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

Also I understand the I-485 is going to be denied no matter what because even without being accused of committing fraud we still didn’t meet the requirements which is marry within 90 days in the us so reapplying is like showing we’re trying to correct the issue and moving forward the correct way and in the response to the NOID I’m showing evidence that we made an appointment to get a marriage done here

Apparently the attorney said to just respond with exactly what happened and then refile and if they deny then with the marriage petition or at the interview I would need to use a fraud waiver

spoke with multiple immigration attorneys and they said the same thing to just respond and refile but with a I-130 petition and new I-485 since we have a valid marriage and to do it before he gets an official denial. So I wanted to see if anyone has refiled before they got an official denial

No I did not but I tried to and I have appointment proof but once the religious officiant said our document is considered legally binding I cancelled the appointment because in order to obtain a marriage license you have to put not married which in our case I didn’t want to lie but since our document was a valid marriage I wanted to get it registered in our home country and submit it with the I-485 within 90 days

to begin with in 2021. I had participated in a religious ceremony called cat with by now husband and we had done it for religious reasons in order to be seen together publicly in 2022. I had filed for a K-1 Visa for him genuinely believing that we were qualified for it since our religious document was not registered in his home country 2023 he got his Visa accepted and we came to the US in 2024 With the intention of marrying within 90 days, I had made an appointment to the county to get a marriage license and we consulted a religious efficient in order to complete our marriage When we saw the religious efficient and we showed him the document that we had done in 2021 he informed us that this document was in fact legally binding marriage under Islamic law and also could be considered legally binding marriage within the US. At this point we were shocked but because I wanted to comply with USCIS I tried getting our document registered within our home country to receive an official marriage certificate as we only had a license it was delayed because of the situation going on in his home country so I submitted our only document that we had available with an I 458 fast forward until now we receive a notice of intent to deny with USCIS claiming that we had committed misrepresentation and fraud because our document shows that we were married before he received his K1 visa and that he came here in order to gain immigration benefit which is clearly not true I completely understand why USCIS would see it that way and I also want to just say that I was 18 years old when I applied for the K1 Visa with no legal help. I had spoken with a immigration attorney and they had advised me that the best thing to do is to respond with them with my story exactly how it is with any evidence like evidence that I made an appointment and re-file with a spousal petition and a new i-485 before we actually receive an official denial. I want to know if anyone has ever re-filed before receiving an actual denial and if this is true??please help!