i130/i485 denied. Need help and advice!

[LittlebyLittle 16]

13 minutes ago, Crazy Cat said:

I'm curious.  How did you obtain an Employment Authorization Document?  Through your asylum application or through your I-485?

through asylum application

[Crazy Cat 39,400]

2 minutes ago, LittlebyLittle said:

through asylum application

OK.  Great...because an EAD through the I-485 would be voided now.

[LittlebyLittle 16]

4 minutes ago, Crazy Cat said:

OK.  Great...because an EAD through the I-485 would be voided now.

exactly you are right, thats what was mentioned in the denial decision

[IraLada 7]

On 12/26/2021 at 9:00 AM, ra0010 said:

To OP: 
I know I might come off as rude, but please don’t take it wrong. Somehow in your story it is perceived as if you want to stay by any means. No, I’m not saying that you are lying with the abuse! However, overstaying a B2, filing for asylum, then AOS denied and then VAWA can be perceived as “wanting to stay at any cost”. USCIS believed the relationship was not genuine, otherwise why would they have called your ex husband to the interview?

 

I am sorry, but I don't see her case as you do. You maybe forgot she applied for asylum. It is dangerous for her to come back. I came here not like for asylum, I did not have any issues with the Russian government. But even in my case, I am afraid to go to Russia to see my children. It is not safe there now.

And the second thing, before leaving the US she needs to get a divorce first. Do you think it is right to stay officially married to such a guy for her whole life? It is difficult to divorce if you are staying out of the US

[LittlebyLittle 16]

2 minutes ago, IraLada said:

 

I am sorry, but I don't see her case as you do. You maybe forgot she applied for asylum. It is dangerous for her to come back. I came here not like for asylum, I did not have any issues with the Russian government. But even in my case, I am afraid to go to Russia to see my children. It is not safe there now.

And the second thing, before leaving the US she needs to get a divorce first. Do you think it is right to stay officially married to such a guy for her whole life? It is difficult to divorce if you are staying out of the US

I am not even thinking of leaving the country. I have done absolutely nothing wrong. Only what I want - is a simple peaceful life without being afraid for myself and my daughter.

[Rocio0010 5,570]

8 minutes ago, IraLada said:

Do you think it is right to stay officially married to such a guy for her whole life?

Uh? Not sure where you got that from my comment.

4 minutes ago, LittlebyLittle said:

Only what I want - is a simple peaceful life without being afraid for myself and my daughter.

Then file for VAWA. You have a good case.

[LittlebyLittle 16]

1 minute ago, ra0010 said:

Uh? Not sure where you got that from my comment.

Then file for VAWA. You have a good case.

looks like I will. Thank you, it is just everything so overwhelming and hurting..

[Rocio0010 5,570]

3 minutes ago, LittlebyLittle said:

looks like I will. Thank you, it is just everything so overwhelming and hurting..

I do understand. But you need to protect yourself and your daughter! VAWA is the safest option.

[Mr Genuis 91]

On 12/25/2021 at 3:51 PM, LittlebyLittle said:

yes, it is. And it will be discussed with lawyer once weekend is over. But it is so scary to receive a letter that states we have to leave the country in 33 days...Even though we have asylum pending. Probably they have a certain pattern for such kind of denials (i485/i130) and they simply don't change the text.. Anyway, it was always hard to live through this weekend with uncertainty... 

This should not confused you. The decision was made separately. You were rejected the i130 petition not your asylum. The letter you received is what is given to any one who's i130 petition is refused and living in the US Without a legal status. It has nothing to do with your asylum. Now is time to follow up your asylum with your lawyer. 

Edited December 28, 2021 by Mr Genuis

[JaEnglishGirl 34]

On 12/26/2021 at 9:59 AM, LittlebyLittle said:

you are right. I am planning to apply for VAWA. This was designed to help people who experienced abusive relationships. Am I correct?

You are particularly well-informed...

[JaEnglishGirl 34]

On 12/26/2021 at 12:00 PM, ra0010 said:

To OP:

first of all, protect yourself and your child.  If you still live together, move out if you can. If you don’t have financial resources, reach to a women’s shelter. They should be able to help. 
I know I might come off as rude, but please don’t take it wrong. Somehow in your story it is perceived as if you want to stay by any means. No, I’m not saying that you are lying with the abuse! However, overstaying a B2, filing for asylum, then AOS denied and then VAWA can be perceived as “wanting to stay at any cost”. USCIS believed the relationship was not genuine, otherwise why would they have called your ex husband to the interview?

I would concur....the OP will absolutely ensure she remains by ANY MEANS necessary...