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  1. #1

    Default Permanent Residency Was Denied

    3 years ago I met my wife through a chatroom on the internet. She is from the US and I am from the UK. After several trips visiting each other we decided to wed and did so in the US just over 2 years ago while I was here visiting on a tourist visa waiver program. I filed the I-485 for permeanent residency and all the neccasary other forms that go with it.

    After a couple of months passing without hearing anything (other than my check clearing) I became concerned and called the Immigration hotline. They claimed they knew nothing about me and requested that I send proof that I had applied. I sent a copy of the check and the registered mail slip and after much back and forth I recieved a notice of receipt and was told to wait for further instructions.

    I then recieved a letter stating that my applications have been denied because my case has been considered abandoned. They are considered abandoned because I failed to respond in 90 days to a letter asking for my wife to correct her biographical data. I never recieved this letter, hense no reply. The letter was (apparently) sent during the time I was investigating what was going on with my case and proving that I had applied.

    I filed a motion to reconsider my application and was denied for reasons of lack of proof. The denial came in July 2004 and it stated it is not prejudice to any future applications.

    I have not applied since (though it has been my intention, hense my writting) and I remain in the US.

    What should I do (aprt from get an immigration attorney)? I read on other posts on this board that entry through marriage is not an option. If I were to leave the US, how long would I be barred for? What is the scale? When does the barring begin? Does it begin when I leave the states or when I try to reenter?

    Many thanks - I wish I had found this board a couple fo years ago.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Marriage & Immigration

    You entered the U.S. legally, but your status has lapsed due to this comedy of errors? I think you should consult an immigration lawyer to be sure of any consequences, but my inclination would be to re-apply for an adjustment of status based upon your marriage.

  3. #3
    Join Date
    Aug 2005
    Location
    NY
    Posts
    163

    Default

    Dear Sir,

    If you leave the country, and you overstayed more than one year following your denial, you will have a 10 year bar, starting at the time of your departure.

    You should not leave the country.

    Instead, you should refile your AOS as soon as possible.

    Good Luck!

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