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denial of adjustment of status - please help!!!

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  • denial of adjustment of status - please help!!!

    Hello,
    I just found out online that my application I-485 got denied. It says the decision was sent by mail yesterday. I am scared and shocked of what is going to happen now...
    My situation is as follows: We have filed all the papers together with my husband by oursevles in december 2007. Since that time I was summoned 2 times to submit the evidence of my husband's income which is the federal tax return from the most recent year. My husband does not have it though because he is deliquent with his taxes since 2005. He has his own construction business and due to the economic situation he is unable to pay these taxes now. The first time we were summoned to submit his tax return we answered sending his bank statements of last 3 years and some other documents about his assets to prove that he does have sufficient income along with a joint- sponsor application which was signed by his father (his father's income was twice as high as required by poverty guidlines) and he had all his tax returns and other documents required in order. After 3 months I recived a second (this time pink) notice in which I was asked to send my husband's (my main sponsor) last year's income. We did not have it so I responded explaining the situation and asking them to accept my father-in-law as a joint sponsor. One week later I got notified (on the online status check service) that the denial notice was just sent. I have a work permit and an advanced parole which was issued while the case was pending. Is it valid now if my application is denied? Does anyone know what is going to happen now??? Am I going to be deported? I arrived here on a tourist visa but it is expired now (my papers were filed while it was still valid).My marriage is a real marriage (bona fide) and my husband is a US citizen with no criminal history. He is just deliquent with his taxes due to the crisis on real estate market. I suspect my application was denied because I did not provide the required tax return of his. But what about my joint- sponsor whose taxes and everything else was in order? Why did they ignore it? I am definately going to take an attorney now, does anyone know a good attorney in Tampa Bay area (FL)? I will not be able to sleep at night until I know something, I have a huge anxiety. Please, help me with any advice so I can survive by the time I find an attorney and manage to speak to him (today is saturday). I am terrified. I was plannig to go on vacation using my travel parole (in 2 weeks), now everything crushed down...

  • #2
    Did you come in through the Visa Waiver Program?

    Comment


    • #3
      Before, I go into details.

      Your first mistake was, you came here as a tourist and then got married and thought like most people "u can get away with it" believe me when I tell ya, this has also a big Inpact on this denial.

      The tax return is something minor but also a reason. You have to, aka the U.S. citizen MUST submit all the requeirment tax returns and income stubs from prior years (three years)

      Either way, you will also have to face "why you came here as a tourist,and pretended to be here as a tourist and leave" and your goal was coming here to get married,which means "u came under false pretend"

      Imagine,your adjustment status got denied.
      This is very serious....and worst.
      You do not even have a greencard,not even the conditional.

      Thats why I always tell people, if you truly wanna be here and marry your man or woman.
      Come here legally and fully planned.
      Go back home, fiance visa, safe money, have a secure financial sponsor and then come here legally by all the legal steps.

      Then you'll be fine without problems or issues.

      You do it the otherway, you'll face more than one problem

      Example? above candidate!

      Comment


      • #4
        What candidate are you referring to HBK??

        Comment


        • #5
          There's no law saying that a person cannot change status after entering with a different visa. That's the entire purpose of AOS itself, and it's perfectly legal, provided there's no fraud or misrepresentation.

          There's however the possibility of misrepresentation regarding true intentions at entry, and since it's a ground for inadmissibility by itself, it's usually explored to a great extent.

          These are matters of fact, if a misrepresentation happened the person is denied. If it didn't, there's no consequences.

          Keep in mind there's no such thing as a "semi-misrepresentation", so the person is either denied as a 6C or allowed to adjust after it becomes clear there was no misrepresentation.

          The OP's case has nothing to do with that, it appears the person ignored or failed to satisfy a request for evidence, and that triggered the denial. Period.

          -THIS IS NOT LEGAL ADVICE-

          Comment


          • #6
            Originally posted by HBKHBK:
            Before, I go into details.

            Your first mistake was, you came here as a tourist and then got married and thought like most people "u can get away with it" believe me when I tell ya, this has also a big Inpact on this denial.

            The tax return is something minor but also a reason. You have to, aka the U.S. citizen MUST submit all the requeirment tax returns and income stubs from prior years (three years)

            Either way, you will also have to face "why you came here as a tourist,and pretended to be here as a tourist and leave" and your goal was coming here to get married,which means "u came under false pretend"

            Imagine,your adjustment status got denied.
            This is very serious....and worst.
            You do not even have a greencard,not even the conditional.

            Thats why I always tell people, if you truly wanna be here and marry your man or woman.
            Come here legally and fully planned.
            Go back home, fiance visa, safe money, have a secure financial sponsor and then come here legally by all the legal steps.

            Then you'll be fine without problems or issues.

            You do it the otherway, you'll face more than one problem

            Example? above candidate!

            Thank You very much for the fast response. I know that now this is serious and we have made a lot of mistakes with my husband. We both had no idea that it would be that difficult and complicated. Are you an attorney? What do You think is going to happen now? Am I going to be deported? There must be a way to fix this. Our marriage is bona fide, it is hard to belief they would do that to us. SO many people get married here and adjust their status and even if they were here illegaly...

            Comment


            • #7
              Originally posted by NeedHelpFast:
              Did you come in through the Visa Waiver Program?
              Thank You for the fast response! No, I came here on a regular tourist visa. I don't even know what the visa waiver program is...

              Comment


              • #8
                Originally posted by Houston:
                There's no law saying that a person cannot change status after entering with a different visa. That's the entire purpose of AOS itself, and it's perfectly legal, provided there's no fraud or misrepresentation.

                There's however the possibility of misrepresentation regarding true intentions at entry, and since it's a ground for inadmissibility by itself, it's usually explored to a great extent.

                These are matters of fact, if a misrepresentation happened the person is denied. If it didn't, there's no consequences.

                Keep in mind there's no such thing as a "semi-misrepresentation", so the person is either denied as a 6C or allowed to adjust after it becomes clear there was no misrepresentation.

                The OP's case has nothing to do with that, it appears the person ignored or failed to satisfy a request for evidence, and that triggered the denial. Period.

                -THIS IS NOT LEGAL ADVICE-
                Thank You for Your fast response. That is exactly what I think. I do not have the decision itself yet (it says it was just sent). It will take one week probably before I will get it. But the last (pink) request for evidence stated that I should have sent them my husband's last years tax return, otherwise my application would be denied. I did not sent it because I didn't have it. Instead I sent them last year's tax return of my co-sponsor asking them in that situation to accept him as a person having more then sufficient income to sponsor me (50 000). I don't understand why they ignored my co- sponsor?

                Comment


                • #9
                  Originally posted by agnieszka:
                  <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by NeedHelpFast:
                  Did you come in through the Visa Waiver Program?
                  Thank You for the fast response! No, I came here on a regular tourist visa. I don't even know what the visa waiver program is... </div></BLOCKQUOTE>

                  GOOD! It basically means you're up the creek w/out a paddle....no right to due process or appeal, hence the waive in waiver, you waive your rights. But that's good for you, that you did not, you do have some rights of due process.

                  The first thing I would do in your shoes is obtain an attorney. You don't want to screw around and get deported. You can file an appeal, but I would NOT do this alone, and you will NOT get legal advice on this forum, just opinion, some knowledgeable, some not.

                  Comment


                  • #10
                    One thing you'll learn is that you cannot, and should not try, to argue with USCIS. They want what they want and it's best to provide all the documentation requested.

                    If USCIS requests a document, it's NOT your job to determine why they need it or provide an alternative document you think works just as good. It's your job, however, to provide the requested document and if you don't have it, provide sufficient and probative evidence to that fact. Words and explanations are usually not enough.

                    Most people are allowed to renew their AOS in front of a judge in removal, if that's the case you'll have another shot at it, but you should hire an attorney or contact a professional in order to get the assistance you need.

                    -THIS IS NOT LEGAL ADVICE-

                    Comment


                    • #11
                      Your I-485 got denied?
                      Very well!
                      Now get the F out of this country and let those more deserving to take your place !!!
                      Have all the good s.ex you can, in all the ways you can, for as long as ever you can !

                      -- Sabuntium The Great

                      Comment


                      • #12
                        Oh yeah, for the alien to try to rectify the wrongdoings of the USC relative has to be seen as a "positive factor" as well. Good one there davdah.

                        Comment


                        • #13
                          Originally posted by davdah:
                          A couple issues exist here. The big one is the requirement to submit the last 3 years tax returns. Regardless if its enough to pass the support requirement or not they still need to be sent in.

                          The other one is you told them of the predicament. Tax evasion is a crime under title 26 7206(2). The best thing to do is get the tax returns done. Find out how much he owes. If you can't pay it, borrow it. The IRS may allow for a payment plan if you can't come up with the money. Doing nothing guarantees you will be deported. Go here for prior years forms. Spend the weekend doing this and on Monday get them sent in. At least you will have something to give to USCIS. I don't think there is a USCIS requirement that the amounts have to actually be paid. So that may be an out for you.
                          Thank You very much! This is a constructive advice which helps a lot.

                          Comment


                          • #14
                            #1 hire Attorney

                            #2 Prepare and File The Taxes Even if you Cant Pay!

                            #3 Always Send Every single Document Asked Of You To USCIS. They probably didn't Even Look at Any of It. The First Thing they do is see If Every Thing necessary and Requested Is Present. One Thing Not There! DENY!!! That Easy.

                            If They are married, Both need to work together To Resolve. Work Together To Solve The Problems that must Be Overcome In Order To Get to the next Step!
                            USC and Legal, Honest Immigrant Alike Must Fight Against Those That Deceive and Disrupt A Place Of Desirability! All Are Victims of Fraud, Both USC and Honest Immigrant Alike! The bad can and does make it more difficult for the good! Be careful who y

                            Comment


                            • #15
                              Originally posted by MakeItRight!:
                              #1 hire Attorney

                              #2 Prepare and File The Taxes Even if you Cant Pay!

                              #3 Always Send Every single Document Asked Of You To USCIS. They probably didn't Even Look at Any of It. The First Thing they do is see If Every Thing necessary and Requested Is Present. One Thing Not There! DENY!!! That Easy.

                              If They are married, Both need to work together To Resolve. Work Together To Solve The Problems that must Be Overcome In Order To Get to the next Step!
                              Thank You!

                              Comment

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