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  • Post GC rejection

    A hypothetical question ... but a real possibility ...

    I (Indian origin) had my I485 interview today in Calif; here's my background:

    I entered the US on B1; got married to a US citizen a week after I entered the country ... I met my husband several months ago - several times during my prior visit to the US.

    Officer withheld approving my green card on suspicion of possible dual intent - since I entered on B1. Nothing was stamped on passport after the interview

    The officer has put me on hold - pending further "background check". he wants to be convinced that I actually worked for my employer during the time I was here ... which I have provided.

    Currently ... waiting to hear from INS

    Fearing the worst ... that my GC is rejected, what are my options for
    (a) appealing
    (b) reapplying for GC
    - do I need to return to my country
    - can I re-apply from here (I have already over stayed my B1 exit date)
    (c) do i have to start the GC process from scratch

    Every second seems like an eternity ....

    Your response is much appreciated ...

  • #2
    A hypothetical question ... but a real possibility ...

    I (Indian origin) had my I485 interview today in Calif; here's my background:

    I entered the US on B1; got married to a US citizen a week after I entered the country ... I met my husband several months ago - several times during my prior visit to the US.

    Officer withheld approving my green card on suspicion of possible dual intent - since I entered on B1. Nothing was stamped on passport after the interview

    The officer has put me on hold - pending further "background check". he wants to be convinced that I actually worked for my employer during the time I was here ... which I have provided.

    Currently ... waiting to hear from INS

    Fearing the worst ... that my GC is rejected, what are my options for
    (a) appealing
    (b) reapplying for GC
    - do I need to return to my country
    - can I re-apply from here (I have already over stayed my B1 exit date)
    (c) do i have to start the GC process from scratch

    Every second seems like an eternity ....

    Your response is much appreciated ...

    Comment


    • #3
      Must see a competent immigration lawyer at once.

      Comment


      • #4
        Careful Cal, because you only have 30 days to appeal if that is the route you are going to take. If you wait longer, you lose your chance to appeal.
        If you refile/reapply after a 485 denial (you can do this instead of appealing) but you risk getting picked up by ICE. Proceed with competent legal advice, but you must act fast.

        Comment


        • #5
          gee...sounds like the OP LIED to our immigration folks about the TRUE reason for her "business visit..."...I'll bet this $hithead quit her $2 an hour "job" before coming to MY country, told the immigration officials she was coming for 'business' (i.e. monkey business)..and now is worried (rightfully so) that her LIES will exposed for what they are....LIES....whatsa matter, dirtbag??? Is lying a normal part of your lowlife culture?

          Comment


          • #6
            Cal,
            We have all chosen to ignore the previous poster's comments not only because he is mean, but because he refuses to help people. I see this is your first posting, please excuse his rudeness, it does NOT represent the vast majority of posters you will find here, who are indeed sincere and willing to give information if they know the answer. Welcoming you to the forum, I apologize for the unkind welcome. There are a lot of knowledgeable people on this forum, don't let the above individual hurt you like he has hurt so many before you.
            Best Regards, NHF

            Comment


            • #7
              That rule is not substantive law, but a procedural guideline used by DOS regarding when to request "advice" about a "possible" misrepresentation. By the way, DOS rules and regulations are not binding upon CIS however, the internet has greatly contributed to the propagation of one of the most dangerous immigration myths out there.

              -THIS IS NOT LEGAL ADVICE-

              Comment


              • #8
                Thank you for all your responses. My husband and I took your advice to consult with immigration lawyers.

                NHF: No need to apologize. Unfortunately, we all run into this kind every so often, don't we! . Obviously, he is frustrated about something or at someone - just letting it out on the wrong channel. Also demonstrates his culture - lack there of.

                One bit of good news I would like to share with you: Last Friday, my husband and I were delighted to learn that my I485 was approved. It appears that the documents I had provided and my open answers to the officers questions were sufficient.

                I-485 filed on: May 17th
                Biometric : July 6st
                Interview : July 31
                Approval : Aug 3rd
                We went and got the I551 stamped on my passport; card expected to arrive in a few days.

                If you have any questions that I can answer, please don't hesitate to contact me.
                All the best
                Cal.

                Comment


                • #9
                  I only hope that this case contributes to eradicate the myth! There's lots of web sites giving erroneous information regarding this issue, even from so-called "experienced" consultants.

                  - THIS IS NOT LEGAL ADVICE-

                  Comment


                  • #10
                    cal-immig = D I R T B A G L I A R...she is a prime example of why many people in the world have difficulties obtaining visas, because so many of them lie..just like this piece of trash did.
                    I am lobbying my representative to eliminate ALL adjustments of status except from K1/K3..no more phony B2 or B1 "business trips" to an amazing and falsely claimed.."it just happened" bee ess....
                    cal-immig is nothing but a visa cheat and will be nothing but a visa cheat.
                    Bottom line: stop rewarding visa scumbag liars and deport their sorry butts....

                    Comment


                    • #11
                      <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Someone12:
                      cal-immig = D I R T B A G L I A R...she is a prime example of why many people in the world have difficulties obtaining visas, because so many of them lie..just like this piece of trash did.
                      I am lobbying my representative to eliminate ALL adjustments of status except from K1/K3..no more phony B2 or B1 "business trips" to an amazing and falsely claimed.."it just happened" bee ess....
                      cal-immig is nothing but a visa cheat and will be nothing but a visa cheat.
                      Bottom line: stop rewarding visa scumbag liars and deport their sorry butts.... </div></BLOCKQUOTE>

                      I see you came in for a landing. What time is take off?

                      Comment


                      • #12
                        <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Someone12:
                        cal-immig = D I R T B A G L I A R...she is a prime example of why many people in the world have difficulties obtaining visas, because so many of them lie..just like this piece of trash did.
                        I am lobbying my representative to eliminate ALL adjustments of status except from K1/K3..no more phony B2 or B1 "business trips" to an amazing and falsely claimed.."it just happened" bee ess....
                        cal-immig is nothing but a visa cheat and will be nothing but a visa cheat.
                        Bottom line: stop rewarding visa scumbag liars and deport their sorry butts.... </div></BLOCKQUOTE>

                        Someone12, I am praying for you.

                        Comment


                        • #13
                          <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Someone12:
                          cal-immig = D I R T B A G L I A R...she is a prime example of why many people in the world have difficulties obtaining visas, because so many of them lie..just like this piece of trash did.
                          I am lobbying my representative to eliminate ALL adjustments of status except from K1/K3..no more phony B2 or B1 "business trips" to an amazing and falsely claimed.."it just happened" bee ess....
                          cal-immig is nothing but a visa cheat and will be nothing but a visa cheat.
                          Bottom line: stop rewarding visa scumbag liars and deport their sorry butts.... </div></BLOCKQUOTE>

                          Actually things are moving in direction that will make you feel better, if not tomorrow then in foreseeable future.

                          Comment


                          • #14
                            <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">A hypothetical question ... but a real possibility ...

                            I (Indian origin) had my I485 interview today in Calif; here's my background:

                            I entered the US on B1; got married to a US citizen a week after I entered the country ... I met my husband several months ago - several times during my prior visit to the US. </div></BLOCKQUOTE>

                            I have to say that I agree with S12 this time. There's something called a fiancee visa that would have been more appropriate. So, S12 is not off base by his responses here in my opinion (although, he could be more polite).

                            Got married one week after you arrived here? I wish you luck, but if I worked for USCIS, red flags would be raised too.

                            Comment

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