Notice of Cancellation of Immigration Heraing

[Gary Rich 297]

Good afternoon everyone,

It’s been a while since I’ve been on this site, but I’m reaching out now because I’ve run into some complications with USCIS, and I’m seeking advice and guidance.

Let me explain:

My wife arrived in the U.S. last year on a K-1 visa, as some of you may already know. We filed her I-485 (Adjustment of Status), I-131 (Travel Document), and I-765 (Work Authorization). She was approved for both the EAD and the travel document.

However, we received an RFE (Request for Evidence) regarding the I-485. USCIS claimed a page was missing from the application. We resubmitted the requested page, but a few days later, we received a denial notice. The reason? The page wasn’t signed and dated.

In the denial letter, they gave us the option to either appeal or refile. We decided to refile the entire package.

Today, we received a new letter in the mail stating that my wife has to appear in immigration court because she overstayed past July 2024. This is extremely confusing and stressful because we got married on June 6, 2024, well within the 90-day window required under the K-1 visa.

Can anyone please explain why she would now be placed in removal proceedings despite our marriage being valid and timely? I’ve attached the letter to this post for reference.

Any insight, experience, or advice would be greatly appreciated.

Thank you,

visa journey.pdf

[Crazy Cat 44,159]

47 minutes ago, Gary Rich said:

Can anyone please explain why she would now be placed in removal proceedings despite our marriage being valid and timely?

Because Marriage does NOT grant ANY legal status or authorization to stay in the US.  When the I-485 was denied, she immediately became deportable since it was beyond the authorized 90 days.  If she then immediately refiled a PROPER I-485, she should be granted authorized stay until the new I-485 is adjudicated. However, now that she has a court date, she better get an attorney TODAY!  Seems to me her only defense will be that she refiled the I-485.  This is not DIY.  This is pretty serious.

Edited June 2 by Crazy Cat

[Gary Rich 297]

7 minutes ago, Crazy Cat said:

Because Marriage does NOT grant ANY legal status or authorization to stay in the US.  When the I-485 was denied, she immediately became deportable since it was beyond the authorized 90 days.  If she then immediately refiled a PROPER I-485, she should be granted authorized stay until the new I-485 is adjudicated. However, now that she has a court date, she better get an attorney TODAY!  Seems to me her only defense will be the refiling of the I-485.  This is not DIY.  This is pretty serious.

That's the thing tho.. we did refile an I-485 in April. 2 month to this day!

[Crazy Cat 44,159]

4 minutes ago, Gary Rich said:

That's the thing tho.. we did refile an I-485 in April. 2 month to this day!

For whatever reason, she now has a court date in 3 weeks.  I would not try to fight this alone. I would immediately find an attorney who can build a good case.  Hopefully, the judge will allow her to stay.

Edited June 2 by Crazy Cat

[smilingstone 511]

5 minutes ago, Gary Rich said:

That's the thing tho.. we did refile an I-485 in April. 2 month to this day!

 

Refiling does not negate the unlawful stay accrued after the 90 days from entry, but it can be forgiven.

 

What date did she enter?

You married on June 6th 2024.

When did you file for AOS?

When was RFE dated?

What date did you respond to the RFE?

When was the denial notice dated?

Edited June 2 by smilingstone

[Lemonslice 5,202]

Get a lawyer.  Make sure she knows her right and memorize some phone numbers in case she gets detained.

 

https://miracoalition.org/news/know-your-rights/

[W199 461]

• Do you have a photocopy of your original packet that you sent in?
• Did it have the missing form along with the signature and date?
• Are you saying they are missing the signature page of the application along with the signature and date, and the RFER didn't sign it? If so, I can see why they are upset.
• For the 2nd I-765 package that you sent it, was it an exact copy of the original package? Or did you basically redo it from scratch? I'm wondering if there was an inconsistency that made them feel that this is a fraud case.  The only other explanation is they didn't process the incoming mail yet, so didn't know you send in a 2nd I-485.
• Do you have a receipt or cashed check proof that they received the 2nd copy?

[KMG 210]

5 hours ago, Gary Rich said:

However, we received an RFE (Request for Evidence) regarding the I-485. USCIS claimed a page was missing from the application. We resubmitted the requested page, but a few days later, we received a denial notice. The reason? The page wasn’t signed and dated.

This right here might have caused a red flag. Not including the form in the first packet and then sending it without a signature after the RFE might have triggered suspicion.  This process can be stressful, but it is important to comb through all forms line by line to ensure everything is done properly.  This administration is not playing. I would follow the others' advice and get a lawyer.

[nastra30 2,519]

5 hours ago, Gary Rich said:

Good afternoon everyone,

It’s been a while since I’ve been on this site, but I’m reaching out now because I’ve run into some complications with USCIS, and I’m seeking advice and guidance.

Let me explain:

My wife arrived in the U.S. last year on a K-1 visa, as some of you may already know. We filed her I-485 (Adjustment of Status), I-131 (Travel Document), and I-765 (Work Authorization). She was approved for both the EAD and the travel document.

However, we received an RFE (Request for Evidence) regarding the I-485. USCIS claimed a page was missing from the application. We resubmitted the requested page, but a few days later, we received a denial notice. The reason? The page wasn’t signed and dated.

In the denial letter, they gave us the option to either appeal or refile. We decided to refile the entire package.

Today, we received a new letter in the mail stating that my wife has to appear in immigration court because she overstayed past July 2024. This is extremely confusing and stressful because we got married on June 6, 2024, well within the 90-day window required under the K-1 visa.

Can anyone please explain why she would now be placed in removal proceedings despite our marriage being valid and timely? I’ve attached the letter to this post for reference.

Any insight, experience, or advice would be greatly appreciated.

Thank you,

visa journey.pdf 332.67 kB · 18 downloads

Don't panic. I think you'll be are good. Go with a lawyer along with evidence of submission of the new I-485. Judge will allow spouse of USC to stay until the new I-485 is adjudicated. Come back and share the good news. Good luck.

[Scandi 4,292]

Sounds like a normal process. The second her i-485 was denied, she was deportable. Since you filed a new one, likely the immigration judge will let her stay until there's a decision on the second one. You seriously need to NOT do anymore mistakes though, those mistakes were pretty huge. She needs to go in front of the judge and plead her case. At least she wasn't deported without getting to see a judge first. 

Just being married to a US citizen doesn't grant her any stay in the US. The i-485 does that. 

Edited June 3 by Scandi

[Gary Rich 297]

Good Afternoon,

As some of you may already know, my wife was recently summoned to appear for an immigration court hearing. We retained an attorney and submitted the required documents to him last week.

Today, we received notification that the hearing has been cancelled, and that we will be issued a notice with a new date.

Has anyone else experienced this kind of situation or received a similar notice? We’re just trying to understand what it could mean and how best to prepare moving forward. Any insight would be greatly appreciated.

Thank you.

[MalloryCat 694]

it could just be the judge is no longer available that day and needs to have it rescheduled 

[Crazy Cat 44,159]

37 minutes ago, Gary Rich said:

Good Afternoon,

As some of you may already know, my wife was recently summoned to appear for an immigration court hearing. We retained an attorney and submitted the required documents to him last week.

Today, we received notification that the hearing has been cancelled, and that we will be issued a notice with a new date.

Has anyone else experienced this kind of situation or received a similar notice? We’re just trying to understand what it could mean and how best to prepare moving forward. Any insight would be greatly appreciated.

Thank you.

Did you retain an attorney?

[Gary Rich 297]

1 minute ago, Crazy Cat said:

Did you retain an attorney?

Yes, we did hire an attorney..

[TBoneTX 47,339]

Ask the attorney for possible insights.