisfy the RFE, then they can deny.

What visa is he adjusting from? What category did you put on the form?

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

Ebunoluwa Veteran

Ebunoluwa   6,136

Posted
Filed: AOS (apr) Country: Cyprus
 Timeline
Posted

If you give more details you could get more specific answers. :time:

Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

Pitaya Grand Master

Pitaya   2,577

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

OP: What type of visa are you adjusting from?

Pitaya

VJ Moderation

Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

"Si vis amari, ama" - Seneca

 

 

 

Unidentified Mentor

Unidentified   2,930

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

We received the online notification today. We are heartbroken and broke. He can't work and only on my income. They said we'd receive the reasons within 2 weeks of why it was denied. But, I can't for the life of me understand why they would deny him. His 485 is pending, we sent in the information for the RFE. I don't get it. It's like they kept stalling us. Do you think because he called everyday, they just stamped it denied? I'm sorry. We are so depressed, down and confused. I know we'll get the answers, but I'm anxious. Anyone else go through this?

Please update your timeline and give us more information so that we can help you out better.





DeniseW4925 Rookie

DeniseW4925   0

Posted
Filed: Timeline
  • Author
Posted

Ok he's adjusting from an expired student visa. The I-130 was already approved. They requested a copy of the I-94. We sent it the day after we received the request. He was detained two years ago for 19 days and they took his passport, so we are waiting on the deportation hearing set for next year. The lawyer we had at the time filed his I-485, but failed to file a Motion to terminate the deportation proceedings before our I-130 interview. So ICE could not make a determination on the I485, and left it to the immigration court. So we lost the filing fee and have to refile the 485. In the meantime we filed the I-765.

*Snowdrop* Proficient

*Snowdrop*   604

Posted
Filed: Lift. Cond. (apr) Country: United Kingdom
 Timeline
Posted

Ok he's adjusting from an expired student visa. The I-130 was already approved. They requested a copy of the I-94. We sent it the day after we received the request. He was detained two years ago for 19 days and they took his passport, so we are waiting on the deportation hearing set for next year. The lawyer we had at the time filed his I-485, but failed to file a Motion to terminate the deportation proceedings before our I-130 interview. So ICE could not make a determination on the I485, and left it to the immigration court. So we lost the filing fee and have to refile the 485. In the meantime we filed the I-765.

So do you currently not have a pending I-485?

Pitaya Grand Master

Pitaya   2,577

Posted
Filed: Lift. Cond. (apr) Country: China
 Timeline
Posted (edited)

~Moved from Fam.-based AOS to WStudentT-based AOS Forum~

~Adjusting from student visa~

Edited by Pitaya

Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

"Si vis amari, ama" - Seneca

 

 

 

KayDeeCee Grand Master

KayDeeCee   4,893

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

Ok he's adjusting from an expired student visa. The I-130 was already approved. They requested a copy of the I-94. We sent it the day after we received the request. He was detained two years ago for 19 days and they took his passport, so we are waiting on the deportation hearing set for next year. The lawyer we had at the time filed his I-485, but failed to file a Motion to terminate the deportation proceedings before our I-130 interview. So ICE could not make a determination on the I485, and left it to the immigration court. So we lost the filing fee and have to refile the 485. In the meantime we filed the I-765.

So what basis does he have for getting an EAD? What eligibility category was used? He has no pending I-485, so he is not an adjustment applicant.

The USCIS notification denial letter should let you know exactly why it was denied.

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

Katherine93 Enthusiast

Katherine93   30

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

I think without a pending I485 it can be expected that the I765 would be denied.

08/13/2013 Came to the US on F1 visa

09/26/2013 Met my husband

11/03/2013 Started dating

03/11/2015 Got married at the court house

10/23/2015 Medical exam done

11/04/2015 AOS package mailed out by USPS priority (I130 & I145 concurrent filing)

11/06/2015 Packaged delivered to Chicago Lockbox

11/13/2015 Both checks cashed by USCIS

11/15/2015 Received text msg notification of receipts of I765, I131, I130 and I485

11/19/2015 Received NOA in mail

11/20/2015 Received biometrics appointment letter in the mail

12/04/2015 Biometrics appointment completed

12/09/2015 Case ready to be scheduled for interview

01/25/2016 Submitted online service request for EAD

01/27/2016 I765 case status updated to "New Card Being Produced"

01/28/2016 EAD officially approved and card has been mailed

02/03/2016 EAD/AP combo card received in the mail. YAY!

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

10/27/2016 EAD/AP renewal application mailed USPS priority

10/29/2016 EAD/AP renewal package delivered to Chicago Lockbox (Saturday)

11/02/2016 Online case status updated to interview scheduled for December 8th

11/12/2016 New medical exam done due to one year validity

12/08/2016 AOS interview and case was APPROVED, new card is being produced

12/12/2016 Received Approval/welcome notice in the mail

12/16/2016 Received conditional green card in the mail

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

01/31/2017 Filed for divorce (long story)

07/26/2017 Final divorce decree granted 

08/21/2017 i-751 with divorce waiver package mailed USPS priority 

08/28/2017 NOA/Extension letter received in mail 

11/01/2018 New card is being produced

11/02/2018 Case approved 

11/06/2018 Card has been mailed to me

11/08/2018 Received 10 year green card in mail

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

2/21/2022 Applied for N-400 Naturalization online. Bio-reuse. 

8/16/2022 Interview scheduled for 9/19

9/19/2022 Interview. Recommended for Approval 

10/12/2022 Oath Ceremony 

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

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