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I130 and i485 denied

Discussion in 'Family Based Green Card -Through Marriage/Relative' started by Confused0609, Mar 31, 2011.

  1. Confused0609

    Confused0609 Registered Users (C)

    hi. i just got my denial letter dated 3/18 for both i130 and i485 due to abandonment. my husband did not show up with me at our interview on 2/8 because i just learned on 1/31 that he is a fugitive of the law which i totally was not aware of. he promised me though that he was gonna show up at the interview but on 2/5, 3 days before our initial interview, he left the house and never came back anymore. in short, he lied to me big time. so what happened was, i hired a lawyer to be with me on 2/8 explaining to the immigration officer that my husband is missing. i was given 60 days to locate him so on 2/10, USCIS sent me another interview letter for 3/16 but unfortunately, he is nowhere to be found anymore. on 3/15, i had my lawyer hand deliver the 2nd interview letter stating that i won't be showing up anymore on the 2nd interview because my husband could no longer be found and that i intend to file i360 as a battered spouse. on the i130 denial letter, it stated there that my husband cannot appeal the denial but can file for motion to reopen or reconsider however, it is not possible anymore knowing he left me already. on the i485 letter, it stated there that my EAD has been revoked. here are my concerns:

    1) will i need to re-apply for EAD? it will expire on 12/20/11.
    2) i am currently processing to file i360 and currently seeing a psychologist due to the mental stress brought about by the marriage. i intend to submit the whole packet within 30 days. will that save me from removal proceedings?
    3) working without permission is being asked in the i360. i am very concerned because in the g325a form me and my husband submitted in our i130 packet, it was not declared because that was what my husband told me to do. if i correct it with i360, will that have a great impact on my application? i don't intend to mislead immigration, i just did not have a choice because my manipulative husband did all the work for me. what should i do for my i360 on this aspect? keep it consistent with my g325a as attached in the i130 packet? i did not pay taxes because i did not have an ss and i was paid cash.

    sorry about the many concerns but i hope to get insights from you. thanks.
  2. Mariposah

    Mariposah Registered Users (C)

    What does your lawyer say?

    I can not be sure as I don't know all the details of your case but at this point

    1. Your EAD has been revoked and you will not be able to renew it.
    Your entire AOS case as spouse is dead in the water and everything connected with it does not exist for you anymore.

    2. You will eventually be placed in removal proceedings due to the denial of your AOS application. You will have to get that packet in fast in order to get something in place before the 30 days expires but you will still not be able to get your EAD before your prima facie case has been established. This means you have to be able to show cause. Mental stress is not as strong evidence as physical abuse and the entire application may be seen as a way that you are trying to avert leaving the US. You could have filed the I-360 before and obviously you did not have a problem with the mental stress when you filed for the AOS as his wife. This is really sticky territory for you and consultation with a good lawyer may be in your best interest at this point.
    Personally I think its a long shot.

    3. Well you did mislead Immigration by stating, knowingly, that you did not work. This is called material misrepresentation and the result of which can cost you a lifetime ban from the USA. It may impact the application and it may not. If you were under cohersion from your husband then that would make sense with the Vawa case that you are trying to establish.

    You need a lawyer. I wouldn't even be trying to do all this without a lawyer in your case especially with all the factors that may be to your detriment.
  3. Jackolantern

    Jackolantern Registered Users (C)

    Did you tell the interviewer about being abused? If not, it would seem strange that you suddenly want to make this into a battered spouse case just because he disappeared.
  4. Confused0609

    Confused0609 Registered Users (C)

    I am seeing my lawyer today and will discuss further. I know immigration will look at it as a way for me to get the green card but unfortunately, I have been going through a lot of mental cruelty with my husband. Hiding the truth about who he really was is one. Lie is a big psychological abuse as the lawyer said. Now the burden of proof is all on me because he has never hurt me physically. I did not file for i360 before because as I mentioned earlier, he lied to me up to the very end. He misled me into believing he will be with me at the interview but to no avail. The manipulation he had over how I should fill up the AOS forms was an early sign of his abuse. I did voice out about my work history but I really did not have a choice. Saying something against my husband's will was putting my life at risk. Clearly, he has put threats on me that if I did not follow what he says, he will not come with me to the interview. And despite of it all, he still left. Now I'm eventually facing deportation because of him. This I360 route is a way for me to tell immigration that I will come clean and tell them my story. He is my first husband and I am his first wife. I came to the US with good intentions. If I simply wanted my green card, I would have done it in 2005 and not be out of status for this long. I'll be 6 years here by June 2011.
  5. Confused0609

    Confused0609 Registered Users (C)

    I did not tell the interviewer because I was hopeful he will come home still. She just simply asked where my husband was. Told her he is missing. She then said, oh is it because if his criminal records? My lawyer said, yes he is on the run and we need time to locate him.
  6. Confused0609

    Confused0609 Registered Users (C)

    What's your opinion though? 1) Should I correct the erroneous g325a that has been submitted and denied?? 2) should I pay back taxes for past years' cash income? 3) should I pursue i360 knowing from you now that it comes out strange I filed i360 only after the denial? 4) what are my chances of staying if I dont get on with the i360? I really need more insights before seeing my lawyer later today.
  7. Triple Citizen

    Triple Citizen Registered Users (C)

    I seriously doubt that lying, manipulation and misleading you will be termed as abuse for the purposes of I-360.

  8. Mariposah

    Mariposah Registered Users (C)

    Spouses lie to one another from time to time. You can't call this mental abuse. However if he mislead you into believing that he was something other than he was and had you known, you wouldnt have married him, then you may be able to get your marriage annulled.

    Ask your lawyer if he has had any successful VAWA cases based on a lie.

    What did he lie to you about? Being at the interview?
  9. Confused0609

    Confused0609 Registered Users (C)

    @triple citizen: based on what you said, yes, it will not cover for purposes of I-360 however, there was more to the lie that made me shift my case into VAWA from I-130. yes, i may looked fine when we were applying for AOS but there were a lot of details around the lie that i cannot put all in this forum.

    @ mariposah: lie alone is not mental abuse but if for that lie one's life is at risk, then it could qualify to an abuse, as my lawyer said. i just learned he is a drug dealer. he got arrested in november of last year. i did not know about this because after 8 hours inside the prison cell, he was given an opportunity release by the police to the condition he goes back to them with 3 more names that knows about the drug deal. he never responded to the cops' calls anymore and changed # so now, he is officially a fugitive of the law for this felony case. he came home that day like nothing happened. however, a week before our interview, he told me his story and told me that despite this hurdle, he was willing to get arrested and serve jail time as he so deserved. on 2/5 he left and never came back. now my life is at risk because his drug friends know where i live. my husband is trying to run away from them too, not just the cops, because his friends are now suspecting he told the cops their names too. this is life and death i am dealing here now. i am in the process of moving out of the house and opened up the divorce topic with my lawyer this morning and yes, i am filing for the divorce already.
  10. Jackolantern

    Jackolantern Registered Users (C)

    You hoped an abuser would come home to you?

    For you to sit in front of the interviewer without saying a word about the abuse, even with a lawyer by your side and your husband not being there, you're going to lose a lot of credibility if you now start to claim abuse. And if you don't ever see him again because he's on the run, claiming current or future abuse is also problematic. Whether the abuse was real or not, your story has the appearance that you're fabricating the abuse because you realize the I-360 will provide a last resort to get green card after the original marriage-based application failed.

    However, with his shenanigans, you have a good case for getting the marriage annulled. That would entirely remove your marriage to a felon from the public records, whereas divorce would leave both the marriage and divorce in the public records.
    Last edited by a moderator: Apr 1, 2011
  11. Confused0609

    Confused0609 Registered Users (C)

    so are you saying now that my lawyer is wrong? he was the one who suggested the I-360 because I came to his office asking for help because my husband lied to me about who he really was. when he heard my story he concluded all factors that could constitute to an abuse. are you saying now i should stop the i360 filing and simply face deportation proceedings? as i see it, what my lawyer is doing is that, he is trying to put all options available. with the I360 by which i am qualified (as he said i am), he put me thru it.

    when i went to the interview, i never did the talking. it was my lawyer (not the same one handling my VAWA) who spoke for me asking the officer to give us 60 days to locate him. abuse was never mentioned because no interview happened at all. she was saying that even with whatever it is that you are going thru right now, we will need you husband with you. this is why the 60-day extension was asked by my lawyer for me.
  12. Jackolantern

    Jackolantern Registered Users (C)

    Even if the chances of approval are low, I-360 looks like your only hope for a green card, so I don't blame the lawyer for suggesting it. And the lawyer will make money whether your case fails or succeeds, so of course he's going to suggest something even if it has a 10% or 1% chance of success.

    I'm just saying your story doesn't show much credibility, and the I-360 seems to be based on last-resort convenience after his interview absenteeism, and not real abuse. Yes, he turned out to be a drug-dealing criminal (I'm not sure how you didn't notice that before marrying him), but you apparently you would have been happy to stay married to him if instead of running away he had shown up for the interview, and shown up in court to settle his case and received nothing more than a few months in jail.

    But it's not up to me to decide your case. USCIS (and the courts, if it goes that far) will determine your fate. All you can do is make your case the best you can and whatever happens will happen.
    Last edited by a moderator: Apr 1, 2011
  13. Triple Citizen

    Triple Citizen Registered Users (C)

    I agree. The lawyer is suggesting the I-360 route for his own monetary gain and also since it is the only ray of hope, however diminished the ray may be.

  14. Confused0609

    Confused0609 Registered Users (C)

    @ jackolatern & triple citizen: first of all, at the initial interview, yes i was hopeful. why wouldn't i? he was on the run from the law and not from me. and most imporatantly, i have always wanted our marriage to work. he is my life and whatever happens to him, i am there unconditionally. unfortunately, it did not turn out that way. secondly, i did see the abuse in the course of our marriage but i bypassed it because i love him. he called me names but i tolerated it. he isolated me from his family and friends but i tolerated it. this is the reason why i never knew about his drug life because he deprived me of meeting his friends. i never met his family because he didn't want to. and i tolerated it. i had a lot of sleepless nights waiting for him to come home but he ends up coming in the morning and i tolerated it. i asked him whenever he goes out, he gets mad so i stopped asking and just tolerated it. he asked me for some money and at times i can't, he threatens me of just going back to my country and calls me useless. it scares me because i didn't wanna be away from him. i tolerated all of it because i loved him. but clearly, he was an abusive spouse. he knew i was submissive and he took advantage. but i never complained because i believed in marriage and commitment thru thick and thin. unfortunately, he did not feel the same way and left. yes, it may look like i'm just after the green card but guess what? if i am not granted, i am going home. in fact, i went to see my lawyer to ask him about how to deal with deportation. i can't be there at the immigration court alone. he then responded by saying, i'll do i360 for you. we just needed to put the facts together in one detailed affidavit with witness statements attached. this was for me, a bonus. i never even knew there was a law that could protect me from that. now if my chances are low, be it. i am ready either way. now if the lawyer is just doing this for monetary gain, then God bless his soul because whatever happens, i'm ready.
  15. Confused0609

    Confused0609 Registered Users (C)

    the life i went thru with my husband is far more greater than any kind of life one could sustain. it is imprinted in me throughout my whole lifetime. now if immigration sees my i360 as last resort, then it is so unfortunate of me to be treated like this. just because i have no eligibility at this moment, doesn't mean abuse cannot happen to me. i just wish the people in this thread be a little gentle and considerate about what i am going through at this point. thanks.
  16. Mariposah

    Mariposah Registered Users (C)

    Abuse is a very difficult thing to go through. If your lawyer thinks you have a shot then good for you.
  17. Manalive

    Manalive Registered Users (C)

    Lady, you have a tough case ahead of you. However, anything is possible and you have to take your chances.
    If finances allow, please consult a competent immigration lawyer that specializes in removal proceedings. Like I said, anything is possible. Your chances are not good but that does not mean you don't go for it. If you don't pray, start praying. If you pray, start praying more and more. You need a higher power to intervene in your case. There is a quite a few cases in this forum that had 0% - 5% (in my view) chances of getting approved, but they still got approved.
    A good lawyer, a lot of faith, some praying and a miracle is what you need. It happens everyday. I'm a witness.
    Good luck...
  18. burnemail04

    burnemail04 New Member

    Hope you guys can help.
    Dated my now estranged wife for over 3 yrs before getting married back in Feb16, she was abusive (won't get into details) we submitted i485,i765,i131, everything was going well until one good day she decided to leave, she told me that she will withdrawn the applications which she did, I received a notice of decision saying that the petitioner withdrawn and the application is denied. I had received 3 weeks ago my work permit and it also says that has been revoked.
    After she left I submitted the i360, I received an rfe and sent over more information all they requested was related to good character and good faith marriage, uscis website says that they have received the information requested, so now my questions are:
    Can I still use the EAD card to work it expires April 2017?
    Should I apply for a new one while the i360 its still pending
    Can I reopen i485,i765,i131 while the i360 its still pending
  19. newacct

    newacct Well-Known Member

    I would say you can't use the EAD to work.

    I-485 can be filed concurrently with I-360. You wouldn't "re-open" it, but file a new one. One reason people might not file an I-485 concurrently in case the I-360 is denied, the I-485 will also be denied and you will be placed in removal proceedings. But your previous I-485 was denied and you would be placed in removal proceedings anyway, so there's probably no harm in filing I-485 concurrently.
  20. burnemail04

    burnemail04 New Member

    Thanks, do you know if I would have to pay the fee again for the new i-485 after my i-360 gets approved

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