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mattaco

i130 approved, i485 denied. I'm simply devestated

By mattaco in Adjustment of Status from Work, Student, & Tourist Visas

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mattaco Rookie

mattaco   0

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1 hour ago, SteveInBostonI130 said:

Did they deny both I-485s?

Yes, same reason for both. 

 

I'm contacting a couple lawyers today.  My wife does not want to be stuck here again for God knows how long unable to work,  go home......

Right now I'm hoping either she can go home for consular processing or that a motion to reopen will work.  

It's been a tough year and a half for her,  and starting completely over is too much. 

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Crazy Cat Grand Master

Crazy Cat   39,630

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17 minutes ago, mattaco said:

Yes, same reason for both. 

 

I'm contacting a couple lawyers today.  My wife does not want to be stuck here again for God knows how long unable to work,  go home......

Right now I'm hoping either she can go home for consular processing or that a motion to reopen will work.  

It's been a tough year and a half for her,  and starting completely over is too much. 

I, most certainly, would remain in the US and immediately refile complete, accurate I-485s, I-131s, and I-765s.  It sounds like you didn't provide everything they wanted in the RFEs since both were denied.  Consular processing will take 18 months.  Either way, she can't work for a while. 

Edited by Crazy Cat

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OldUser Mentor

OldUser   5,073

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1 hour ago, Crazy Cat said:

Consular processing will take 18 months.  Either way, she can't work for a while. 

More like 10 years + whatever processing time at the time OR

24-36 months with a hardship waiver.

 

OP's wife will mostly have a ban upon leaving the US.

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Redro Experienced

Redro   4,601

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3 hours ago, mattaco said:

Yes, same reason for both. 

 

I'm contacting a couple lawyers today.  My wife does not want to be stuck here again for God knows how long unable to work,  go home......

Right now I'm hoping either she can go home for consular processing or that a motion to reopen will work.  

It's been a tough year and a half for her,  and starting completely over is too much. 

I would not go home if I was your wife. By filing the I485, you pointed I130 away from consular filing. You will most likely have to file the I824 (it takes about a year to process) in order for your wife to interview back home. This would mean she needs to leave the US before she starts accruing unlawful presence AND would not be able to enter the US until her immigrant visa is approved. 
Hopefully, with an approved I130,  a second adjustment will be processed in 2-6 months and she will have GC before June next month. 
As your daughter also had her I485 denied, you would have to do the same for her (file I824) so she can consular process… 

I would hire a lawyer if you don’t feel comfortable filing the paperwork but I would talk to your wife about what she wants. To wait out the process (with her daughter) back home so she can work OR stay in the US and potentially not have EAD/AP/GC for anywhere between 3 months to another year +. 

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mattaco Rookie

mattaco   0

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2 hours ago, OldUser said:

More like 10 years + whatever processing time at the time OR

24-36 months with a hardship waiver.

 

OP's wife will mostly have a ban upon leaving the US.

 

 

I'm finding mixed messages about this - some places are stating that the unlawful presence only starts accruing from the date of the denial (and thus she will be ok if she decides to go home). Others are saying it's as you said, and of course nothing is spelled out clearly from USCIS. I'm ofcourse hoping it's the former - and trying not to let my bias and hope overpower what might be the truth.

 

I don't even think our situation is that unique that they couldn't put clear guidance for people to know what the consequences of different choices are. 

 

I want her to stay - but it's been hard already and starting over is daunting. If there was any clear timeline then we could plan, but it's hard to look at another year of being stuck unable to work, unable to travel - basically just wasted time. 

 

Edited by mattaco
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Boiler Grand Master

Boiler   43,726

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Do not even go there.

 

Just file another I 485x2

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Redro Experienced

Redro   4,601

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1 hour ago, mattaco said:

 

 

I'm finding mixed messages about this - some places are stating that the unlawful presence only starts accruing from the date of the denial (and thus she will be ok if she decides to go home). Others are saying it's as you said, and of course nothing is spelled out clearly from USCIS. I'm ofcourse hoping it's the former - and trying not to let my bias and hope overpower what might be the truth.

 

I don't even think our situation is that unique that they couldn't put clear guidance for people to know what the consequences of different choices are. 

 

I want her to stay - but it's been hard already and starting over is daunting. If there was any clear timeline then we could plan, but it's hard to look at another year of being stuck unable to work, unable to travel - basically just wasted time. 

 

Your situation is not unique you are correct. And most people are aware of the inconsistent waiting times for adjustment but they decide it is better to wait together INSIDE the US as opposed to wait outside the US… 
Most people just refile I485 they don’t move back to their home country to wait out the rest of the process.

( generally because they’ve been out of status before filing AOS). 

And most people might or might not have been working without authorization and/or living in a country that issues a DL without requiring the person has EAD. 

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Boiler Grand Master

Boiler   43,726

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There is a bit more to it that job offer but yes absolutely, it is free and wouldn't you?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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