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HopefulForGC

[Urgent advice needed] I-130 and I-485 Denied Prematurely, before deadline for RFE

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12 minutes ago, Timona said:

 

Then, your AOS was rightfully denied. You know you married a GC holder, right? As such, you need to be in status at the time of your I-485 approval. There's no way a B-2 will give you that much time. 

 

Don't waste your money and time on appeal. You're just going to put yourself on the radar. 

 

Wait till he becomes a USC. I don't normally agree with B-2 AOS shortcuts, but this is your best chance. 

 

I'm out, because of the bolded above. 

 

P.S: If you'd married a USC, you can AOS anytime, with overstays. 

Very unlikely OP would ever get another B2, after this debacle.

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46 minutes ago, HopefulForGC said:

 

I entered on a B1/B2 visitor visa, and was doing adjustment of status (I-485) at the same time as the I-130 was pending. They denied the I-130, and the I-485 together. The I-130 denial says that I failed to provide evidence of a bondafide marraige. Here is a snippet from the I-130 denial:

 

130denial-2.png

File the I-290 B now , mark both motion to reopen and motion to reconsider and include ready response to RFE only

along with denial copies and facts as you posted . I-485/I-130 were both denied for abandonment and clear Service Error. 
 

The I-290 B filing will immediately restore you authorized stay . 
 

Don’t overcomplicate or second guess legal advice you already received. 
It is DIY doable but hire attorney if you feel unsteady . 
 

DO NOT leave the US under any circumstances. Even if priority date for F-2A was not current 2 years ago when you filed …you will resolve issue from within US . 

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50 minutes ago, HopefulForGC said:

 

I entered on a B1/B2 visitor visa, and was doing adjustment of status (I-485) at the same time as the I-130 was pending. They denied the I-130, and the I-485 together. The I-130 denial says that I failed to provide evidence of a bondafide marraige. Here is a snippet from the I-130 denial:

 

130denial-2.png

How soon after you entered on the B1/B2 did you marry and adjust? OR were you already married the last time you entered?

How much marital evidence did you submit? How long did you know this person before you got married? 

 

Unfortunately, adjusting status from B1/B2 when married to a green card holder requires a lot more proof of not entering purely for a green card. And can be a little more tricker when it comes to showing you did not intend to adjust before entering... 

Although @Family is probably right and you should follow the advice of your lawyer and submit the motion to reopen... but then again looking at the cost of filing the motion you might want to also lay low until your spouse becomes a citizen and you can adjust as an immediate relative... 

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Filed: Citizen (apr) Country: Taiwan
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3 minutes ago, Redro said:

And can be a little more tricker

It also requires a current Priority Date.  To my memory, filing a concurrent I-130 and I-485 is rare for the spouse of a Green card holder.

Edited by Crazy Cat

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21 minutes ago, Redro said:

How soon after you entered on the B1/B2 did you marry and adjust? OR were you already married the last time you entered?

How much marital evidence did you submit? How long did you know this person before you got married? 

 

Unfortunately, adjusting status from B1/B2 when married to a green card holder requires a lot more proof of not entering purely for a green card. And can be a little more tricker when it comes to showing you did not intend to adjust before entering... 

Although @Family is probably right and you should follow the advice of your lawyer and submit the motion to reopen... but then again looking at the cost of filing the motion you might want to also lay low until your spouse becomes a citizen and you can adjust as an immediate relative... 

F-2A was current from 2019 to 2023 …so when OP filed she was okay . The I-290 B will preserve her adjustment , work permit and advance parole…as she will await in authorized stay for F-2A to become current again. ..no matter how long. 
 

If marriage is real and they live together as a couple …all is good. 
‘PLUS, there will NOT be a need to refile ANYTHING when spouse naturalizes. The I-130 will automatically UPGRADE to IR and end her wait in que for F-2A

Edited by Family
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1 hour ago, Timona said:

I'm out, because of the bolded above

It’s all good , come back😀. I always enjoy your  thinking -out -of -the -box suggestions . And you are on the right path w husbands Natz fixing everything at the end of the day. 
‘Hopefully she adopts my strategy and saves a bucketful of $$ in legal and filing fees
 

Edited by Family
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16 minutes ago, Family said:

F-2A was current from 2019 to 2023 …so when OP filed she was okay . The I-290 B will preserve her adjustment , work permit and advance parole…as she will await in authorized stay for F-2A to become current again. ..no matter how long. 
 

If marriage is real and they live together as a couple …all is good. 
‘PLUS, there will NOT be a need to refile ANYTHING when spouse naturalizes. The I-130 will automatically UPGRADE to IR and end her wait in que for F-2A

Very happy to be corrected! 

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2 hours ago, Family said:

F-2A was current from 2019 to 2023 …so when OP filed she was okay . The I-290 B will preserve her adjustment , work permit and advance parole…as she will await in authorized stay for F-2A to become current again. ..no matter how long. 
 

If marriage is real and they live together as a couple …all is good. 
‘PLUS, there will NOT be a need to refile ANYTHING when spouse naturalizes. The I-130 will automatically UPGRADE to IR and end her wait in que for F-2A

 

Yes, F2A was current, when I filed. I am concerned with Timona's reply and don't really understand what they mean by "maintaining status". I thought my pending I-485 was to maintain status or remain lawfully present in the USA. The I-485 was only denied because the I-130 was denied, so not sure if me being out of status was a concern before the denials came. Would love more clarifications here, and not sure why Timona thinks I took some kind of shortcut, because I only went by the situation at hand and what my lawyer recommended.

 

That being said, thank you all so much for responding with your thoughts and helping out. I see some people raised a concern about me adjusting status from B1/B2, so I want to provide some context. I want to start by saying that I have known my husband since 2016. I met my husband while I was on a J1 training exchange program to the USA between 2016 - 2018. When my J1 expired, I rightfully went back to my country to avoid being out of status. We were doing a long-distance relationship. Between Feb 2018 and all way until March 2020 (when Covid started), my boyfriend at the time visited my country a couple times, and I visited him in the USA a couple times, legally ofcourse. None of my visits during this time were longer than a few weeks, and I was never out of status. Apart from my handful of visits to the USA during this time, we also went on trips to Canada and other countries. When Covid started, I was unable to visit my husband for 2 years, until the Europe travel ban was lifted (I am a European resident). As soon as the Europe travel ban lifted, I was finally able to travel to the USA to meet my husband again. During this visit (on B1/B2), to my surprise he proposed to me and I said yes. We got married about a month after he proposed. After we got married, I filed for AOS and my husband petitioned for me (I-130, I-485, I-131, I765) because I wanted to be by his side, especially with all the uncertainty covid was bringing at the time. We paid legal fees of over $6000 to do this. During the filing, I asked the lawyer, should we submit evidence that we had all the way from 2016, from when we met, and the lawyer said that I do not need to, and that I would instead take all the evidence with me to the interview (whenever that happens). This is why my original application never had any evidence attached.

 

Now, since March 2022 (when we filed) and fast forward to today, I have stayed in the USA while my I-130 and I-485 were pending. My I-765 and I-131 were approved in December 2022 and April 2023 respectively. During this time, I left the USA to visit my home country, and entered back legally using my I-131. I also left to visit my husbands home country (Canada) several times, and paroled successfully back into the USA on my I-131 advanced parole document.

 

Since we got married, we have bought a house together as well and are planning a family too. We have countless evidence of bonafide marraige dating all the way from Fall 2016, since I met my husband. My RFE package that I had prepared, and was about to send out before all the denials happened was a very solid RFE package according to my lawyer. It included lots of trips, flight tickets, honeymoon, wedding photos, family visits, joint bank statements, joint insurance, joint bills, joint tax returns. Literally everything. I was so excited to finally submit the evidence and be approved, until ofcourse the USCIS error happened.

 

I had a few more questions. My attorney wants to file a Motion to Reopen for the I-130. When asked if we should file a motion to reopen for both I-130 and I-485, they said that only the I-130 is necessary and what he is recommending. He said that filing the I-485 motion to reopen will not be necessary, but if I want to, I should also send the filing fee for that as well.

 

Also, some people wanted me to confirm whether March 18th deadline was explicitly mentioend in the RFE notice I recieved on Dev 22nd. Yes, it was explicitly mentioned and I am attaching a snippet of the RFE notice. They clearly stated in bold deadline of March 18th.

 

RFE-notice.png

 

 

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56 minutes ago, HopefulForGC said:

I had a few more questions. My attorney wants to file a Motion to Reopen for the I-130. When asked if we should file a motion to reopen for both I-130 and I-485, they said that only the I-130 is necessary and what he is recommending. He said that filing the I-485 motion to reopen will not be necessary, but if I want to, I should also send the filing fee for that as well.

He is not being transparent or lacks a bit of practical experience. 
‘You file ONE form I-290 B , mark both Motion to Re open and Motion to Reconsider. List the I-485 And I-130 And all underlying apps . This was a concurrent filing and the same service error set out a domino effect on all underlying apps. As long as all are listed on I-290 B , let attorney do what he wants, or DIY it today
 

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1 hour ago, Family said:

She won’t get anywhere with a bar complaint BUT threatening the attorney with one…should get attorney to work on I-290 B for free. 
 

I realized now how important it was to send the evidence with the original application. When I brought it up with my lawyer yesterday he said that he has been doing it for 25 years, and that’s how his firm does it. No evidence until interview or until asked. I told him to file the 290b for me without fees and he agreed to do it without a fee. 

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Filed: Citizen (apr) Country: Ecuador
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1 hour ago, HopefulForGC said:

he has been doing it for 25 years, and that’s how his firm does it. No evidence until interview or until asked.

He and his firm are cavalier, naive, or both.  There is NEVER a negative in front-loading applications.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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3 hours ago, HopefulForGC said:

I realized now how important it was to send the evidence with the original application. When I brought it up with my lawyer yesterday he said that he has been doing it for 25 years, and that’s how his firm does it. No evidence until interview or until asked. I told him to file the 290b for me without fees and he agreed to do it without a fee. 

At least they're fixing their mess. There's no reason not to submit evidence from the start. Waiting for RFE or interview just adds unnecessary delay or results in denial, like in your case.

 

Many AOS approved without interview or RFE if everything is submitted from the start.

 

Good luck and tell us how it goes.

Edited by OldUser
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4 hours ago, OldUser said:

At least they're fixing their mess. There's no reason not to submit evidence from the start. Waiting for RFE or interview just adds unnecessary delay or results in denial, like in your case.

 

Many AOS approved without interview or RFE if everything is submitted from the start.

 

Good luck and tell us how it goes.

Thanks, will keep updated 

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