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Immigration Law Question: I-485 denied. What can we do?

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  • Immigration Law Question: I-485 denied. What can we do?

    Hi,

    I applied for permanent residence with I-485 based on marriage with a US citizen (my wife). The Immigration Office was holding my case for 3+ years. We moved during that time. I submitted my address update and applied for work permit several times, always providing the current address.

    Now, out of blue, we received denial letter at our current address. The letter claims that they sent Notice of Intent to Deny on Feb 05, 2010. We didn't receive it. We were given 30 days respond. Their position is that our marriage is fraud, that is absolutely not true! The denial letter ends with words: "There is no appeal to this decision".

    We're shocked. What can we do? This is disaster for our family.

  • #2
    Hi,

    I applied for permanent residence with I-485 based on marriage with a US citizen (my wife). The Immigration Office was holding my case for 3+ years. We moved during that time. I submitted my address update and applied for work permit several times, always providing the current address.

    Now, out of blue, we received denial letter at our current address. The letter claims that they sent Notice of Intent to Deny on Feb 05, 2010. We didn't receive it. We were given 30 days respond. Their position is that our marriage is fraud, that is absolutely not true! The denial letter ends with words: "There is no appeal to this decision".

    We're shocked. What can we do? This is disaster for our family.

    Comment


    • #3
      You can file an appeal. You can also ask the Field Office Director to reopen the case based on a Service error.

      Comment


      • #4
        bars, your situation is not that bad. As stated by previous post you may appeal decision.

        By the way the claim marriage was frued based on what? So how long have you been married?

        Comment


        • #5
          Thank you federale86 and floyd. First, we were just shocked. Now we're angry and ready to fight.

          We've been married for 4 years. They claim that an outside investigation of *** address concluded that we don't live together. In fact we lived at that address every single day together for half year since the first interview. Then we moved and mailed them our new address. They obviously got it since we've just received a denial letter at the new address. However the denial letter never mentions anything about our new address. We're actually confused about their actions, if they investigated *** address long time ago, why drag our case for 3+ years? If they did it recently, why they ignored the address update? They also claim multiple discrepancies during first interview. They also mention lack of joint tax returns, accounts and liabilities. That is because I didn't even have SSN at that time.

          Comment


          • #6
            <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by bars:
            Hi,

            I applied for permanent residence with I-485 based on marriage with a US citizen (my wife). The Immigration Office was holding my case for 3+ years. We moved during that time. I submitted my address update and applied for work permit several times, always providing the current address.

            Now, out of blue, we received denial letter at our current address. The letter claims that they sent Notice of Intent to Deny on Feb 05, 2010. We didn't receive it. We were given 30 days respond. Their position is that our marriage is fraud, that is absolutely not true! The denial letter ends with words: "There is no appeal to this decision".

            We're shocked. What can we do? This is disaster for our family. </div></BLOCKQUOTE>


            Did your spouse arrive thru Visa waiver program VWP ? If so, then this is true.

            Comment


            • #7
              How you chnged your address? Did you ever filed AR -11? Yes you can appeal. with AAU. there must be something else you have on file. removal proceeding, NTa, crime , or missing information required by the USCIS, missing fomr. etc etc.
              Its a discussion, not a legal advise..

              Comment


              • #8
                <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by bars:
                Hi,

                I applied for permanent residence with I-485 based on marriage with a US citizen (my wife). The Immigration Office was holding my case for 3+ years. We moved during that time. I submitted my address update and applied for work permit several times, always providing the current address.

                Now, out of blue, we received denial letter at our current address. The letter claims that they sent Notice of Intent to Deny on Feb 05, 2010. We didn't receive it. We were given 30 days respond. Their position is that our marriage is fraud, that is absolutely not true! The denial letter ends with words: "There is no appeal to this decision".

                We're shocked. What can we do? This is disaster for our family. </div></BLOCKQUOTE>

                What can u do is move to his home country

                "No advice given nor intended"

                Comment


                • #9
                  4now
                  My wife is a citizen. If you're asking how I arrived, I didn't use VWP, I had business visa.

                  mohan
                  Yes, I did file AR-11. After that I checked back several times USCIS website and in a month noticed "Case updated" record. So I thought they successfully received it. Now I received the denial letter, so there is no doubt my AR-11 was processed. It seems like motion to reopen is the way to go.

                  Comment


                  • #10
                    I hope you didnot marry within 90 days of arrival and this is your first visit as B1/B2.
                    lack of evidenceof marriage entered in good faith following not living at the same addres without updating residence address can contribute the suspecision of marriage fraud. I dont say you didnot update address. You may have copy of AR-11 you send. that will help to get you another interview after motion.
                    Its a discussion, not a legal advise..

                    Comment


                    • #11
                      Thanks everybody who replied. Just wanted to post an update. It turned out there are two options: appeal or file again. Appeal is cheaper and faster, but it most likely will go to the same officer who denied the case. So I re-filed. (as a side note, it seems like my work permit was revoked as soon as the case was denied, but I contined to work, as loosing my income would kill the family, I had no choice). It turned out to be a winning strategy: at the interview the new officer was much more easy going; she quickly looked through the supporting documents, didn't even bother with our photos, asked us to give her **** explanation of the issues raised in the denial letter. It was pretty obvious the interview went fine. In one week I received approval letter and in two more weeks my green card arrived.

                      Comment


                      • #12
                        Sounds like you had the IO from hell the first time around. Unfortunately there are some who are like that. Glad it all turned out ok in the end, albeit an expensive and drawn out way to end. Is it the 10 year GC or the 2 year one?
                        "What you see in the photograph isn't what you saw at the time. The real skill of photography is organized visual lying."

                        Comment


                        • #13
                          I've got 10 year GC. Even if the IO was not from hell, not many people like to admit mistakes and reverse decisions. Going to another officer gives you higher chances of approval.

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