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  1. #1

    Question I-130 Approved but I-485 Denied

    Hello all,

    Thank you all for your time in reading this. I will try to be as descriptive as possible.

    This case is about my i-130 marriage petition for my wife.
    And it is also about her i-485 to adjust her status.

    My wife arrived into the country in Jan 2018. At the time she was my friend, who we have been chatting for a long long time since youth. She was approved to enter the states through a visa from the Dominican Republic. She entered the country because the father of her daughter was approved for his visa, based on a "Union Libre". After he applied and was approved for his visa, she applied and was approved for the visa.

    After she arrived into the country, I met her at her hotel in NY. She was paying a lot of money to stay there, so I asked her to stay with me. Needless to say, we hit it off very well and when it was her time to go back, I asked her to stay with the counsel of a free attorney. They said to file for both i-130 marriage-based petition, and i-485. We had to get married, which was good since this was something we wanted to do for a while (getting married).

    After we filed in June 2018, we received the interview on May 2019. We went to the interview and thought all would have been well. But the interviewer was asking questions we didnt expect. The questions were about her previous boyfriend, about their relationship, and about how she entered the country. They stated that the employer that she stated she worked for, no longer exists (or never existed.), that the father of her daughter said they never been together for many years, and that the father of her daughter and her never lived together while the application was in process. She denied all of those allegations, stating what she submitted was true, but he (the interviewer) insisted that she lied.

    He ended the interview stating that the i-130 petition is approved because it is obvious our marriage is legitimate (My wife and I have a daughter in which she gave birth in March 2019), but the i-485 will be denied based on what he determined was an illegal entry into the country. I asked him if she would need to leave, but he stated that she does not need to leave because the i-130 is approved. But he will send a letter stating that the i-485 was not approved.

    This interview was in May 2019. It is now June 2019 and we still do not have the letter.

    My question is,

    Will she need to leave in order to fix her entry issue?
    Can she travel and return back into the states?
    What would I need to do to adjust her status?
    How long does it usually take for the letter to arrive to tell us what we need to know?
    Can she work?
    Can I fight the i-485 decision?
    Should we worry?


    On a side note:
    I filed a petition for her daughter, my (step daughter,) and was approved instantly. I was able to bring her into the states after my interview, legally, and she now currently resides with us (My wife, our daughter, and myself.) We are a big happy 4 person family, with the chance of having number 5 (another child, but not yet until we figure this whole thing out.)

    She filed a i-485 package. She was approved for advanced parole, received a card, received a social security number. Will she need to reapply for this package?

    I am also a US citizen, born and raised.

    Thank you for your time
    -signed a worried husband.

  2. #2
    Join Date
    Sep 2010
    Posts
    19,146

    Default Re: I-130 Approved but I-485 Denied

    You should get an attorney. Indeed they can not approve a change of status if she was found to have not entered legally. You certainly can appeal that decision. She won't get a green card (nor accrue time for naturalization purposes) without the approval. I would recommend that you talk to an immigration attorney. You'll waste more money and time than you will paying one to look at the situation for you. The strategy will depend on whether there's a case that she really did have a valid entry the first time around. You've omitted pertinent information here so I can't really make a much more detailed answer as to whether an APPEAL, a reapplication, or waiting some amount of time is most appropriate.

    This, by the way, is not an uncommon situation

  3. #3

    Default Re: I-130 Approved but I-485 Denied

    Quote Quoting flyingron
    View Post
    You should get an attorney. Indeed they can not approve a change of status if she was found to have not entered legally. You certainly can appeal that decision. She won't get a green card (nor accrue time for naturalization purposes) without the approval. I would recommend that you talk to an immigration attorney. You'll waste more money and time than you will paying one to look at the situation for you. The strategy will depend on whether there's a case that she really did have a valid entry the first time around. You've omitted pertinent information here so I can't really make a much more detailed answer as to whether an APPEAL, a reapplication, or waiting some amount of time is most appropriate.

    This, by the way, is not an uncommon situation
    Thank you flyingron.

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