I-485 denied - filing new petition

[JeanneAdil 6,939]

In Islam, marriage, known as nikah, is a contract between a man and a woman, based on mutual consent and formalized with a verbal or written agreement. It is considered a highly recommended and essential aspect of Islamic life, with specific guidelines outlined in the Quran and Sunnah. 

 

Not sure why anyone would think a religious ceremony was not a real marriage when u had witnesses to this

Christians marry in churches by pastor or priest with witnesses and we sign the marriage license

Jewish marriage follows their laws and vary but common features include a ketubah (contract signed by 2 witnesses)

 

OP you need to learn about Islam especially if you are to live in union with what you call your Husband in the post but say not married

[W199 421]

When he had his K-1 visa interview at the USA Embassy, did they ask him if he had any religious ceremony or any related questions? If so, what did he answer?

[Almdin 10]

Hey just to let everyone know about any updates I was able to successfully remove any fraud and misrepresentation accusations the I-485 did get denied for not marrying within 90 days but I’m now in the process of filing I-130 and new I-485

[Almdin 10]

We just received a denial letter for I-485 and says he has 33 days to leave but I just applied for I-130 and new I-485 am I in the clear? What are my next steps? Can my spouse stay because there’s a new application?

[Edward and Jaycel 1,513]

It would be hard to answer without knowing the reason for the denial. Is that something you are willing to share?

[Almdin 10]

Yeah it was a long story but our marriage certificate has a registration date after the 90 days so we didn’t comply with k1 rules and they accused of fraud but thankfully I was able to successfully remove those accusations on my own and I already knew they were gonna deny that application. So now since we have a valid marriage I wanted to go through with the marriage visa route while my spouse is still here.

[Edward and Jaycel 1,513]

Just now, Almdin said:

Yeah it was a long story but our marriage certificate has a registration date after the 90 days so we didn’t comply with k1 rules and they accused of fraud but thankfully I was able to successfully remove those accusations on my own and I already knew they were gonna deny that application. So now since we have a valid marriage I wanted to go through with the marriage visa route while my spouse is still here.

 

Yes with a new application in, they should again be in a "Period of Authorized Stay". Be advised that you will need to file a new I-765 and I-131 if you filed those previously because they were attached to the denied I-485

[Almdin 10]

Yes I included all those forms again I had sent the new application May 13 and that was also the same day they issued the denial decision. So once I receive a receipt notice for new application I should be safe because I have proof they received it? And if I don’t receive a receipt within the 33 days then he should leave or stay? It would be dumb if he had to leave while we paid and have a whole new application waiting I want to make sure he doesn’t have unlawful presence so he doesn’t go to court.

[Edward and Jaycel 1,513]

4 minutes ago, Almdin said:

Yes I included all those forms again I had sent the new application May 13 and that was also the same day they issued the denial decision. So once I receive a receipt notice for new application I should be safe because I have proof they received it? And if I don’t receive a receipt within the 33 days then he should leave or stay? It would be dumb if he had to leave while we paid and have a whole new application waiting I want to make sure he doesn’t have unlawful presence so he doesn’t go to court.

 

Unlawful presence is forgiven for a spouse of a US Citizen in the green card application process. If he leaves the country he will have abandoned the new application and will not be able to return so, if I were in your shoes, I would not do that. Having the receipt notice should give him proof of a pending application with USCIS and thus trigger the "Period of Authorized Stay". This is no guarantee but has been honored in the past and I have seen no indication that the policy has or will change. (The "Period of Authorized Stay" is given automatically to green card applicants at the discretion of the Attorney General) 

[Almdin 10]

Okay thank you so much for the clarification I’ve been trying to figure out what’s right and been trying to get a hold of an attorney just to see what there opinions is too

[Dashinka 25,514]

7 minutes ago, Edward and Jaycel said:

 

and will not be able to return 

To clarify, he will not be able to return except after going through a spousal visa process and obtaining a valid CR1/IR1 visa.

Just now, Almdin said:

Okay thank you so much for the clarification I’ve been trying to figure out what’s right and been trying to get a hold of an attorney just to see what there opinions is too

It appears you will be good and have now done the filing the proper way with the inclusion of the I130.

 

Good Luck!

[wildbug100420 259]

3 hours ago, Almdin said:

We just received a denial letter for I-485 and says he has 33 days to leave but I just applied for I-130 and new I-485 am I in the clear? What are my next steps? Can my spouse stay because there’s a new application?

Your timelines need updating. Post a redacted notification from uscis for members to assist you. 

[OldUser 9,117]

4 hours ago, Almdin said:

Hey just to let everyone know about any updates I was able to successfully remove any fraud and misrepresentation accusations the I-485 did get denied for not marrying within 90 days but I’m now in the process of filing I-130 and new I-485

Awesome! What did you end up doing?

[Almdin 10]

I basically wrote out a letter explaining exactly what happened and I showed proof of the appointment I made to try to get married here and we have joint tax return and I also included photos of us together til this day. They denied that I-485 which I already suspected would happen but fraud and misrepresentation accusation was lifted thankfully so we re-applied with I-130 and new I-485 and because there’s no fraud everything goes through more smoothly. Now just waiting for receipt notice for new application.

[Almdin 10]

I also did everything without an attorney which saved me thousands of dollars