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Thread: I-485 denied, I-130 pending

  1. #1
    Iím a USC and I petitioned my husband. We filed concurrently all the forms (I130, I485, G325, medical examination, affidavit of support, etc.) on August 23, 2009. We received NOA for I130 and I485. A few days later my husband got appointment for biometrics and later we got an appointment for an interview (10/29/2009). At the interview, the officer asked questions about us, asked for more documents, etc. At the end, she said we would get a decision in 60 to 90 days. A week later we got a denial letter for his i485 and there is no appeal. The reason is: "You have not been inspected and admitted into the US". Also "Because you were not admitted or paroled following inspection by an immigration officer, you are ineligible to file using the Form I-485 for benefits under 245(a). Also, you were not the beneficiary of of an immigrant visa petition ...... (I'm a USC, doesn't that qualify him for a visa?....)

    I called the USCIS to get more answers. After explaining what happened, they told me that my I-130 has not been approved and that I should wait for the approval to do anything. (They are working on applications received May 3). I asked her if I should file a motion to reopen, and she said I would only waste my money since the I130 has not been approved.

    Why do they allow you to file all the forms together if they are not going to review them at the same time.
    What happens after that if the i130 is approved , since the i485 was denied?

    Why did they do an interview without approving I130 first?
    Please help!!!

  2. #2
    Iím a USC and I petitioned my husband. We filed concurrently all the forms (I130, I485, G325, medical examination, affidavit of support, etc.) on August 23, 2009. We received NOA for I130 and I485. A few days later my husband got appointment for biometrics and later we got an appointment for an interview (10/29/2009). At the interview, the officer asked questions about us, asked for more documents, etc. At the end, she said we would get a decision in 60 to 90 days. A week later we got a denial letter for his i485 and there is no appeal. The reason is: "You have not been inspected and admitted into the US". Also "Because you were not admitted or paroled following inspection by an immigration officer, you are ineligible to file using the Form I-485 for benefits under 245(a). Also, you were not the beneficiary of of an immigrant visa petition ...... (I'm a USC, doesn't that qualify him for a visa?....)

    I called the USCIS to get more answers. After explaining what happened, they told me that my I-130 has not been approved and that I should wait for the approval to do anything. (They are working on applications received May 3). I asked her if I should file a motion to reopen, and she said I would only waste my money since the I130 has not been approved.

    Why do they allow you to file all the forms together if they are not going to review them at the same time.
    What happens after that if the i130 is approved , since the i485 was denied?

    Why did they do an interview without approving I130 first?
    Please help!!!

  3. #3
    Hi 485 and welcome,

    Can you provide a timeline for your husband such as date of entry, age at entry, number of times he entered without inspection, etc. It sounds like, at the very minimum, you will need a I-601 hardship waiver and he will need to process in his home country. But, without knowing more, I can't say for sure. You should also discuss this with a reputable immigration attorney to get their opinion.

  4. #4
    My husband is from Honduras and has a TPS status now. He came to USA in 1995 (25 years old). In 2005, he was able to get advanced parole and went back to Honduras to visit her mother who was very ill.
    He renews his TPS every 18 months since it became available.
    We have been living together for 8 years, but just got married in Feb of 2009. We have two children together(7 years old and 6 months old. My older son has been diagnosed with cerebral palsy, developmental dalays and possible autism.)
    We have a feeling his TPS will be canceled one day and we want to do something (get his GC) before that happens.

    Thank you for your help

  5. #5
    Your case is very puzzling for several reasons. Section 245A is not for family based immigration benefits, and does not require form I-485. It seems that the USCIS does not know that youíre applying under marriage. Why was only your husband called in for an interview, and not both of you? Why didnít your husband explain the situation at the interview???? Why would you have 2 children out of wedlock, when your husband has emergent immigration problems?

    Your whole story seems way too stupid to be true.

  6. #6
    unique... did you read my first post? Both of us went to the interview. We filed i130, i485 and all other required forms at the same time. I would think USCIS knows that we are applying under marriage since we filed I130. I don't know what is going on that is why I'd like advise from people on this site.

  7. #7
    When he entered the country, did he come with any type of visa? Or, entered without inspection? I'm not sure how TPS cases are handled when the immigrant originally came to the US EWI, but it would seem the process would follow similar to an EWI who isn't under TPS. You really should consult with a good immigration attorney.

    As for TPS for Honduras running out, I wouldn't worry about that for some time. Things are still in turmoil in that country. It will surely be extended for some years ahead. Good luck!

  8. #8
    ProudUSC,
    Thank you for your comments.

    We have friends with similar situations (USC marries Honduran with TPS) and they got approved for GC.

    Have you heard about situations where USCIS denied I-485 while I-130 is still pending? What happens with I-485 if I-130 gets approved later?

  9. #9
    something went wrong somewhere...

    Who prepared the forms? Double check what it says on I-485 under Part 2 Application type... Did you also send a copy of I-94?

  10. #10
    aneri:
    I prepared the forms and I checked them and rechecked them many times to make sure every thing was ok. (I'm sure there's always a possibility that something could be wrong...)

    Under Part 2 Application type: a)An immigrant petition giving me an immediately available immigrant visa number that has been approved.

    We sent a copy of I-94, but apparently it doesn't count because he's under TPS status.

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