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Thread: I 485 DENIED

  1. #1
    I've just received my denial for adjustment of statut with the mention no appeal.

    I'll explain : my I 485 file was given complete, with a cover letter.

    During my interview, I've been requested to give only my I - 130 which happened not to be with me (bad luck), I did mention to the agent that I've already provided it in my initial request and I showed him the letter, however wasnt with me at that moment, the agent promised to look in my file and to sent me a letter.

    I do have a full file, the missing paper is AVAILABLE, however I received now a denial, not a request to provide a supplement that have been lost bt USCIS services, but a DENIAL with no appeal.

    I'm desperate, dont know what to do, they also dont tell you what to do, I'm compeletly lost here, I have all reasons to be a lawful resident but my case is denied.

    Need advices.

    Thank you.

  2. #2

  3. #3
    I did sent it with my file, however I wasnt having it at the interview.
    I told the agent that USCIS have it (My self I was having it however at home). I even showed her the cover letter that sent with my file mentioning the document she requested.
    The agent said , she will look into my file and write me.
    She did a great job, because I received this denial.
    I want to know how bad is my case, and what can I do?

  4. #4
    In order for you to get good advise from us, you need to tell us the truth. Clearly if your I-485 was denied due to the lack of an approved I-130, and you have that proof then all you’d have to do is send in that paper.

    I think you do not have an approved I-130, or you have a denied I-130, that’s why you didn’t bring it to the interview.

  5. #5
    Hope that all my explanations to you will give a result.
    for the third time, I do have the requested document that I provided initially.
    maybe I havent gone through the following details :
    we have first filed for a fiance visa and have been married before receiving the approaval.
    We have received approaval few months later (June 2009) and when we provided the marriage certificate they sent us in July 2009 a letter (from National Visa Center) mentioning .."please be advised that the visa symbol has been changed to K3) with a case number and so on..
    All thse document that I have mentionned have been attached to my adjustment of statut request.
    Now what I am so shocked about, is how can they deny a file based on the absence of a document they have provided themselves?
    I mentioned to the agent during my interviw that I brought all documents that have been received since I came to States, I didnt know that I had to go further since I was overseas (well the day before I could find this **** papers) but I was confident, since I already sent them with my application.
    After my interview, I have been able to find these papers, and I was waiting for their letter (as they said they will write me) to return another copy to them.

    I am sure my explanation now is very clear...

  6. #6
    one additional thing :
    I just called the infopass that asked me to file a I 290B form with 630 dollars fees.
    I think that would be unfair to pay that amount for a missing document lost or neglected by USCIS.
    I am looking for the easiest way to resolve this problem.

  7. #7
    If you have an approved approved I-130, then there shouldn't be a problem. Contact the agent and ask how he/she would like you to submit the form. If you indeed have the necessary documentation, then it shouldn't be difficult to clear up this situation.
    Always interested in the H1-B visa, the Eb-5 Visa Program and other Eb5 Investor Visa related issues.

  8. #8
    Contact the agent and ask how he/she would like you to submit the form. If you indeed have the necessary documentation, then it shouldn't be difficult to clear up this situation.
    Thanks Martin, I wish it was that easy!
    You cant even go there without appointment.
    The info pass schedule appointment only for pending cases (delayed).
    I'm still waiting for further advices, please dont forget me, I'm stressing out !

  9. #9
    looks to me that you have applied for Fiance visa and it was pending but you got married, therefore your visa catogary changed. Now you need I 130 approval.
    You may or may not have I 130 approved. If you have filed I 130 and it was approved then it should be in your A file ( with USCIS) I don't think They had your I 130 in file, that the reason your I 485 was denied. 290B is appealing the decision with AAO. If you have I 130 approved, you should take infopass appointment and submit a copy of approval. If not then File 290B and attach a copy. There is third option.. do nothing and Soon you will be in removal proceeding and when in removal proceeding you can submit copy of 130 and contest your denial.
    You should look at the approval letter, make sure you have the I 797 thats shows approval of " spouse or children of USC"
    K3 visa approval is different then I 130
    Its a discussion, not a legal advise..

  10. #10
    Thank you Mohan for your time and explanations, it makes sens.
    I do not have the I 130, but I 129 (fiance) and K3 visa (spouse).
    the adjustment of statut I 485 is based on many options... whether a spouse with K3 visa+I130 or fiance with K1visa+I 129+marriage certificate.
    I applied with I 129+K3 visa+marriage certificate...on one way or another, I think there is no reason for this denial.. That what I think and hope I am right.. I'll try with the appointment and hope they can do something beside telling me what form I'll have to fill the 290B...

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