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Thread: I-485 Denied; Please Advice.....!!!!

  1. #1
    Hi all,


    Here is the story in few words.


    I came in the U.S.A in July 2003 on a K-3 Visa, petition filed in my name by my Wife " K.B ", I arrived, we lived together for 4 months, and she never applied for the Adjustment of Status. I applied myself for E.A.D while my I-130 was still pending. In December 2003 we didn't get along at all, I had no money, because she never allowed me to work. So I had no choice but to leave her house and go in NY. I arrived there were I had some friends and relatives, I got hired and I started to put some money together to purchase a plane ticket back to my country. In the mean time " K.B " divorced and I met my future wife " C.R "which was same age as me and same nationality as me. In November of 2004 we got married and we lived together ever since (24/7) we were not separated not even 1h. In July 2005 we applied for I-130, I-765 and I-485. In August the I-130 came approved, and in October 2005 my new E.A.D came in the mail. In May 2006 we were scheduled for the I-485 in Garden City, NY. We went there the officer was a 24 yrs old and he asked for all the supporting evidence that our marriage was true. We hand him pictures, life insurance, Car Title, Stocks, bank accounts, credit cards,etc. He took some of them and he was extremly confused that in my file my ex-wife " K.B " appeared as well, I explained him the situation, time when he said he will not be able to make a decission and that if he will need more documents he will give me a call( which was pretty odd to me). In July 2006 I received a letter form I.N.S stating that my Adjustment of Status has been Denied because I came on a K-3 Visa and only my ex-wife will be able to make the Adjustment. I read the Law myself, and what strikes me is that among all 600 pages of the Immigration Law this is the only paragraph that is clear and that is no way around it. My question is, is anybody able to give me some advice in this case?! I met some few lawyers that didn't have guts to go forward with " this type of case" I would like to know what should I do in this case, and how should I make the appeal. Thank you, Ramalotti

  2. #2
    Hi all,


    Here is the story in few words.


    I came in the U.S.A in July 2003 on a K-3 Visa, petition filed in my name by my Wife " K.B ", I arrived, we lived together for 4 months, and she never applied for the Adjustment of Status. I applied myself for E.A.D while my I-130 was still pending. In December 2003 we didn't get along at all, I had no money, because she never allowed me to work. So I had no choice but to leave her house and go in NY. I arrived there were I had some friends and relatives, I got hired and I started to put some money together to purchase a plane ticket back to my country. In the mean time " K.B " divorced and I met my future wife " C.R "which was same age as me and same nationality as me. In November of 2004 we got married and we lived together ever since (24/7) we were not separated not even 1h. In July 2005 we applied for I-130, I-765 and I-485. In August the I-130 came approved, and in October 2005 my new E.A.D came in the mail. In May 2006 we were scheduled for the I-485 in Garden City, NY. We went there the officer was a 24 yrs old and he asked for all the supporting evidence that our marriage was true. We hand him pictures, life insurance, Car Title, Stocks, bank accounts, credit cards,etc. He took some of them and he was extremly confused that in my file my ex-wife " K.B " appeared as well, I explained him the situation, time when he said he will not be able to make a decission and that if he will need more documents he will give me a call( which was pretty odd to me). In July 2006 I received a letter form I.N.S stating that my Adjustment of Status has been Denied because I came on a K-3 Visa and only my ex-wife will be able to make the Adjustment. I read the Law myself, and what strikes me is that among all 600 pages of the Immigration Law this is the only paragraph that is clear and that is no way around it. My question is, is anybody able to give me some advice in this case?! I met some few lawyers that didn't have guts to go forward with " this type of case" I would like to know what should I do in this case, and how should I make the appeal. Thank you, Ramalotti

  3. #3
    So you were married before you arrived, came on K-3 (as opposed to K-1), filed I-130 but divorced before filing I-485?
    I don't remember technicalities, but aren't you supposed to send I-130/I-485 package together if you are an immediate relative of USC?
    In any case, what was your status prior to re-marrying?
    Simply illegal or in removal/exclusion proceedings or else?
    I know if you came on K-1 but not married within 90 days there is no way around it and you can't stay and AOS based on other marriage.
    I don't know the rules of K-3 visa, where you came here already married.

    I would suggest you 'google' K-3, read regulations, relevant articles written by good attorneys and also try to search and read case-precedents by Courts, BIA and Federal Court of Appeals (if any).

    Consult professional immigration attorney.

    Here is one, located in CA (you can phone his office):

    www.shusterman.com


    Good luck,

    IE

  4. #4
    Quote

    " I don't remember technicalities, but aren't you supposed to send I-130/I-485 package together if you are an immediate relative of USC?"

    Yes that's what she was supposed to do but she never did that, she just sent the I-130.
    Like I mentioned before I applied myself for the I-765.

    Quote:
    " In any case, what was your status prior to re-marrying?
    Simply illegal or in removal/exclusion proceedings or else?"

    I think you could call it " illegal" beacuse I never recived any removal or deportation.

  5. #5
    I would really appreciate any suggestions, or if there is anybody else facing the same situation.


    Thank you,

    Ramalotti

  6. #6
    Let me consult my immigration lawyer and get back to you.

  7. #7
    She must have filed your I-130 before you were granted K-3.

    But it was your responsibility to file I-485.
    If , at the time of AOS, you were married for more than 24 months you would get unconditional GC.
    If less than 24 months - then you would get conditional GC valid for 2 years with subsequent need to file I-751.

    However, if you had divorced prior to adjudication of I-485 , your K-3 status would be revoked in 30 days after divorce and your I-485 would be denied based on revocation of K-3 status.

    Further, note:

    Federal Register: August 14, 2001 (Volume 66, Number 157)]
    Rules and Regulations
    Page 42587-42595
    [[Page 42587]]
    DEPARTMENT OF JUSTICE
    Immigration and Naturalization Service
    8 CFR Parts 212, 214, 245, 248, and 274a
    [INS No. 2127-01]
    RIN 1115-AG12



    Section 216

    ...those adjusting from K-3/K-4
    status to permanent resident status may only do so as a result of a
    marriage to the original U.S. citizen petitioner who filed a petition
    on behalf of the K-3/K-4 nonimmigrants.

    Looks like you are out of luck.

    If you don't have Asylum/WOD/CAT claim, it seems like the only option you have is to leave the country and return once again as a USC spouse (as beneficiary of your current spouse).
    I think you will also need to file a waiver (I-601) to overcome the 3-10 year bar of admission for overstaying your visa.


    Seek professional legal advise !


    Best wishes,

    IE

  8. #8
    Aliens using a K type visa to enter the country are limited by the regulations to adjust status through the initial petitioner.

    There some opinion in the legal community that the cases Dixson and Dawson, prior to the IMFA reform, could provide some legal basis for argument, but I have no knowledge if it has been successful. You need competent legal assistance.
    The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

  9. #9
    macyuhoo


    Thank you, and I am looking forward for a suggestion.

  10. #10
    sappyconfier

    This is what I need but unfortunately I haven't had the chance to meet a lawyer who knows what to do and how to appeal this case and be able to refer to other cases not only by I.N.S law.

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