Confused

[Makanaki 112]

Hello fam, I need help/clarification 

 

Married to my husband over 2 years now and he filed i130 & i485, almost a year after our marriage - long story on that (emotional, sexual abuse among others) I tried getting out of the marriage (filed for a divorce) but he got me to withdraw it - promised to change but he didn’t!

 

Months before our interview date (Feb 2019) I summoned the courage to move out. As he promised to torture me and my children he stayed true to his promise and would not go with me to the interview. (Interview date May 7th)

 

contacted UCIS and requested for a reschedule. Filed i360 got the receipt notice (May 14th) Whilst still waiting for rescheduled interview date I got a notification (May 31st) that i485 is denied and they will mail the reasons - if I don’t receive by June 15th to contact them

 

Waited and waited but till date still haven’t received the mail. I did contact them June 17th to request for it again but nothing yet

 

Got Prima Facie (July 8th) for 1 year 

 

My question is (1) why was i485 denied, is it based on my filing i360? Can I demand for the reason?

 

(2) my drivers license was due to expire July 8th, tried renewing it back in June based on the initial 180 days extension they gave me back in March. My save verification was extended more than the normal 7 days (additional 20 days, I’m thinking it’s based on the fact they denied May 31st) but to my greatest surprise they renewed it for 6 years (at this point they were yet to send me prima facie) on what basis is this 6 years? Not that I’m complaining of this obviously but CURIOUS

 

3) checked my  e-verify and it looks like my work permit has been stopped, can I ask for it to be renewed?

 

All responses is highly appreciated 

 

thank you 🙏🏼

 

[Duke & Marie 1,389]

1 hour ago, Makanaki said:

Hello fam, I need help/clarification 

 

Married to my husband over 2 years now and he filed i130 & i485, almost a year after our marriage - long story on that (emotional, sexual abuse among others) I tried getting out of the marriage (filed for a divorce) but he got me to withdraw it - promised to change but he didn’t!

 

Months before our interview date (Feb 2019) I summoned the courage to move out. As he promised to torture me and my children he stayed true to his promise and would not go with me to the interview. (Interview date May 7th)

 

contacted UCIS and requested for a reschedule. Filed i360 got the receipt notice (May 14th) Whilst still waiting for rescheduled interview date I got a notification (May 31st) that i485 is denied and they will mail the reasons - if I don’t receive by June 15th to contact them

 

Waited and waited but till date still haven’t received the mail. I did contact them June 17th to request for it again but nothing yet

 

Got Prima Facie (July 8th) for 1 year 

 

My question is (1) why was i485 denied, is it based on my filing i360? Can I demand for the reason?

 

(2) my drivers license was due to expire July 8th, tried renewing it back in June based on the initial 180 days extension they gave me back in March. My save verification was extended more than the normal 7 days (additional 20 days, I’m thinking it’s based on the fact they denied May 31st) but to my greatest surprise they renewed it for 6 years (at this point they were yet to send me prima facie) on what basis is this 6 years? Not that I’m complaining of this obviously but CURIOUS

 

3) checked my  e-verify and it looks like my work permit has been stopped, can I ask for it to be renewed?

 

All responses is highly appreciated 

 

thank you 🙏🏼

 

Likely because you’ve separated pending divorce... if you filed for marriage immigration, youre no longer eligible 

[Makanaki 112]

3 hours ago, Duke & Marie said:

Likely because you’ve separated pending divorce... if you filed for marriage immigration, youre no longer eligible 

We haven’t started any divorce proceedings. We are still very much married

[Duke & Marie 1,389]

15 minutes ago, Makanaki said:

We haven’t started any divorce proceedings. We are still very much married

You’re post says you previously filed but withdrew, and now you’ve seperated again by moving out... if you’ve applied for marriage visa, you’re not eligible if not in a relationship with your husband regardless of being legally married

[Makanaki 112]

3 minutes ago, Duke & Marie said:

You’re post says you previously filed but withdrew, and now you’ve seperated again by moving out... if you’ve applied for marriage visa, you’re not eligible if not in a relationship with your husband regardless of being legally married

Yes I did that back in 2017. But withdrew. 

 

According to law law we are still legally married. Our separation has not been declared. 

[Duke & Marie 1,389]

2 minutes ago, Makanaki said:

Yes I did that back in 2017. But withdrew. 

 

According to law law we are still legally married. Our separation has not been declared. 

Yet you have seperated... he is your petitioner, without him i130 is denied... and even if accepted... what happens when you get to NVC phase? he needs to sign affidavit of support, sorry but he’d be nuts to commit to supporting you for 10 years if you’re already living apart. No offence, but let’s be realistic 

[Makanaki 112]

Just now, Duke & Marie said:

Yet you have seperated... he is your petitioner, without him i130 is denied... and even if accepted... what happens when you get to NVC phase? he needs to sign affidavit of support, sorry but he’d be nuts to commit to supporting you for 10 years if you’re already living apart. No offence, but let’s be realistic 

You are misunderstanding my point I think. I have already filed i360, I’m not looking towards him anymore. Was what could be the basis of denial of i485. Cos it automatically stopped my EAD

[Duke & Marie 1,389]

5 minutes ago, Makanaki said:

You are misunderstanding my point I think. I have already filed i360, I’m not looking towards him anymore. Was what could be the basis of denial of i485. Cos it automatically stopped my EAD

I’m not sure how it would work, you’d have to prove abuse no doubt, but unless i130 etc was approved prior to separation, I doubt you have grounds to be able to stay...I know for spouses overseas waiting approval, in this instance i130 would be denied if the relationship ended and we stay in our home country..so why should you be permitted to stay is the question? 

[Makanaki 112]

2 hours ago, Duke & Marie said:

I’m not sure how it would work, you’d have to prove abuse no doubt, but unless i130 etc was approved prior to separation, I doubt you have grounds to be able to stay...I know for spouses overseas waiting approval, in this instance i130 would be denied if the relationship ended and we stay in our home country..so why should you be permitted to stay is the question? 

🧐🤨 

[Laurelia 3]

Did you receive a new receipt number for the I-360? What does the status say when you check online? 

 

My guess is he withdrew his affidavit of support (I-864) therefore your I-485 is denied.

 

Please look here for VAWA cases:

 

[Makanaki 112]

48 minutes ago, Laurelia said:

Did you receive a new receipt number for the I-360? What does the status say when you check online? 

 

My guess is he withdrew his affidavit of support (I-864) therefore your I-485 is denied.

 

Please look here for VAWA cases:

 

Thanks Laurelia I will surely go through the link.

 

yes I received a new receipt number for the i360 and also been given prima facie

 

how can I find out if he withdrew the petition?

[Hypnos 6,576]

See what the I-485 denial notice says.

 

As stated above, he probably withdrew his I-864 which automatically leads to a denial of your I-485.

Edited July 13, 2019 by Hypnos

[Makanaki 112]

3 minutes ago, Hypnos said:

See what the I-485 denial notice says.

 

As stated above, he probably withdrew his I-864 which automatically leads to a denial of your I-485.

That’s the mysterious part. I saw the notice online stating they have mailed the reasons since 31st May. Didn’t get it. Requested for it to be resent June 17th. Till date I’m yet to see “it. But I’ve received letters during the same period for the i360

[Laurelia 3]

I may have posted the older thread but it contains the link to the newer one. Sorry about that. 

 

I hate to rub salt in the wound but are you 100% sure your husband didn't intercept the denial letter and isn't telling you? 

[Makanaki 112]

Just now, Laurelia said:

I may have posted the older thread but it contains the link to the newer one. Sorry about that. 

 

I hate to rub salt in the wound but are you 100% sure your husband didn't intercept the denial letter and isn't telling you? 

There’s a high possibility he did. Maybe I will just stop worrying about it and concentrate on i360. He has done his worst so far. I will concentrate and stop his actions from affecting me any longer 😞