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I-130 Approved, I-485 Denied and Only 20 Days Left

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  • 05-06-2010, 07:44 PM
    scrltphnx
    I-130 Approved, I-485 Denied and Only 20 Days Left
    I am in great need of help & it is urgent. My husband recently received a letter from USCIS stating that my I-130 was approved but his I-485 was denied and has until May 26, 2010 to leave the U.S.

    To elaborate the letter said:

    "The records of the Service reflect that you are applying for adjustment of status as the beneficiary of an approved Form I-130, Petition for Alien Relative, which was filed on your behalf by your spouse, Jill Doe.

    However, the records of the Service reflect you entered the U.S. pursuant to Section 214 of the Act on 8-3-00, with a nonimmigrant visa as defined under Section 101(a)(15)(K) of the Act, as the fiancee of Jane Smith. You were authorized to remain in the U.S. for 90 days during which time you were required to have entered into a legal marriage with Jane Smith as a condition of your fiancee visa.

    The records of service reflect that you & the petitioner were married on 9-11-00. Nonetheless, your marriage to Jane Smith the was officially terminated on 8-24-09. The service notes you failed to depart the U.S. after your divorce. Moreover the records reflect that you married Jill Doe on 11-13-09.

    As such you failed to fulfill the terms of your nonimmigrant visa pursuant to Section101(a)(15)(k) of the Act and 8 CFR 214.2(k)(6)(ii). Therefore you are barred from adjustment of status pursuant to Section 245(d) of the Act and 8 CFR 245.1(c)(6).

    The applicant bears the burden of establishing that his application merits favorable consideration. Matter of G-,9 I&N Dec.38 (BIA 19958). You have failed to meet your burden.

    As such, your case is hereby denied. There is no appeal of this decision. "


    My husband came to the U.S. in 2000 on a K-1 visa & he married his then fiancee within the 90 days. By no fault of his own they separated in 2005 because she decided she wanted to be with another woman. He & I met in 2006 & have been together ever since, we would have married sooner but we had to wait until our divorces went through.

    When we went in for our interview we answered all the questions correctly and showed them plenty of proof that our marriage was valid....I mean I broke down in heavy sobs & tears when the interviewer said it would be denied and why which is from we were told at the office is that since he originally came through on the K-1 through his ex-wife then he could only adjust through her & since they're divorced he can't so that.

    Now we were under the impression from stuff we had read prior to filing that there would be no issue since he was filing a new adjustment through me, the I-485 & really think the interviewer denied it incorrectly.

    Please if anyone has any advice that would help us we would greatly appreciate it. We know we can reopen the case & it costs like $600 but we need to know if we can fight this & on what grounds & if they did deny it incorrectly.

    My husband has 2 children here who he loves dearly not to mention myself & my son. We really do love each other & this is breaking out hearts.
  • 05-07-2010, 10:03 PM
    T53147
    Re: I-130 Approved, I-485 Denied and Only 20 Days Left
    Did he not file for a green card based on his first marriage? He was married to her for about 5 years; surely he and that wife followed through on the paperwork at that time.
  • 05-09-2010, 01:09 AM
    Mr. Knowitall
    Re: I-130 Approved, I-485 Denied and Only 20 Days Left
    So we're to infer that he never sought to adjust his status following his mrriage to his former wife, despite being married to her for five years, and did nothing to try to maintain lawful status after the divorce?

    And now he has well over a year's overstay, meaning a ten year period of ineligibility to return to the United States?

    There's no easy way to dig him out of this hole. He should consult an immigration lawyer to discuss his limited options.
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