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osisgerd29

i485 denied, wife pregnant :(

By osisgerd29 in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

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osisgerd29 Contributor

osisgerd29   0

Posted
Filed: Timeline
Posted

Just want to know if its possible to apply for a cr1/ir1 petition after i485 denial? Is there a special consideration under certain circumstances such a pregnany?? what steps can we take? shall I let my spouse go back to her country? need advices :( can we fall under prosecutional discretion? **sigh** don't know what to do.

MacUK Proficient

MacUK   983

Posted
Filed: Other Country: United Kingdom
 Timeline
Posted

What was the reason for the denial?

August 2000: We start e-mailing. I'm in Bosnia, she's in Florida

October 29th 2000: She sends me e-mail asking if I would marry her

October 29th 2000(5 seconds later): I say yes

November 2000: She sends me tickets to Orlando for when I get back

December 6th 2000: Return from Bos

December 11th 2000: Fly to Orlando, she meets me at airport

December 22nd 2000: I fly back to UK

January 3rd 2001: She flies to UK (Good times)

Mid February 2001: Pregnancy test Positive

Mid February 2001: She flies back to US

March 2001: Miscarriage, I fly to US on first flight I can get

May 2001: I leave US before my 90 days are up

June 2001: I fly back to US, stopped at airport for questioning as I had only just left

September 2001: Pregnancy test Positive again

September 2001: She falls sick, I make decision to stay to look after her as I am afraid I may have problems getting back in.

April 16th 2002: Our son is born, we start getting stuff together for his passport

March 6th 2003: We leave US for UK as family

Early April 2003: Family troubles make her return to US, I ask Embassy in London about possibilities of returning to US

April 16th 2003: London Embassy informs me that I will be banned from the Visa Waiver Program for 10 years, my little boys first birthday

June 13th 2006: I-129f sent

August 11th 2006: NOA1 Recieved

After our relationship breaks down she admits to me that she had never bothered to start the application process

Alaska2012 Proficient

Alaska2012   462

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

Why was it denied?

Noa 1 August 15th 2011
Noa 2 March 2nd

NVC case numbers March 22nd
My sons AOS and IV bill paid March 23rd (status in progress)
My sons AOS and IV bill shows as paid March 26
My IV bill paid March 26
Both packages sent on March 26
My IV bill shows as paid on March 27th
CC on both cases March 30

Current record holder of fastest through the NVC :D

Medical exam in Stockholm April 13th
Interview on May 16th !!!
POE Anchorage July 12th!! 2012

July 2015 n-400 in the mail

September 2015, interview

October 23rd 2015, Oath ceremony!!!!!​​

Penguin_ie Grand Master

Penguin_ie   5,994

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

You most likely can do a CR-1 spousal visa, but for that she would need to leave the USA and wait outside the country for about a year- that is how long the process takes.

As the others have said, to advice what to do, we need to know why the AOS was denied, and what visa the pregnant spouse came in on. Pregnancy will not give you a special consideration though.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

 
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