Advice please. i-130 and i-485 denied, will be filing motion to reopen

[afternoontea 0]

Hello,

 

I really need some advise on my case. Please no comments on lawyers i'm fully aware that a option.

 

So, I've applied for an adjustment of status and my issue start after my interview was completed. Me and my wife both got one question wrong during the interview which was what was her previous address before this current one. We have been living in the same house for 2years and have since forgotten our previous address. 

 

That interview was on Feb 11. My EAD/AP card was about to expire so i applied for a renewal March 16. I received no updates from uscis. My case was also not updated on the website. On April 6, I called USCIS and was told my i485 is waiting to be reviewed. On May 25, I contacted uscis about the EAD/AP and i was told to send an email to lockbox support. and my AOS is still pending.  JULY 29, i finally get a response saying a notice was sent to me. I never received it.

 

So i Decide to call and talk to  tier 2 officer.

 

I was sent a NOID on February 19. I didnt receieve this. and because i did not respond to the NOID both the i130 and i485 was denied. the denial letter was issued May 26. see image.

 

 

After talking to USCIS officer they advised my to file i230b before August 26. They also was unable to email the NOID because the deadline has already passed... 

 

My question is

1) how do i effectively submit a i230b?

2) what documents should i provide?

3) I never saw the denial letter, so do i address the question we answered incorrectly in the interview?

4) what other evidence do i submit to show bonfide relationship?

5) what do i include in the brief?

6) Do i file two motions to reopen? one for i130 and one for i485 and pay two fees?

And any other advice would be appreciated. I'm soo nervous and anxious.  

 

 

[carmel34 3,530]

54 minutes ago, afternoontea said:

My question is

1) how do i effectively submit a i230b?

2) what documents should i provide?

3) I never saw the denial letter, so do i address the question we answered incorrectly in the interview?

4) what other evidence do i submit to show bonfide relationship?

5) what do i include in the brief?

6) Do i file two motions to reopen? one for i130 and one for i485 and pay two fees?

And any other advice would be appreciated. I'm soo nervous and anxious.  

Here's my advice:

1. don't bother with the i-230b unless you are absolutely certain that USCIS made an error, because the appeal process takes a very long time with no guarantee of success.  What documents did you submit with the AOS package to show bona fide marriage relationship?  Without this information it is difficult to give you good advice.

2.  if you decide that your initial AOS package was strong with lots of supporting evidence and you are filing the i-230b appeal, include documentation that shows it was an error on the part of USCIS.  It sounds from your post that they denied the AOS based on the evidence submitted and the interview.  Whether you got the denial letter or not would not change their decision.  The question you mentioned, and the different answers given about a previous address, does not seem enough on its own to be the reason for the denial.  What other questions were asked?  Were you together for the interview?  How long was the interview?  This information could give us some ideas about what may have led to the denial.

3.  try to get a copy of the denial letter so that you can know better on what basis they made their decision, sometimes they spell it out in the letter, sometimes they don't.  You can submit a FOIA request to try to get the denial letter but that could take a long time, so try to call USCIS and ask them to re-send it.

4.  we can't help you with this question unless you tell us clearly what evidence you sent with the AOS package.  So please share what documents you sent to prove that your marriage relationship is bona fide--joint bank account statements, joint credit card accounts, IRS tax transcripts showing that you filed as married, joint lease/mortgage/deed, will, living will, power of attorney, shared health insurance documents, etc.  Were there any red flags in your relationship, circumstances, past visa denials, inconsistencies in the information you provided, criminal record, etc., that you need to overcome?  If there are significant complicating factors then an experienced immigration attorney should be consulted.

5.  how is this question different from #2?

6.  I recommend skipping the i-230b based on what you've said so far and just file a new AOS package.  make sure your evidence of bona fide marriage is stronger, so do more research on what others have included.

 

Good luck!

Edited August 6, 2021 by carmel34

[Boiler 43,432]

I seriously doubt you would be denied based on the answer to one question.

 

Do you have a Lawyer?

[arken 4,197]

Whether it's just that one question or multiple, it clearly says what you two said doesn't align with what was submitted. Until you can prove uscis was wrong in saying so, appeal is fruitless.

 

The best is to apply fresh petition again taking care of any issues from the interview.

[JeanneAdil 6,193]

Refile as you do not want to be "out of status"

appeals court is seriously backed up

 

 

The total number of backlogged immigration cases is now 1,337,372, the most ever. “The number of cases are climbing every single month with no end in site,” Kocher said. The new data out this week is compiled by TRAC, which tracks via public information requests all U.S. immigration court cases.Jun 15, 2021

 

https://trac.syr.edu/phptools/immigration/court_backlog/

[Boiler 43,432]

I also assume that you need to refile.

 

And that there are more issues than have been mentioned, May well not be a DIY case.

[Crazy Cat 39,220]

Put me in the camp that says "Refile".  There must be more to this story.  This might be an attorney guided case. 

Edited August 6, 2021 by Lucky Cat

[Verrou 1,899]

i dont think they denied just because of one mistake on the past address. i lived in the states for less than 5 years and have been moving more than 5 times. i cant remember my old addresses. best way to talk with lawyer, i know that you already know that. just dont want to take the chance to re-file and got denied again and take more years to get the greencard. just my 2 cents 

Edited August 6, 2021 by Misscloud

[African Zealot 1,452]

3 hours ago, afternoontea said:

Hello,

 

I really need some advise on my case. Please no comments on lawyers i'm fully aware that a option.

Get a lawyer 🤣😁🤣. It’s against the TOS to muzzle contributors from responding to your post.

[SalishSea 16,770]

5 hours ago, afternoontea said:

Hello,

 

I really need some advise on my case. Please no comments on lawyers i'm fully aware that a option.

 

So, I've applied for an adjustment of status and my issue start after my interview was completed. Me and my wife both got one question wrong during the interview which was what was her previous address before this current one. We have been living in the same house for 2years and have since forgotten our previous address. 

 

That interview was on Feb 11. My EAD/AP card was about to expire so i applied for a renewal March 16. I received no updates from uscis. My case was also not updated on the website. On April 6, I called USCIS and was told my i485 is waiting to be reviewed. On May 25, I contacted uscis about the EAD/AP and i was told to send an email to lockbox support. and my AOS is still pending.  JULY 29, i finally get a response saying a notice was sent to me. I never received it.

 

So i Decide to call and talk to  tier 2 officer.

 

I was sent a NOID on February 19. I didnt receieve this. and because i did not respond to the NOID both the i130 and i485 was denied. the denial letter was issued May 26. see image.

 

 

After talking to USCIS officer they advised my to file i230b before August 26. They also was unable to email the NOID because the deadline has already passed... 

 

My question is

1) how do i effectively submit a i230b?

2) what documents should i provide?

3) I never saw the denial letter, so do i address the question we answered incorrectly in the interview?

4) what other evidence do i submit to show bonfide relationship?

5) what do i include in the brief?

6) Do i file two motions to reopen? one for i130 and one for i485 and pay two fees?

And any other advice would be appreciated. I'm soo nervous and anxious.  

 

 

You got a NOID because of answering a question about a previous address incorrectly?  That makes NO sense.

[dwheels76 5,459]

7 hours ago, afternoontea said:

 

I agree with everyone else an appeal is futile. On the NOID letter it clearly states "However, the testimony provided an the evidence in the record did not establish the claimed relationship".

1. So what evidence did you have in your AOS package seems you didn't frontload.
2. What Visa were you adjusting from?

3. How long have you been married?
4. How ling have you been in US?

 

[afternoontea 0]

That my isssue. I’m unclear on my I got a Noid. I’ve never seen the notice and uscis will not send it to me 

[dwheels76 5,459]

2 minutes ago, afternoontea said:

That my isssue. I’m unclear on my I got a Noid. I’ve never seen the notice and uscis will not send it to me 

If you didn't receive it then what is this you are showing us in the image? I am confused now.

 

See the problem with an appeal   is proving you didn't receive a mailing. All they will do verify the address if it's yours how do you prove you did or didn't receive. That's why you need to refile and this time get your petition package together.

 

I mean we asked you but what evidence of a comingling marriage did you provide,?

1. Bills together
2. Bank accounts jointly
3. Joint Tax filing
4. Lease/Mortgage/Deeds  both names added
5. Life Insurance
6. Car Insurace
7. Wills
8. Trips together

you have the best evidence living together so you both should have a boatload since you said you been in current place together over 2 years so that's at least 2 years together. So did you have evidence from the beginning of relationship to show this evolution of a marriage?

[Okboy 43]

6 hours ago, Boiler said:

I seriously doubt you would be denied based on the answer to one question.

 

Do you have a Lawyer?

OP said he doesn’t want to hear about a lawyer.

[dwheels76 5,459]

32 minutes ago, Okboy said:

OP said he doesn’t want to hear about a lawyer.

It's against Visajourney TOS Rules to tell a member what they can and can not mention.