I am a bit confused... I petitioned for my husband and our I130 was approved, however two days later the I485 was denied based on a discrepancy on one of the questions. Let's rewind... He arrived in the USA June of 2004 via a transit visa (he was on his way to Bermuda). He went to Tennesses to visit friends and with their bad advice he overstayed his welcome here. In 2005 he married someone and was divorced (he caught her with another woman) before the interview. At the time of his first application, his English was pretty bad and someone helped him fill out the application. When he was asked why he didn'g go to Bermuda, it stated that he used his transit visa falsely to come here to the US. I met him in 2005 while I was visiting TN (I'm from MI) and we became friends. After two years of friendship and going back and forth, we got married August of 2007. When we went for our first interview to adjust his status the man asked him why did he not go to Bermuda, and he stated that his friends talked him out of it because of the hurricanes and it wasn't as prosperous as he think it would be. We went to our interview one month ago and one week later we received a letter saying that our I130 was approved. So of course, we were ecstatic. But then the low blow came three days later when the denial of the I485 came and stated that there is no appeal just a motion to reconsider and that his work permit was denied (he was actually on the road driving a truck cuz he just got his CDL license). So after all that, what is the likely chance that when we file the motion to reconsider that they will change their decision. And what can be done. I cannot have him leave me and I can't move out of the state let alone the country because I have 2 kids (9 and 4 years) from my previous relationship. HELP PLEASE!!!
Did he ever get a ruling from the petition filed by his ex-spouse? Was he denied? Just curious if the first petition was resolved before you filed your I130.
Do not go where the path may lead, go instead where there is no path and leave a trail. (Ralph Waldo Emerson)
An I-130 is a formal recognition by the government that the marriage exists. That's about the extent of it. I-130's aren't that big a hurdle to get over unless the marriage is thought to be completely bogus.
You said he came on a transit visa. Precisely what kind of visa? B1, B2 tourist visa or was it a C1 transit visa. If it was a C1/D then he won't be able to adjust status to an immigrant visa.
The moment you capitulate to lawlessness you've lost your civility.
Posts: 8816 | Location: San Diego, or near by. | Registered: 06-08-2007
You can file the motion to reopen, but it will be denied. There are too many contradictory answers and a pattern of marrying to get status. You children will have no impact on this. That he is working without authorization will also affect this as he violated his status.
He has stopped driving... once we received the denial letter, he came home. We are going to motion to reconsider; although it doesn't seem hopeful, I have to hold on to some tint of hope. Thanks all for the replies.
chona, does I-485 denial letter says why? any law articles?
This is very important:
quote:
Originally posted by davdah: You said he came on a transit visa. Precisely what kind of visa? B1, B2 tourist visa or was it a C1 transit visa. If it was a C1/D then he won't be able to adjust status to an immigrant visa.
Originally posted by chona9673: I am a bit confused... I petitioned for my husband and our I130 was approved, however two days later the I485 was denied based on a discrepancy on one of the questions. Let's rewind... He arrived in the USA June of 2004 via a transit visa (he was on his way to Bermuda). He went to Tennesses to visit friends and with their bad advice he overstayed his welcome here. In 2005 he married someone and was divorced (he caught her with another woman) before the interview. At the time of his first application, his English was pretty bad and someone helped him fill out the application. When he was asked why he didn'g go to Bermuda, it stated that he used his transit visa falsely to come here to the US. I met him in 2005 while I was visiting TN (I'm from MI) and we became friends. After two years of friendship and going back and forth, we got married August of 2007. When we went for our first interview to adjust his status the man asked him why did he not go to Bermuda, and he stated that his friends talked him out of it because of the hurricanes and it wasn't as prosperous as he think it would be. We went to our interview one month ago and one week later we received a letter saying that our I130 was approved. So of course, we were ecstatic. But then the low blow came three days later when the denial of the I485 came and stated that there is no appeal just a motion to reconsider and that his work permit was denied (he was actually on the road driving a truck cuz he just got his CDL license). So after all that, what is the likely chance that when we file the motion to reconsider that they will change their decision. And what can be done. I cannot have him leave me and I can't move out of the state let alone the country because I have 2 kids (9 and 4 years) from my previous relationship. HELP PLEASE!!!
Originally posted by chona9673: I am a bit confused... I petitioned for my husband and our I130 was approved, however two days later the I485 was denied based on a discrepancy on one of the questions. Let's rewind... He arrived in the USA June of 2004 via a transit visa (he was on his way to Bermuda). He went to Tennesses to visit friends and with their bad advice he overstayed his welcome here. In 2005 he married someone and was divorced (he caught her with another woman) before the interview. At the time of his first application, his English was pretty bad and someone helped him fill out the application. When he was asked why he didn'g go to Bermuda, it stated that he used his transit visa falsely to come here to the US. I met him in 2005 while I was visiting TN (I'm from MI) and we became friends. After two years of friendship and going back and forth, we got married August of 2007. When we went for our first interview to adjust his status the man asked him why did he not go to Bermuda, and he stated that his friends talked him out of it because of the hurricanes and it wasn't as prosperous as he think it would be. We went to our interview one month ago and one week later we received a letter saying that our I130 was approved. So of course, we were ecstatic. But then the low blow came three days later when the denial of the I485 came and stated that there is no appeal just a motion to reconsider and that his work permit was denied (he was actually on the road driving a truck cuz he just got his CDL license). So after all that, what is the likely chance that when we file the motion to reconsider that they will change their decision. And what can be done. I cannot have him leave me and I can't move out of the state let alone the country because I have 2 kids (9 and 4 years) from my previous relationship. HELP PLEASE!!!
.hi iam going through same situation,but only thing different with me is i came in EWI but applied for i245 in 2001 and have approved i140 but then my employer withdrew the petition and now they approved the i130 but deny my i485 bse i do not have convincing proof that iwas present in USA in dec of 2000 and i contacted the lawyer he thinks motion is a waste of money, i am very confused what to do.
just go back to your own country...and, here's more good news...you won't need a visa to return (not that you ever cared about such things in the first place, since you are an irresponsible illegal alien)
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