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Almdin

I-485 denied - filing new petition

By Almdin in Adjustment of Status Case Filing and Progress Reports

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OldUser Grand Master

OldUser   9,117

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7 minutes ago, Almdin said:

 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.

How do you know misrep was cleared? Did USCIS tell you this is writing?

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Dashinka
Dashinka

To clarify, he will not be able to return except after going through a spousal visa process and obtaining a valid CR1/IR1 visa. It appears you will be good and have now done the filing the prope

Edward and Jaycel
Edward and Jaycel

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,

OldUser
OldUser

How do you know misrep was cleared? Did USCIS tell you this is writing?

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Almdin Rookie

Almdin   10

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Just now, OldUser said:

How do you know misrep was cleared? Did USCIS tell you this is writing?

Yes when we received denial letter they said that they reviewed the evidence I sent and they do not find that I misrepresented willfully and it was unintentional and the decision that we committed fraud is no longer in action. They said the denial is only because the marriage certificate date is registered after 90 days so we cannot adjust status as a k1 fiance anymore which makes sense

OldUser Grand Master

OldUser   9,117

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Just now, Almdin said:

Yes when we received denial letter they said that they reviewed the evidence I sent and they do not find that I misrepresented willfully and it was unintentional and the decision that we committed fraud is no longer in action. They said the denial is only because the marriage certificate date is registered after 90 days so we cannot adjust status as a k1 fiance anymore which makes sense

Good luck!

pushbrk Grand Master

pushbrk   13,423

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I don't see it mentioned above, but when you marry after the 90 days, you must also file an I-130.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

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pushbrk Grand Master

pushbrk   13,423

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51 minutes ago, pushbrk said:

I don't see it mentioned above, but when you marry after the 90 days, you must also file an I-130.

OK.  The OP does mention filing the I-130.  Good.  This is not a spouse visa case though.  It is still adjusting status.

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Almdin Rookie

Almdin   10

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1 minute ago, pushbrk said:

OK.  The OP does mention filing the I-130.  Good.  This is not a spouse visa case though.  It is still adjusting status.

Yes correct but instead of adjusting status as a k1 marrying a US citizen we’re adjusting status now as a spouse of a US citizen because the beneficiary (my husband) is still in the US 

pushbrk Grand Master

pushbrk   13,423

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2 minutes ago, Almdin said:

Yes correct but instead of adjusting status as a k1 marrying a US citizen we’re adjusting status now as a spouse of a US citizen because the beneficiary (my husband) is still in the US 

A moderator will be along soon, to move this to the correct forum.  It's not a visa case.

 

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Crazy Cat Grand Master

Crazy Cat   43,715

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***Moved to Adjustment of Status Progress Reports***

***Similar topics merged***

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Crazy Cat Grand Master

Crazy Cat   43,715

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2 hours ago, Almdin said:

Yes when we received denial letter they said that they reviewed the evidence I sent and they do not find that I misrepresented willfully and it was unintentional and the decision that we committed fraud is no longer in action. They said the denial is only because the marriage certificate date is registered after 90 days so we cannot adjust status as a k1 fiance anymore which makes sense

Can you post a copy of that letter?

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Crazy Cat Grand Master

Crazy Cat   43,715

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Filed: Citizen (apr) Country: Taiwan
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Posted (edited)
21 minutes ago, Almdin said:

Yes correct but instead of adjusting status as a k1 marrying a US citizen we’re adjusting status now as a spouse of a US citizen because the beneficiary (my husband) is still in the US 

But you are not adjusting status from a Work, Student, or Tourist visa.  Your spouse entered via a K-1.  Your case has nothing to do with an IR-1/CR-1 visa.

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Almdin Rookie

Almdin   10

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14 minutes ago, Crazy Cat said:

But you are not adjusting status from a Work, Student, or Tourist visa.  Your spouse entered via a K-1.  Your case has nothing to do with an IR-1/CR-1 visa.

Oh you mean the topic I chose? I wanted to choose I-130 as the topic but couldn’t find that choice so I put cr-1 for spouse I think that’s why everyone’s kind of confused I’m trying to change it

Crazy Cat Grand Master

Crazy Cat   43,715

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5 minutes ago, Almdin said:

 

IMG_9226.jpeg

OK.  Thanks. You then filed an I-130 and a new I-485, correct? If so, applicant will be granted authorized stay (you need an NOA1)  until the new I-485 is adjudicated. 

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Almdin Rookie

Almdin   10

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1 minute ago, Crazy Cat said:

OK.  Thanks. You then filed an I-130 and a new I-485, correct? If so, applicant will be granted authorized stay (you need an NOA1)  until the new I-485 is adjudicated. 

Yes that’s correct new application was delivered 2 days ago and I’m just waiting for NOA1 right now his deadline to leave is June 16th so hopefully they send us a receipt by then

 
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