I-485 denied PLEASE HELP

D

diablo23

Registered Users (C)
My wife is an american citizen ahd sponsored me for Marriege base gc. After the interview we got a denial letter within 3 days that "case is denied because my wife was unable to provide ORIGINAL/CERTIFIED divorce papers from her previous marriage."
The examiner told us that but those were the only papers my wife had for her divorce..apparently they were copies.

We do have 30 days to file a motion. We cannot file an appeal.
and MY EAD has been terminated. It was very hard for me to cll at work today and tell them the story..

I am going to the lawyer today. We though we would never need a lawyer (BIG NISTAKE)

Any further help and comments is appreciated. I dont know what to expect anymore..

P.s. We are contacting my wife's divorce lawyer so they can mail us the orginal docs.


Thank You
 
Its very unusual for INS to Deny a petition just because you were unable to provide original documents.

They give you a 30 day time period to comply with their request for evidence. If find their explanation not upto to the mark. and no you donot need an attorney if the case is straightforward but it isnt the case anymore.

I am sorry there isnt more to it. Please consult an immigration attorney ASAP and get things taken care of before INS puts you in removal proceedings.

Good Luck
 
God help us

Thanx Sachin for the reply...appreciate your input.

So I did consult lawyer today and after when we gave him the name of our Immigration examiner he stated the we have several clients in our firm who have filed complaint against her rudness and unprofessionalism. We were unlucky that we got her.. If my wife was missing the original divorce paper..they usually give u 30 days to show the doc but NOT in my case...anyway we had 2 choices

1.Either file a MOTION to REOPEN ..Lawyer said that it could take upto 1 year for the case to reopen and no guarantee that it will be approved

2. Refile the whole shbang again....like we were filing for the first time. And take it from thier.

We picked the 2nd option.

Here we go again.
 
Hi,

please checkout the http://www.kamya.com/interview/ , this web site provide a lot of first hand rich information on interview. The web site is set up by normal, regular I-485 applicants like you and me, its only purpose is to provide a chances to exchange good or bad experience and lesson and guides. I highly recommend. Remember, the key is to prepare, make no excuse for them to deny your application.

By the way, could you please tell us your I-485 application timeline?where you filed you application?

good luck!
 
Questions!?!?!?!?!

I am so disheartened by this whole situation that I dont want to

reminde myself of the hassle we have been through starting from

filing date of OCtober 16th and finally AOS interview on

September 9th.

Anyway I need some advice now. Lawyer states that i should

refile and INS customer service suggested that i should file

motion for reopen. Any suggestions. I am really confused. On top

of that we are moving to the west coast at the end of this month.

Any advice and suggestions will be really helpful.

Thanks.
 
I am not sure if you can do both - re-file and a motion to re-open.

The only draw back in a motion to reopen is you wont be allowed to work till the case is approved.

I would say do what the attorney says.

Sachin

what district office is this??
 
NYC!

Thanks for the input again Sachin....

It is the NYC district office.....on of the worst in the nation because of the incredibly rude ppl, long lines and delayed cases.

Our lawyer stated that we should goto the office in Manhattan and try... again "TRY" to speak to a supervisor/adjudicator regarding reopening this case.. but again NO GUARANTEE what the reponse is going to be. We are in the middle.

Btw the reason I am responding quickly is becuase i am home and had to quit my JOB yesterday sine my EAD was terminated (BCIS did not even have the courtesy to atleast give the person some time to readjust with the JOB before termnationg the EAD.)

It seems like that I will be ending up refiling the case....I NEED to work...we are moving to california in 1 week. I heard that atleast the LA office is light better than the NYC.
 
Well you have 30 days to re-file or ask for a motion to re-open or even talk to a supervisor & if you have given your lawyer some retainer money he / she should accompany you to the local INS office to talk to a supervisor.

also no matter what you to (re-location to LA) make sure the NY office is notified of that move before they initiate removal proceedings against you. EOIR (is a whole another ballgame)

all the best and no matter what Hire an attorney to take care of these immigration matters

About INS revoking your EAD thats standard procedure. It's sad but its true. Once the case is denied there is no basis for you to use the EAD (obtained from the I485)
 
Motion to reopen

Just a quickie.....


Can I file motion for reopen and move out of state while they

make a desicion??? or do I have to stay here and wait for the

desicion....even it takes 1year??? Even the lawyer is not sure

about that.

Thanks.
 
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