I-131 AP Denial Notice

[Gomast 65]

I did not send all the evidence I brought to the interview with the AOS package. The reason is that I submitted the AOS package on 9/23/19. The interview was on 2/16/22. I submitted to the interviewer more evidence that we gathered over the 2.5 years of our marriage.

Regarding the home address - it was a big mistake. The reason is that my wife who has been living in our apartment before she met me, always used her parents mailing address and she didn't have a key to our apartment's mailbox. Only recently we found the key. It's a silly reason. And we didn't think that it would matter. But it does.

[Gomast 65]

4 minutes ago, mytruelove18 said:

I red your experience, 2 differents address is a hight concern, for the officer you were living appart. You say if your wife add you yo the lease they raise the rent, but in yor case that was very important show common residence.

best thing to do is send a new aos package with same address and all evidence as you can

The I-485 was not denied yet. I haven't received RFE for it. Only the I-131 was denied.

[Gomast 65]

Here is the letter. I wish I knew what are they talking about. I asked the interviewer if we should change our mailing address now. He said no, and just to wait for the response from USCIS regarding the I-485.

Should I hire an attorney? If they think that I misrepresented something, and I don't even know what, I need to show them somehow that I didn't.

 

[mytruelove18 607]

25 minutes ago, Gomast said:

The I-485 was not denied yet. I haven't received RFE for it. Only the I-131 was denied.

Wait for the i-485 letter and then you will know what to do

[Timona 3,931]

Dont worry about it. Just wait for the outcome of your GC.

 

Having 2 different addresses is not an issue. You're not the first, nor are you the last. People have it and have been approved. USCIS even knows of spouses who work at different town and meet on weekends. If the job is over there and pay is good, it's understandable. 

 

Denial of AP is nothing to me. It was going to be useless after your GC anyways. 

 

Do you have online USCIS account? If not, create one and add your receipt numbers. It'll tell you more information. Quit worrying @Gomast

[African Zealot 1,452]

It’s easy to say however try to relax and wait for the 485. If you can call and get info ahead of time or from your online account too would be great so you can start preparing the rebuttal.

 

Good luck 

[Gomast 65]

I wasn’t expecting that in a renewal of AP, after approvals of my first AP, K1, and two EADs I would be accused of misrepresentation and fraud. But you are right. I’ll wait for the I-485 response from the USCIS.  

 

I really appreciate all the help! 

[SalishSea 16,746]

1 hour ago, Gomast said:

I wasn’t expecting that in a renewal of AP, after approvals of my first AP, K1, and two EADs I would be accused of misrepresentation and fraud. But you are right. I’ll wait for the I-485 response from the USCIS.  

 

I really appreciate all the help! 

I thought you said you were adjusting from a student/work visa?

[Gomast 65]

36 minutes ago, Jorgedig said:

I thought you said you were adjusting from a student/work visa?

No, it’s AOS from K-1. I had H1B work visa until may 2017. 
 

To clarify: I had H1B until may 2017, then I moved back to Israel. Met my wife in March 2018 and we applied for K1 in January 2019. Moved to the US in July 2019. The interviewer asked me to go through this timeline to make sure that I didn’t overstay, which I haven’t. 

Edited March 2, 2022 by Gomast

[SalishSea 16,746]

23 minutes ago, Gomast said:

No, it’s AOS from K-1. I had H1B work visa until may 2017. 
 

To clarify: I had H1B until may 2017, then I moved back to Israel. Met my wife in March 2018 and we applied for K1 in January 2019. Moved to the US in July 2019. The interviewer asked me to go through this timeline to make sure that I didn’t overstay, which I haven’t. 

Was your wife interviewed separately during the AOS interview?

[Gomast 65]

21 minutes ago, Jorgedig said:

Was your wife interviewed separately during the AOS interview?

No, we were together throughout the interview. And the interviewer didn't mention anything about fraud or misrepresentation..

[SalishSea 16,746]

3 minutes ago, Gomast said:

No, we were together throughout the interview. And the interviewer didn't mention anything about fraud or misrepresentation..

Well, that is very strange.  Normally if fraud was a consideration, you would be made aware of that at the interview via separation or the line of questioning. 

 

I wonder if there was some sort of error made on the AP?  I don't understand why they would examine that application through the lens of fraud/misrep, and not examine the AOS through the same, as your AP is clearly based on the I-485.   

 

Curious indeed.

[Villanelle 4,121]

Your username sounded familiar. Sorry to hear about the problems.

 

The reason why you are getting the standard dont panic advice is because you didn't post the complexity of your situation. 

 

 

I would suggest you find a lawyer that has experience in dealing with difficult cases where fraud is suspected. 

 

You might also want to expect a home visit as well as a second interview. A lawyer would be helpful for the future interviews and would also be needed if/when you get a NOID.

 

Have the kids gotten greencards yet through the mom?

 

Do not withdraw and file again unless the attorney advises such. When a fraud notation is put in your file it doesn't go away by refiling, you must resolve their concerns.

[Mike E 11,722]

I’d say panic is in order. @Gomast have you hired an immigration attorney yet?

 

On the mailing address issue, given how poorly USCIS handles address changes, it’s reasonable to use a mailing address that differs from physical address.  But now I see that in combination with the ambiguity around the children’s immigration status why USCIS seems to be hostile. 

[Gomast 65]

2 hours ago, Villanelle said:

Your username sounded familiar. Sorry to hear about the problems.

 

The reason why you are getting the standard dont panic advice is because you didn't post the complexity of your situation. 

 

 

I would suggest you find a lawyer that has experience in dealing with difficult cases where fraud is suspected. 

 

You might also want to expect a home visit as well as a second interview. A lawyer would be helpful for the future interviews and would also be needed if/when you get a NOID.

 

Have the kids gotten greencards yet through the mom?

 

Do not withdraw and file again unless the attorney advises such. When a fraud notation is put in your file it doesn't go away by refiling, you must resolve their concerns.

Let me clarify about my kids. It came up during the interview. Two are USC. Two are Israelis. They live with their mom in the US. She is Israeli, she got married to a USC and applied for them. That’s all the IO wanted to know. He didn’t continue to explore the situation with my kids. I gave him the custody agreement approved by a US court. My actual divorce was in Israeli rabbinical court in November 2018. I got married to my USC wife in August 2019. The child custody was decided in a US court in May 2020. IO focused on these dates to make sure divorce was already finalized by the time I remarried.  

Having a home visit and a second interview would actually be good, because this way I could easily show that I live with my wife, many people in the building know me (we have been living together in the same building for 2.5 years) and we got to know each other very well over the course of 4 years together. 
 

If anyone knows a good lawyer in Miami, please message me.