485 Rejected for Spouse...!!

R

Regimon jose

Member
I had added my spouse to my application when the PD was not current, they accepted it, later on called her for FP. In July they approved my application. Yesterday we received a letter from INS saying they have denied the application stating the fact that PD was not current when we filed her application. They have also mentioned that the decision is not appealable. I cannot re apply 485 for her, since I am already a PR. Luckily she has another valid visa, so she can stay. Obviously I got wrong advice from my Lawyer.
 
you can file 485 for her under follow-to-join category

refer to follow to join category, ins has some resources on this topic and many lawyer dont know this. talk to a good attorney
 
Me think

If u were married before your 485 approval u can use the follow to join..talk to a competent lawyer.
 
No Title

Can the spouse still be added under "Follow to join" after 485 is approved?
 
Hey "rjose"..........I think u can still re-apply 485 for your spouse via \'derivative\'.

Sorry to hear about your spouse\'s 485 application being denied.

I guess: "Decision cannot be appealable with INS" means only that particular filing of 485 cannot be challenged with INS.
BUT you can re-apply spouse\'s 485 application (sort of refresh)
with INS.

Closing of 485 avenue for your spouse, by the INS, is
ridiculous & meaningless. There is nothing wrong with
your spouse\'s 485 application such as fraud, mis-statement,
out-of-status. Just b\'coz 485 was filed when PD wasn\'t current,
INS cannot categorically deny the chance for re-applying.

Definitely there must be an avenue for re-applying 485 case
for your spouse via derivative option and under same old
EB based case.

In either case, talk to a competent/wise attorney.

Just my two cents....
GOOD LUCK.
 
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