My I-485 was denied without interview

[fikky 0]

Hi, I came into US 3 years ago and got married to a US citizen last year November and my wife filed in I-130 and I-485 a month after our marriage. She got pregnant last year December and I thought she was carrying my baby but i found out another man was responsible for the pregnancy in June. We tried to make the marriage work despite what happened so I stayed in the marriage but everything wasn’t going on fine. In May we received a RFIE letter on I-485 requesting for more information on affidavit of support which we mailed to them. My wife makes less then $15k a year so my dad also stand as a sponsor. She gave birth last month and since then I have been considering a divorce because I couldn’t bear it. Last week we got another RFIE letter from USCIS on I-130 asking for more evidence of bonafide marriage. My we were trying to get the documents together my I-485 was denied. Now I intend to divorce her because she has someone else’s child while we were married and more so she now started acting up and I can not live with that most especially I can not take care of another man’s child. I know if I divorce her, the I-130 too will be dead but my question is will that affect me later on when I remarry and put in another petition in the future.

Edited October 21, 2019 by Unlockable
Edited font format and color to make legible.

[SalishSea 16,770]

31 minutes ago, fikky said:

Hi, I came into US 3 years ago and got married to a US citizen last year November and my wife filed in I-130 and I-485 a month after our marriage. She got pregnant last year December and I thought she was carrying my baby but i found out another man was responsible for the pregnancy in June. We tried to make the marriage work despite what happened so I stayed in the marriage but everything wasn’t going on fine. In May we received a RFIE letter on I-485 requesting for more information on affidavit of support which we mailed to them. My wife makes less then $15k a year so my dad also stand as a sponsor. She gave birth last month and since then I have been considering a divorce because I couldn’t bear it. Last week we got another RFIE letter from USCIS on I-130 asking for more evidence of bonafide marriage. My we were trying to get the documents together my I-485 was denied. Now I intend to divorce her because she has someone else’s child while we were married and more so she now started acting up and I can not live with that most especially I can not take care of another man’s child. I know if I divorce her, the I-130 too will be dead but my question is will that affect me later on when I remarry and put in another petition in the future.

"Acting up"?  Jeez.

[fikky 0]

Please I need advice on how to go about the situation 

[Ed&Midori1031 330]

50 minutes ago, fikky said:

Hi, I came into US 3 years ago and got married to a US citizen last year November and my wife filed in I-130 and I-485 a month after our marriage. She got pregnant last year December and I thought she was carrying my baby but i found out another man was responsible for the pregnancy in June. We tried to make the marriage work despite what happened so I stayed in the marriage but everything wasn’t going on fine. In May we received a RFIE letter on I-485 requesting for more information on affidavit of support which we mailed to them. My wife makes less then $15k a year so my dad also stand as a sponsor. She gave birth last month and since then I have been considering a divorce because I couldn’t bear it. Last week we got another RFIE letter from USCIS on I-130 asking for more evidence of bonafide marriage. My we were trying to get the documents together my I-485 was denied. Now I intend to divorce her because she has someone else’s child while we were married and more so she now started acting up and I can not live with that most especially I can not take care of another man’s child. I know if I divorce her, the I-130 too will be dead but my question is will that affect me later on when I remarry and put in another petition in the future.

Sorry to hear that.  Do file the divorce.  As far as future relations having an affect on you, if you do decide to file for a visa again with someone, you just need to be honest about it on future applications.  

[SusieQQQ 11,584]

1 hour ago, fikky said:

...

Quote

when I remarry and put in another petition in the future.

 

Well, you seem to have it all planned out. 

[fikky 0]

Thanks SussieQQQ, also my step mom put in I-130 for me in 2016 before I got married and it still pending with uscis( says case was received till date) can that hold me here in the US after I divorce my wife since it is another pending case I have with uscis

[geowrian 22,335]

6 minutes ago, fikky said:

Thanks SussieQQQ, also my step mom put in I-130 for me in 2016 before I got married and it still pending with uscis( says case was received till date) can that hold me here in the US after I divorce my wife since it is another pending case I have with uscis

An I-130 does not grant any immigration benefits.

Is she a US citizen or green card holder?

[SusieQQQ 11,584]

12 minutes ago, fikky said:

Thanks SussieQQQ, also my step mom put in I-130 for me in 2016 before I got married and it still pending with uscis( says case was received till date) can that hold me here in the US after I divorce my wife since it is another pending case I have with uscis

No, not unless the priority date is current. You can’t adjust status from being out of status for such a petition. 

 

actually - if you got married, assuming your stepmom is USC, your getting married would change that petition from F1 to F3. If your stepmom is LPR, the petition lapsed when you got married. 

[fikky 0]

She is a US citizen

[fikky 0]

Is there anything I can do without going back to my country because if I do I will not be allowed entry into US again and changing status becomes even more difficult even if I get married again to a US while im back to my country 

[SusieQQQ 11,584]

11 minutes ago, fikky said:

Is there anything I can do without going back to my country because if I do I will not be allowed entry into US again and changing status becomes even more difficult even if I get married again to a US while im back to my country 

Why will you not be allowed entry into the US again?

anyway, the answer is no. You can’t just circumvent immigration laws. The longer you are out of status, the worse it is for you and the longer the whole process will take. 

 

Can you confirm your stepmother married your father before you were 18, by the way? 

[aaron2020 11,651]

30 minutes ago, fikky said:

Is there anything I can do without going back to my country because if I do I will not be allowed entry into US again and changing status becomes even more difficult even if I get married again to a US while im back to my country 

Based on the information you provided, there is nothing you can do to stay in the US.

Why would you not be allowed entry into the US again?  What was your status in the US for the last 3 years?  Have you been living here illegally?  Scared of getting a 10 years ban if you leave?

P.S.  Visa overstays are not forgiven for an adult child of a USC.  The petition filed by your stepmother is worthless if you are living here illegally.

Edited October 21, 2019 by aaron2020

[fikky 0]

Yes I was 17 when they got married

[fikky 0]

I came here with a visiting visa and over stayed it before getting married 

[geowrian 22,335]

2 minutes ago, fikky said:

I came here with a visiting visa and over stayed it before getting married 

As noted, your parent's petition won't permit you to adjust status within the US since you have overstayed. You will need to interview abroad when the time comes.