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Thread: I-485 case denied...help!

  1. #1
    Hello everybody.
    Me and my wife went to the first interview and the officer said we should have more evidences, so he said that a second interview, where they would separate us and asks us questions about each other, would be set up.
    It took a year for this second interview letter to arrive. By then me and my wife had fought and we were separated because she moved out of state. I received a letter denying my case because we didn't show up for the second interview.
    Two years have passed now and I'm back with my wife. I'll move in with her out of state too in two months.
    I know I cannot reopen the same case again.
    So my question is: can I start a new case from scratch with the same person who filed for me before, eventhough the case was denied because we didn't have enough evidence on the first interview and didn't show up for the second one?
    Thanks in advance

  2. #2
    Hello everybody.
    Me and my wife went to the first interview and the officer said we should have more evidences, so he said that a second interview, where they would separate us and asks us questions about each other, would be set up.
    It took a year for this second interview letter to arrive. By then me and my wife had fought and we were separated because she moved out of state. I received a letter denying my case because we didn't show up for the second interview.
    Two years have passed now and I'm back with my wife. I'll move in with her out of state too in two months.
    I know I cannot reopen the same case again.
    So my question is: can I start a new case from scratch with the same person who filed for me before, eventhough the case was denied because we didn't have enough evidence on the first interview and didn't show up for the second one?
    Thanks in advance

  3. #3
    Speaking proper English is always a good first step.

  4. #4
    File anew

    Have plenty of evidence this time.

  5. #5
    So I can file a new one, right?
    I don't have a lot of evidence now since we've been living apart for 2 years. But I'll gather whatever I can and I hope it goes well. I'm really scared though 'cause I moved out of the house we were living in together after she left me and didn't update my new address within immigration by fear I could get deported. Now I don't even know if I got a letter of deportation or not.
    Thanks for your advice guys!

  6. #6
    Even though you were physically separated in the past 2 years, did you file tax returns as "married" during the years you've been married? <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by flyer:
    So I can file a new one, right?
    I don't have a lot of evidence now since we've been living apart for 2 years. But I'll gather whatever I can and I hope it goes well. I'm really scared though 'cause I moved out of the house we were living in together after she left me and didn't update my new address within immigration by fear I could get deported. Now I don't even know if I got a letter of deportation or not.
    Thanks for your advice guys! </div></BLOCKQUOTE>

  7. #7
    The legal test is not a "viability" test, it doesn't matter if you will get divorced tomorrow. Viability tests have been rejected by Congress.

    What matters is WHY you got married in the first place, the reasons that triggered the marriage, that's all. What happens after is not relevant.

    - THIS IS NOT LEGAL ADVICE -

  8. #8
    Hi swissnut,
    I did file my tax returns as "married" but "filing separated". But she filed hers as "single". I think because she was mad at me or maybe she would get more money this way.

  9. #9
    hey guys! What's up?
    I moved out and didn't update my address within immigration. So I don't know if I have a letter of deportation or not. If I already have one, will immigration let me stay in the US due to the fact that we're opening a new case based on the same marriage? Or filing a new case doesn't help at all and I could be deported anyway?
    I have a lot of doubts and no money to go to lawyers. Please help me out on this
    Thanks!!

  10. #10
    If you did not appear for your second interview, the the District Adjudication Officer presumably denied your application and you are now not only out of status, e.g. an illegal alien, but the USCIS should have sent you a denial letter with your opportunity to appeal. It is too late to appeal, so the USCIS should have also filed a Notice to Appear with the court. I would check with USCIS on your status. Go to the USCIS district office having jurisdiction over your current place of residence in person to check your status.

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