I 130 & I 485 denied with no option for appeal

Defsu

New Member
Hi there,
This is the first time I post on a forum. I read a few comments via Google and could appreciate how helpful they were, specially the responses from the moderator. So I decided to give it a shot and registered. Here is my problem:
My wife and I had been married for 5 years now. We have a 3 years old son. They were both living back home.
My wife came here on a B visa a year ago, and my son came 6 months later.
Both after I was naturalized.
I applied for both (two I-130 and two I-485).
My son got his citizenship without problem.
My wife's applications (including work authorization) went smoothly until the interview:
Before I left my home country 12 years ago, I had just wedded. She couldn't wait for me and eventually remarried in 2000. I was able to get a copy of her second marriage certificate.
Throughout my (second) wife's application, I used that marriage certificate as proof that my first marriage was terminated. Obviously I was wrong as the immigration officer requested a certified divorce decree.
My first wife is nowhere to be found, and I hired lawyers to try and obtain that from the court back home; but all they could do was to go through a divorce process.
The immigration officer showed a lot patience; but after 6 months, we finally received a denial letter. Ironically, a week later, the Court back home granted the divorce.
Now my wife was give 30 days to leave the country (6 days left) or be subject to removal proceedings.
The denial later states that the "there is no appeal from this decision".
Since the divorce decree dated from a few days ago, I assumed that it would invalidate the previous marriage; so we went ahead and did another marriage here.
I am now trying to re-submit I-130 & I-495 with the new marriage certificate; but money is now a factor and we are running out of time.
What are my options?
Any help would be greatly appreciated.

Bests.
 
When did you get the denial letter?

You need to refile the entire packet as the first one is dead in the water. Even if your wife faces deportation proceedings, she can still adjust. There was a memo last year from ICE that stated they would hand off jurisdiction to USCIS if the deportee has a way to AOS. USCIS released a memo confirming the same.

You will have to pay the new fee regardless. Money may be a factor but a bigger factor is your wife is on the brink of being deported due to your careless mistake.
 
I know you mentioned that money is tight. Unfortunately, you will need to spend money to keep your wife here.

You need to consult a competent immigration lawyer that specializes in deportations/removal proceedings, and they are not cheap. I believe you will get pretty good advice out of this forum. However, your case needs a lawyer who is an expert in removal proceedings to keep your wife from being deported. 30 days is not a lot of time.
You need to act quickly...

Good luck...
 
I am now trying to re-submit I-130 & I-495 with the new marriage certificate; but money is now a factor and we are running out of time.

If money is tight, borrow the money and file I-130 and I-485 ASAP, or she'll be fighting removal proceedings which will be much more expensive and stressful. Take a cash advance from your credit card if necessary.
 
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