I-131 AP Denial Notice

[Gomast 65]

1 hour ago, Mike E said:

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. 

I don’t have an attorney yet. I am looking for one in Miami, that will be able to join us to the second interview. 
It’s probably too late at this point, but my wife and I will go to the DMV tomorrow to change our address on our licenses.

[Villanelle 4,121]

I understand you think they focused on the dates to make sure the marriages didn't overlap. Im suggesting they are focusing on the dates for a different reason.

 

Let me ask you- do you have any idea why they would tag your file for fraud suspicion?

 

You and your ex lived in the US for about a decade and then when various visas expired moved back to Israel and promptly filed for divorce and both remarried USCs and moved back to the US very quickly. None of that is illegal but it is suspicious. And it seems there is something in the Nevada custody order that is concerning to them. Probably the bit about how you will apply for the kids if she doesn't. 

 

This is something IMO an immigration attorney should look at. Often family court attorneys aren't familiar with immigration so it could be the wording in the custody order is rubbing USCIS the wrong way. USCIS may be interpreting the custody order as a legal order directing you to obtain status which you can see might be a problem right? For you to comply with the custody order (a legal decision) you must marry and obtain status. If the marriage falls apart you will not be able to obtain status for the kids as you are required to. 

 

If the children still don't have status perhaps it's because Mom was advised to not be the one filing for them by an immigration attorney who foresaw such fraud indicators? 

 

A solution may be to ammend the custody order wording to include wording like 'if eligible'. Dad will apply for status for the kids if eligible. 

 

The main point is having an order that says you must marry and obtain benefits is going to make it difficult to establish that that was not the reason for the marriage.

 

You can contact your local bar association for a list of attorneys. Look for someone who has experience with NOID and removal/court. Often they have an office in or near the court. 

[Gomast 65]

6 minutes ago, Villanelle said:

I understand you think they focused on the dates to make sure the marriages didn't overlap. Im suggesting they are focusing on the dates for a different reason.

 

Let me ask you- do you have any idea why they would tag your file for fraud suspicion?

 

You and your ex lived in the US for about a decade and then when various visas expired moved back to Israel and promptly filed for divorce and both remarried USCs and moved back to the US very quickly. None of that is illegal but it is suspicious. And it seems there is something in the Nevada custody order that is concerning to them. Probably the bit about how you will apply for the kids if she doesn't. 

 

This is something IMO an immigration attorney should look at. Often family court attorneys aren't familiar with immigration so it could be the wording in the custody order is rubbing USCIS the wrong way. USCIS may be interpreting the custody order as a legal order directing you to obtain status which you can see might be a problem right? For you to comply with the custody order (a legal decision) you must marry and obtain status. If the marriage falls apart you will not be able to obtain status for the kids as you are required to. 

 

If the children still don't have status perhaps it's because Mom was advised to not be the one filing for them by an immigration attorney who foresaw such fraud indicators? 

 

A solution may be to ammend the custody order wording to include wording like 'if eligible'. Dad will apply for status for the kids if eligible. 

 

The main point is having an order that says you must marry and obtain benefits is going to make it difficult to establish that that was not the reason for the marriage.

 

You can contact your local bar association for a list of attorneys. Look for someone who has experience with NOID and removal/court. Often they have an office in or near the court. 

I completely agree with your analysis. My custody order says:

If Plaintiff (my Ex wife) is unable to obtain _____ and _____ green cards in accordance with the prior representations, Defendant (that's me) will apply and pay for their green cards after Defendant’s green card application is approved.

 

I think that this could be a red flag. This order was approved on May 2020, almost one year after my new marriage and after filing for AOS.

But now that I think about it, the denial of the I-131 was on 1/20/22, and the first time that I submitted this order, was during the interview on 2/16/22 (after the i-131 denial), so NVC couldn't have known about the order when they denied the I-131. On the other hand, my ex wife says she applied for a GC with her new husband, so maybe she provided this order. I have to wait for the RFE of the I-485. I feel like my case is a complete mess.

[Rocio0010 5,562]

On 3/3/2022 at 1:26 PM, Gomast said:

I completely agree with your analysis. My custody order says:

If Plaintiff (my Ex wife) is unable to obtain _____ and _____ green cards in accordance with the prior representations, Defendant (that's me) will apply and pay for their green cards after Defendant’s green card application is approved.

 

I think that this could be a red flag. This order was approved on May 2020, almost one year after my new marriage and after filing for AOS.

But now that I think about it, the denial of the I-131 was on 1/20/22, and the first time that I submitted this order, was during the interview on 2/16/22 (after the i-131 denial), so NVC couldn't have known about the order when they denied the I-131. On the other hand, my ex wife says she applied for a GC with her new husband, so maybe she provided this order. I have to wait for the RFE of the I-485. I feel like my case is a complete mess.

Have you secured an immigration attorney yet?

[Gomast 65]

1 hour ago, Rocio0010 said:

Have you secured an immigration attorney yet?

I spoke with an attorney, but he said that for now we have to wait for the RFE or any other notice. There is nothing that he can do right now. I also submitted an outside normal processing times request, ombudsman inquiry, I contacted my Florida senator and my Miami congress person.

[Rocio0010 5,562]

49 minutes ago, Gomast said:

I spoke with an attorney, but he said that for now we have to wait for the RFE or any other notice. There is nothing that he can do right now. I also submitted an outside normal processing times request, ombudsman inquiry, I contacted my Florida senator and my Miami congress person.

Yep, this is far beyond a DIY now

[Gomast 65]

On 3/2/2022 at 9:35 AM, Gomast said:

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.

 

Today a tier 2 officer called me and explained why my application to extend my travel document was denied.

The Tier 2 officer asked me under what category I filed the I-131. I told her that on page 1 under the “Class of Admission”, I wrote “K-1” because I was admitted to the US under the K-1 visa. I also told her that I wrote in the form that the purpose of the trip is "Visit my sister and my wife's family. My US Citizen wife will be joining me on this trip.” The officer said that because I filed I-485, my class of admission is "Spouse, adjustment of status.” It is not K-1 and that this is probably the reason that the I-131 was denied. She also said that this denial does effect future applications and that I could resubmit the I-131 with the correct class of admission.

 

What do you think about the call? It's surprising to be denied due to fraud or misrepresentation for an innocent mistake. I have nothing to gain by choosing Class of Admission as K-1 rather than spouse AOS. The good news is that this denial doesn't seem to affect my I-485.

Should I resubmit the I-131 with the "class of admission" as AOS, even if I was admitted to the US as K-1?

Thank you!

[powerpuff 5,900]

Thanks for the update.

 

There isn’t an extension for AP. You apply for a new AP. After reading older threads in this, it seems to me that the officer was correct and the class of admission should have been “pending AOS”. I will link it below. I would send a new application for AP with corrected answers.

 

 

[Gomast 65]

I agree with you @powerpuff

I was following the instructions of the Adjustment of Status (Green Card) Example Forms USCIS Form I-131, part 1 section 6, under "Class of admission".

In the example form, it specifies that the Class of admission is "K-1". But the form is under the category of "AOS". It seems that there is an error in the example form. Right?

https://www.visajourney.com/examples/INS-Form-I-131.pdf