I-485 Denied for overstay (did not overstay) Visa I-601 also Denied.

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AZUScitizen

New Member
I'm a U.S citizen, I applied for my wife's Naturalization I-485(June/11) we had the interview on Oct 5th 11; at the interview they asked my wife when was the last time she had left the country, she replied February 2011. he asked and before that? she said: I don't remember.. so he asked when was the first time she entered the US being married. she said Dec-07, he maid us sign a letter with all the questions he had asked at the interview, one of them saying that she had entered the country in Dec-07 then left the country in February 2011 for a few weeks and returned in March.
We signed, and he followed by denying the application for overstay. (issue! She had been traveling back and forth to Mexico at least every 3 weeks! she never stayed over the 180 days.)
We filed form I-601 and was also denied (June 25 2012 unable to prove extreme hardship).

So my question is what should we do? reapply?
Try to reopen or appeal the case?
Have her leave The country and wait the Penalization time of 10 years?

Im pretty sure US customs should have a record of every time she crossed the border! I can try to get that from them.
 
I'm a U.S citizen, I applied for my wife's Naturalization I-485(June/11)...
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No, you applied for her green card. Naturalization results in citizenship, and green card is NOT citizenship!

When she was traveling back and forth, did she use a visa every time? If she did, they should have a record of most of entries, possibly all.

Why did she sign that paper saying that she entered in December 2007 and stayed until Feb. 2011 if it wasn't true? And then applied for the waiver when it would not be needed if she actually didn't overstay? Applying for the waiver is essentially admitting to the overstay. Those two actions made her case much more difficult to recover from.

You need an immigration lawyer ASAP to appeal the denial or reapply for the I-485, and you will need those Customs records of her entries. She should NOT leave the country until this is resolved.
 
Yes sorry Green card.
Yes she was coming back and forth with her visa, and she signed the questioner because she was confused about the questions, and the officer did not let me advise her about them, he doesn't speak Spanish and my wife doesn't speak English. We did not bring a translator to the the interview, so the interviewing officer decided to use Me as the translator. He specified, "you will be the translator but if I suspect that you are telling her what to say I will stop the interview and deny the application, so you will translate the questions as I ask them and you translate the answers exactly as she replies, Tell her that!".
He intimidated us and she got nervous and we both screwed up I guess. After the denial we asked our consultant ( a Lady who helped us file I-485 that supposedly work for USCIS for 20 years and had all this experience and extra BS. She filed the I-601 for us, av course for an extra fee). let me use this example to advise anyone seeking Immigration services to GET A LAWYER, a real one. I should of known.

Is their a legitimate way of obtaining those records from US customs at the border? I don't know if they would just give me a print out of the record.
 
How to obtain CBP entry/exit records: http://www.cbp.gov/xp/cgov/admin/fl/foia/foia_requests/how_entry_exit.xml

Normally they take months to deliver those records. However, that can be expedited for court cases or deportation proceedings. Let a lawyer handle it, they'll know if/how/when it can be expedited. Find a real immigration lawyer, preferably one who is a member of the AILA, and let them advise you on everything for this case going forward. Discuss with the lawyer the choice of reapplying with a new I-485 vs. appealing the original I-485 denial. This case is an serious uphill battle, and you will doom it if you try to handle it yourself without a lawyer.

Yes she was coming back and forth with her visa, and she signed the questioner because she was confused about the questions, and the officer did not let me advise her about them, he doesn't speak Spanish and my wife doesn't speak English.
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Those are important facts. Remember them for the appeal.
 
AZUSCitizen,

Any updates on your case? I don't understand why they denied your wife's AOS because she overstayed. That by itself is not a reason since you're already a US Citizen, unless I'm missing something else. Thanks
 
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