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Thread: I130 Approved but I485 Denied HELP

  1. #1
    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!!!

  2. #2
    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!!!

  3. #3
    Hi Chona - welcome,

    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.

  4. #4
    I believe because they didn't show up for the interview because she was in jail (fighting with her female lover) they denied the petition.

  5. #5
    Not sure why they would approve the I130 and deny the I485. Maybe someone else here will come along with an answer. Wishing you luck, though.

  6. #6
    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.

  7. #7
    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.

  8. #8
    Good luck. Your best bet is before an Immigration Judge.

  9. #9
    chona, does I-485 denial letter says why? any law articles?

    This is very important:

    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">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. </div></BLOCKQUOTE>

  10. #10
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">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!!! </div></BLOCKQUOTE>

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