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  1. #1
    Join Date
    Dec 2009
    Posts
    2

    Default Possible Denial, I-485 and I-130

    I married a beautiful girl from poland and I am petitioning her without a lawyer up to now we filed all the paper work and had our interview today with an immigration officer. We feel that the interview did not go over well I forgot to bring our joint lease that has proof that we are living together and a credit card statement that has us jointly on it. I did bring our joint tax returns and a joint bank account statement. We feel that the office was digging for info that we did not have and ignoring the info we did have. We brought cards from our wedding party and she said she was interested in looking at them but was complaing because she was not on my insurance policy as a non drive when she doesn't even have a license. The office kinda bluntly told her that she came here on a temporary work visa that means temporary she comes to work then goes home (kinda rudely).

    My question is if this gets denied what our options can we appeal the denial. We are scared $hitle$$ thinking this is the end. Was that really the decision maker or does it get passed along to the next process?

  2. #2
    Join Date
    Feb 2006
    Location
    NA
    Posts
    244

    Default Re: Possible Denial I-485 I-130

    This is probably the point where you should find an immigration attorney and have a consulation at the very least, just to be ready in case the I485 is denied. There is a process to appeal a decision by filing for I290, but at that point you want a good attorney to help review your case and documents and can give you guidance on what additional information to provide. One of the options of the appeal is to reopen based on additional evidence.

    You have to act quickly for the I290, so keep on top of the decision. You can track your case status on the USCIS website instead of solely relying on a mail.

    It is possible that they could issue a RFE, request for further evidence but that is used more to get specific legal documents, like proof of legal entry or proof of legal maritial status. If the problem is just that the interview did not think the "evidence of your life together" was sufficient to prove a bonafide marriage, they may not go that extra effort to allow you to provide that type of evidence.

    My understanding of the process is that the interviewer will provide the recomendation of approval or denial. I really do not know if there is a secondary review, like a supervisor, but it would be a good bet that the reviewer would follow the recommendation a vast majority of the time.

  3. #3
    Join Date
    Dec 2009
    Posts
    2

    Default Re: Possible Denial, I-485 and I-130

    Well I looked on the website this morning at it states this
    On December 15, 2009, we ordered production of your new card; so I guess it went through

  4. #4
    Join Date
    Apr 2009
    Posts
    11

    Default Re: Possible Denial, I-485 and I-130

    For all those who are reading this, just thought i'd let you know that the Immigration Officers who interview couples are TRAINED to be intimidating and the pretty much subject these couples to mental anguish in leading them to believe that they're interview went horribly. As soon as I read your story about your interview that "did not go well" just because of some stupid insurance policy, I thought to myself, "You guys have nothing to worry about. You just got a crappy Immigration Officer who has no life and hasn't had a raise in years". Fortunately, when I scrolled down and saw that everything was approved, it was just one more confirmation of the legendary "horrible interview that results in a GC approval".

    Best wishes.

  5. #5

    Default Re: Possible Denial, I-485 and I-130

    please want to know how long it take to get a receipt after you filled an application for change of status.

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