i-130 approved but i-1485 denied

S

Sidrahkhan20

New Member
Hi,
So my husband’s i1-30 was approved in 2009 and he was in the country on a 3 month visa, but his i-1485 was denied. We left the country in 2010. Im a US citizen and I’m back in the US to reapply for spouse visa after 12 years.
My question is that do i need to apply for i-130 and i-1485 or just i130 since this was approved in 2009?
 
newacct said:
Why was his I-485 denied?
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Because he’s a UK citizen and he came on a 3 month visa and we applied for the settlement.. when he arrived at the siphon the immigration officer asked him why was he here he said i came here just for a visit. He also asked if he will be going back within 3 months.. so my husband replied yes but then we applied for settlement.. so they think it’s a fraud
 
I believe it is due to visa waiver program. Your best option is go for consular processing. You might have to file I-824 to move approved I-130 from USCIS service center to NVC to continue consular processing.

Visa waiver program applicants are barred from adjusting status (filing I-485) in US.
 
whitemimauz3 said:
Visa waiver program applicants are barred from adjusting status (filing I-485) in US.
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Unless they are in the Immediate Relative category (spouse, parent, or unmarried under-21 child of US citizen). People who entered on VWP who are in the Immediate Relative category can do Adjustment of Status. It is not clear whether the OP was a US citizen or a US permanent resident. In any case, it seems from the description that the reason for denial was fraud. If they have a ban for fraud, they would need a waiver. But I agree that they should file I-824 to move the approved I-130 to NVC.
 
I’ve just been to the lawyer yesterday he said it’s better to start all over again and file i-130 forms because he said it has been meal 13 years that tour i-130 was approved and it might not be valid. So do you think i-130 expires??
 
I know that the NVC revokes a petition that is "inactive" for more than one year under INA 203(g). See 9 FAM 504.13-2. But I don't know if that is relevant to his case, since he applied for AOS (so the petition is with USCIS, not NVC), and he did seek to use the petition by filing AOS.
 
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