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I-485 rejected: Please help

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Filed: Other Country: United Kingdom
Timeline

Hello, everyone I am an American Citizen and my wife is from Nepal.We had our adjustment of status interview today. The lady who interviewed us told that she has to deny our application because of my wife's two year home stay however we haven't got any formal letter from USCIS telling us it has been denied. She then told us we will hear back from USCIS in the next 30 days. My wife first came to the US in 2014 under the J 1 Visa. After completion of her J 1 program she went back to her country (Nepal) for 8 months. She has now been in the US as of December of 2015 on a F1 Visa. We got married on May 7, 2016 and filed for the green card. Right now she is out of school and we are scared she will be out of status since we got denied from our interview today (September 12, 2016). There is no way she can get a wavier the two year home stay. We were expecting to receive the work permit and social security so she can start working but that didn't happen. Also under the advanced parole document we thought she could go back to her country to complete rest of 16 months. Right now we are into a lot of problems and I love my wife so much, What are the possible options for us? Please give us credited feed back. Thank you!

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Filed: Citizen (apr) Country: Hungary
Timeline

~ Moved from "AOS from Family Based Visas" to "AOS from Work, Student and Tourist Visas" ~

Organizer hat off:

Your wife was not eligible to file I-485 and it will be denied.

From the instructions of form I-485:

"Who is Not Eligible to Adjust Status?

You are or were a J-1 or J-2 exchange visitor and are subject to the 2-year foreign residence requirement and you have not complied with or been granted a waiver of the requirement"

She needs a waiver or she has to return to her home country for another 16 months.


Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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Hello, everyone I am an American Citizen and my wife is from Nepal.We had our adjustment of status interview today. The lady who interviewed us told that she has to deny our application because of my wife's two year home stay however we haven't got any formal letter from USCIS telling us it has been denied. She then told us we will hear back from USCIS in the next 30 days. My wife first came to the US in 2014 under the J 1 Visa. After completion of her J 1 program she went back to her country (Nepal) for 8 months. She has now been in the US as of December of 2015 on a F1 Visa. We got married on May 7, 2016 and filed for the green card. Right now she is out of school and we are scared she will be out of status since we got denied from our interview today (September 12, 2016). There is no way she can get a wavier the two year home stay. We were expecting to receive the work permit and social security so she can start working but that didn't happen. Also under the advanced parole document we thought she could go back to her country to complete rest of 16 months. Right now we are into a lot of problems and I love my wife so much, What are the possible options for us? Please give us credited feed back. Thank you!

You clearly knew about the requirement, you obviously knew she hasn't complied.. and still filed the i485?


USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

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As stated, your I-485 was not appovable when you filed it due to your wife not fulfilling the two year HRR. Her application was always going to be denied.

Your options:

  • obtain a waiver of the HRR (this might not be applicable in all circumstances. It would depend on the country and how exactly her J-1 program was funded).

or

  • she returns to her country of origin until she has accumulated two years of residency there, then she would be eligible for an IR-1 immigrant visa.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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Filed: Other Country: United Kingdom
Timeline

Thank You all for reply. We didn't expect it to be rejected because one of my friend went through the same process. She was not given green card because of her 2 year home stay. But she was given work permit and allowed to travel to her country to complete home stay under advance parole documents. However, now my Question is should we wait for immigration department to send the formal document of Denial in order to go back to her country to complete two year home stay? Also we checked our Case Status this morning. I-130 that i filed for my wife has been approved however there is no update on I-485 and I-765. Is it a good thing?

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Thank You all for reply. We didn't expect it to be rejected because one of my friend went through the same process. She was not given green card because of her 2 year home stay. But she was given work permit and allowed to travel to her country to complete home stay under advance parole documents.

Really, are you sure? Did she have the green card interview before she traveled back to her home country to complete her home stay? And how many months of home residency were left?

However, now my Question is should we wait for immigration department to send the formal document of Denial in order to go back to her country to complete two year home stay? Also we checked our Case Status this morning. I-130 that i filed for my wife has been approved however there is no update on I-485 and I-765. Is it a good thing?

I-130 approval does not give your wife any legal status to stay in US. Since her I-1485 will be denied, her Advanced Parole / EAD will become invalid as well.


Done with K1, AOS and ROC

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Filed: Citizen (apr) Country: Hungary
Timeline

Your wife needs to return now.


Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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Filed: IR-1/CR-1 Visa Country: Ghana
Timeline

wasted your money on something you knew you don't qualify for..tsk tsk


(L)(L)(L)(L)(L)(L)(L)

CR- 1

Interview :  11/15/2016

Result: AP  (form 221 (g))

Correspondence with Embassy: Tons of emails, Facebook posts, tweets, Congressman inquiry

Complaint letter with OIG : 12/29/2016

Case dispatched to diplomatic pouch : 01/11/2017

Case dispatched from diplomatic mail service to NVC : 01/23/2017

Case arrived at NVC: 01/26/2017

NVC sent case to USCIS : 02/09/2017 (system update)

Case receive by USCIS (text & email notification): 03/07/2017

 

Reaffirm Petition Timeline for folks in GHANA.. Please update your information..Thank you!

https://docs.google.com/spreadsheets/d/1k0NXnbJdyEIRR1_Dr4t3yXmsM0tBbq-tZsj0-o3cMV0/edit?usp=sharing

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Your friend will be denied too. You have to be approvable at the time you file for AOS.


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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I don't think you have the info on the friend right?

You're saying that the friend WASN'T given a GC, but was given EAD and AP and "allowed to return to her country to live for two years". It sounds like she just got EAD and AP like anyone else would. You are free to leave the country at any point, it's coming BACK into the country that's an issue. I highly doubt that when your friend/friends wife, what ever it is, tries to come back into the country they will be allowed in.

Advance Parole is only good for a year, so your friend is going to have a bad time trying to come back into the country.


And if you look at your friends case the same as yours... Your wife was given work permit and advance parole and can leave the country to complete her time needed. It's the same thing. She needs to leave and complete her home stay.


*More detailed timeline in profile!*
 
Relationship:     Friends since 2010, Together since 2013

 K-1:   2015 Done in 208 days - 212g for Second Cosponsor    

Spoiler

04/27/15- NOA1 Recieved                                                    
06/02/15 - NOA2 Recieved
09/22/15 - Interview       (221g for more documents (a SECOND cosponsor), see profile for more details!)                                            
11/09/15 -  ISSUED!!                                                              
11/10/15 - Passport received                                                
02/20/16 - Wedding!              

                                         
 AOS:   2016 Done in 77 days - No RFE, No Interview                                                                    

Spoiler

04/08/16 - I-485, I-765, I-131 AOS Application recieved by USCIS
04/12/16 - 3 NOA1's received in mail
05/14/16 - Biometrics for AOS and EAD
06/27/16 - I-485 Case to changed to "New Card being produced"  (Day 77)
06/27/16 - I-485 Case changed to Approved! (Day 77)
06/30/16 - I-485 Case changed to "My Card has been mailed to me!"
07/05/16 - Green Card received in mail! 

 


ROC:   2018 - 2019 Done in 326 days - No RFE, No Interview

Spoiler

 

05/09/18 - Mailed out ROC to CSC

05/10/18 - CSC Signed and received ROC package
06/07/28 - NOA1 

06/11/18 - Check cashed

06/15/18 - NOA received in the mail
08/27/18 - 18 month extension received (Courtesy Copy)

09/18/18 - Request for official 18 month extension
10/22/18 - Official 18 month extension received 

02/27/19 - Biometrics waived 

04/29/19 - New card being produced!
05/09/19 - USPS delivered green card! In hand now!

 

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Thank You all for reply. We didn't expect it to be rejected because one of my friend went through the same process. If I had a dollar for every time someone said that. She was not given green card because of her 2 year home stay. But she was given work permit and allowed to travel to her country to complete home stay under advance parole documents. However, now my Question is should we wait for immigration department to send the formal document of Denial in order to go back to her country to complete two year home stay? Also we checked our Case Status this morning. I-130 that i filed for my wife has been approved however there is no update on I-485 and I-765. Is it a good thing?

I130s are usually approved with accompanying evidence. An officer who understands rules would find the i485 and i765 unapprovable.


USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

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The I-485 is going to be denied. It's a matter of when, not if. You can either wait for the formal denial, leave now, or withdraw the I-485 yourself. The last option is usually "cleanest", but I'd be surprised if you managed to get it done before USCIS denied it themselves.

An I-485 must be approvable at the time you file it, and yours wasn't.

Are you certain a waiver of the HRR is impossible in your circumstances?

Edited by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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