Almdin

So my husbands previous I-485 got denied and his work permit connected to it is now invalid as of May 31st which is 18 days from the denial notice. We reapplied and now are waiting for his new work permit but regarding his job right now, he has to let his manager know about his situation correct? And he cannot work anymore starting the day the permit is invalid? My husband has a 2 week vacation paid time off starting the day after his permit is being revoked does that mean he can’t take the paid time off anymore? Has anyone gone through something similar? Is it possible to go on personal leave so that there is no payroll but you’re still apart of your company/job? He really doesn’t want to lose his job he loves it a lot.

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

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

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

Appreciate it!

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

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

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.

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

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.

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.

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?

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

I don’t think so since our marriage was done in a religious context but this type of process is very common for Muslims. But my marriage certificate does show it was registered after my husband came into the US the issue is the marriage certificate says the marriage was in 2021 which was when we had the ceremony. But in my response I’m stating all of this and including that we understand the k1 process was not the appropriate route due to our circumstances and we are in the process of submitting spousal petition so honestly it’s all luck from now