Filling i485 for second time, first one was denied

[grc_m8 0]

So here is my case. 

 

I was 26, from Mexico, my mom is a us citizen and I was living in Mexico, one day in 2016 while I was visiting my mom and family (since I am the only one with visitor visa of my family all of them are us citizens already) a lady that was helping people to send migration papers in the area and friend of my moms friend told my mom that I can move to usa and while I was here get the aos and send i130 as well. I read that I wasn’t able since i was older than 21 and I have to wait outside but since she said that I can since my mom is a us citizen, that doesn’t say online because they don’t want everybody doing that of coming to USA visiting and with the intention of do the aos and other reasons she told, that I just had to come to country and send applications before my permit expired, so that’s what we did, we sent i130 and i485 (she doesnt even tell us about the work permit or travel permit) and all was normal I had my biometric appointment they even asked for more info and we sent it but one day we had a question about my case we went to an attorney office and this guy help me as well and he didn’t say anything bad about me being 27 either, then I went to this guy office again and he was off that day so we went with another lady in that same office and that day was when I knew i didn’t apply for the aos! By that time I already overstayed in USA already without knowing I was doing it and so i was sad, scared that if I leave I was not Going go be able to get back to usa no more for a lot of years without seeing my family often and we are very close! I paid 2000 for all applications transcripts etc for nothing and even worst I orverstayed in the country!

 

By that time I had my boyfriend and we decided to move together. After like 8 months he asked me if I wanna marry him! He was us resident in the process to become us citizen. After the proposal and before the wedding I got the letter for the aos interview but I didn’t attended! A lawyer told me they could send me to Mexico so i decided not to go to the interview and I got in the mail the response! My aos and i130 was denied! And in the letter said i am not authorized to remain in the USA and should make arrangements to depart as soon as possible. I got married and my husband got his us citizen last December now we want to send application for i130 and i485 but I am scared because I overstayed and I already apply for aos and was denied! So do I apply ? What are my options here? Help!

[Zaczon 62]

6 minutes ago, grc_m8 said:

So here is my case. 

 

I was 26, from Mexico, my mom is a us citizen and I was living in Mexico, one day in 2016 while I was visiting my mom and family (since I am the only one with visitor visa of my family all of them are us citizens already) a lady that was helping people to send migration papers in the area and friend of my moms friend told my mom that I can move to usa and while I was here get the aos and send i130 as well. I read that I wasn’t able since i was older than 21 and I have to wait outside but since she said that I can since my mom is a us citizen, that doesn’t say online because they don’t want everybody doing that of coming to USA visiting and with the intention of do the aos and other reasons she told, that I just had to come to country and send applications before my permit expired, so that’s what we did, we sent i130 and i485 (she doesnt even tell us about the work permit or travel permit) and all was normal I had my biometric appointment they even asked for more info and we sent it but one day we had a question about my case we went to an attorney office and this guy help me as well and he didn’t say anything bad about me being 27 either, then I went to this guy office again and he was off that day so we went with another lady in that same office and that day was when I knew i didn’t apply for the aos! By that time I already overstayed in USA already without knowing I was doing it and so i was sad, scared that if I leave I was not Going go be able to get back to usa no more for a lot of years without seeing my family often and we are very close! I paid 2000 for all applications transcripts etc for nothing and even worst I orverstayed in the country!

 

By that time I had my boyfriend and we decided to move together. After like 8 months he asked me if I wanna marry him! He was us resident in the process to become us citizen. After the proposal and before the wedding I got the letter for the aos interview but I didn’t attended! A lawyer told me they could send me to Mexico so i decided not to go to the interview and I got in the mail the response! My aos and i130 was denied! And in the letter said i am not authorized to remain in the USA and should make arrangements to depart as soon as possible. I got married and my husband got his us citizen last December now we want to send application for i130 and i485 but I am scared because I overstayed and I already apply for aos and was denied! So do I apply ? What are my options here? Help!

I am so sorry for you earlier but was happy for you towards the ending.

If your husband is a US citizen,let him apply for a CR-1/IR-1 visa type and you are good to go.

It takes about a year and some months depending on where you are from.

I wish you all the best.

[grc_m8 0]

10 minutes ago, Zaczon said:

I am so sorry for you earlier but was happy for you towards the ending.

If your husband is a US citizen,let him apply for a CR-1/IR-1 visa type and you are good to go.

It takes about a year and some months depending on where you are from.

I wish you all the best.

Thanks for the quick response! Maybe I didn’t explain all correctly and sorry for that! I live in USA already with my husband I already overstayed for long time like 2 years. I married my Husband 5 months ago, and I moved to live with him like a year and half ago a few months before knowing I wasn’t able to adjust status! I was reading about that visa and I don’t think I apply to that one since I am already here, am I wrong? And is it possible to apply for a second aos?

[Zaczon 62]

3 minutes ago, grc_m8 said:

Thanks for the quick response! Maybe I didn’t explain all correctly and sorry for that! I live in USA already with my husband I already overstayed for long time like 2 years. I married my Husband 5 months ago, and I moved to live with him like a year and half ago a few months before knowing I wasn’t able to adjust status! I was reading about that visa and I don’t think I apply to that one since I am already here, am I wrong? And is it possible to apply for a second aos?

Applying for a second AOS might make things worse for you especially when you’ve been denied the first one already.

Also in preparing for the CR-1/IR-1 visa type,you will have to be in your home country whilst its being processed till you get your visa.

I will rather choose the latter if I were you since it only takes a year and 2 months approximately.

[grc_m8 0]

15 hours ago, Zaczon said:

Applying for a second AOS might make things worse for you especially when you’ve been denied the first one already.

Also in preparing for the CR-1/IR-1 visa type,you will have to be in your home country whilst its being processed till you get your visa.

I will rather choose the latter if I were you since it only takes a year and 2 months approximately.

But they won’t let me come back if I leave to my home country since I overstayed already so I will have to wait 5 years or 10 before appliying for that visa ! I will be there for years before coming back to see my family and my husband! 

[C90 376]

17 hours ago, grc_m8 said:

So here is my case. 

 

I was 26, from Mexico, my mom is a us citizen and I was living in Mexico, one day in 2016 while I was visiting my mom and family (since I am the only one with visitor visa of my family all of them are us citizens already) a lady that was helping people to send migration papers in the area and friend of my moms friend told my mom that I can move to usa and while I was here get the aos and send i130 as well. I read that I wasn’t able since i was older than 21 and I have to wait outside but since she said that I can since my mom is a us citizen, that doesn’t say online because they don’t want everybody doing that of coming to USA visiting and with the intention of do the aos and other reasons she told, that I just had to come to country and send applications before my permit expired, so that’s what we did, we sent i130 and i485 (she doesnt even tell us about the work permit or travel permit) and all was normal I had my biometric appointment they even asked for more info and we sent it but one day we had a question about my case we went to an attorney office and this guy help me as well and he didn’t say anything bad about me being 27 either, then I went to this guy office again and he was off that day so we went with another lady in that same office and that day was when I knew i didn’t apply for the aos! By that time I already overstayed in USA already without knowing I was doing it and so i was sad, scared that if I leave I was not Going go be able to get back to usa no more for a lot of years without seeing my family often and we are very close! I paid 2000 for all applications transcripts etc for nothing and even worst I orverstayed in the country!

 

By that time I had my boyfriend and we decided to move together. After like 8 months he asked me if I wanna marry him! He was us resident in the process to become us citizen. After the proposal and before the wedding I got the letter for the aos interview but I didn’t attended! A lawyer told me they could send me to Mexico so i decided not to go to the interview and I got in the mail the response! My aos and i130 was denied! And in the letter said i am not authorized to remain in the USA and should make arrangements to depart as soon as possible. I got married and my husband got his us citizen last December now we want to send application for i130 and i485 but I am scared because I overstayed and I already apply for aos and was denied! So do I apply ? What are my options here? Help!

You can try, but if I was the IO I would be very suspicious that your AOS gets denied, you marry a USC and apply again. Could seem like GC fraud and that's gonna get you in way more trouble then leaving and filing CR1.

 

I hate to say this, but AOS is YOUR responsibility, not your moms friend's. You should've educated yourself on the process and be on top of the process instead of leaving your faith in someone else's hands. That's how USCIS sees it.

 

Anyway, I read before that overstay might be forgiven when you marry a USC, but I have not enough knowledge of this process to know if this also goes for your case. I think you should talk to an actual immigration lawyer asap to figure this out. The longer you stay unauthorized in the USA the more trouble it could get you into.

[Zaczon 62]

3 hours ago, grc_m8 said:

But they won’t let me come back if I leave to my home country since I overstayed already so I will have to wait 5 years or 10 before appliying for that visa ! I will be there for years before coming back to see my family and my husband! 

Thats ###### dear.

I will suggest you contact an immigration lawyer to help you out.

Its better to do it now than later or you might get into way more trouble than you are in now.