I-485 Denied, but the officer's mistake!!

K

kittyuki

Registered Users (C)
I sent my I-485 on July 2005 and went to interview on Feb 2006. At that time, the officer told us to submit more document because we did not have enough income, we needed to find the joint sonsor. And, we submitted all the document on end of March 2006. They told us to wait 120days to get the decision from them. After 4 months, they did not send me anything, so I made infopass to see the offcer. They said that they have received all the document we sent, but there are a lot of people waiting before us, so just wait. We waited for a year, but they did not reply anything. I made infopass again to see the offcer and they said I just need to wait and they cannot do anything for me by making infopass. So, I decided write a letter to conglessman and senator. Right after I sent the letter to them, I received the letter from officer said that my I-485 is denied and the reason is that our marriage is fraud. Of course, it is fraud because my husband's name was the one I have never heard! This guy has same last name with us, but totally different person from my husband! They said we sent the application in 2003, but actually it was 2005!!! Are they really looking for the information carefully?? How can they make these kinds of mistakes.

I will go to infopass on Monday to talk to the officer. Please give me some advice.
 
Bring along all of the supporting documents you submitted. Highlight the correct name of our husband, the date of receipt of your application (showing 2005, not 2003), and the letter that the officer sent to you.
 
After info pass

Unbelievable thing is happened, yesterday. I made info pass and asked the officer what is going on with my case because there was unknown name on my letter. What the officer told me was I married to this guy first and submitted the I-485 application in 2003. But I have never heard the name of the guy on my letter. How could I get married to him? He said that I married to that guy and apply I-485 and I married to my husband, now and apply I-485, again, so I have two different cases. And, my first case is denied and second one is still pending. I was really surprised what he said. I only married once in my life!!! I told the officer that, but he did not believe me. What he said was your officer saw your file and found out that I filed two cases. I asked the officer to show me the proof that I married two times but he said it is not possible. I asked him that I would like to talk to my officer but he did not let me. He told me that wait for one more month and come back, and then I will let you see your officer. He was so mean. I think he found out that it is their mistake but they just did not want to admit it.

Please believe me. I only got married once. How can they mess up like this? They told me that I have two times marriage record. Do you think it is true? How can I proof that I only got married once? Is there anything I can do? I really want to show the officer that I talked yesterday that I only got married once!!! His attitude was very bad to me.

And, about the pending case, I asked couple attorneys what should we do. They said we should withdraw once, and re-apply I-485. What do you think?
 
kittyuki said:
And, about the pending case, I asked couple attorneys what should we do. They said we should withdraw once, and re-apply I-485. What do you think?
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Refiling the I-485 won't solve the problem, and might get rejected again. You need to find the file numbers of the previous I-130/I-485, and file an FOIA request to see what data is there. From there, it should be simple to determine that it's not referring to the same person.
 
TheRealCanadian said:
Refiling the I-485 won't solve the problem, and might get rejected again. You need to find the file numbers of the previous I-130/I-485, and file an FOIA request to see what data is there. From there, it should be simple to determine that it's not referring to the same person.
Click to expand...

It is impossible to find the number because I have not applied I-130/I-485 twoice!! I only submitted application once, but they told me that I have submitted two times. So, how can I file an FOIA without file numbers?
 
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