I-485 denied twice

[luciaandrade]

I just want to see if there’s anyone here with a case similar to mine I also seek advice.

In 2010 I entered the United States under a k2 nonimmigrant visa my daddy married a stepmom who brought us here they got married 90 days after entered the USA but my stepmother didn't go with us to the interview it was me my daddy and my sister we all had a work permit and social because no one showed to interview I can't adjust my status but my sister does.

In 2022, I got married to my husband. We filled out all the paperwork. They approved the I-130 but denied the I-485 and I-765.

The reason they said this was that we didn't show up for the interview in 2010 but I was only 19 years old at that moment none of us knew what to do.

My lawyer suggested we file I-290b to reopen the case, which they did, but a few days ago, they denied it again.

What do you think I should do?

 

[newacct]

Someone who entered on K1 or K2 cannot do Adjustment of Status through anyone except the US citizen who petitioned the K1. See 7 USCIS-PM B.7(F). The legal basis of this is INA 245(d). So the I-485 through your husband was correctly denied; you shouldn't have filed it in the first place. There is nothing to reopen about the I-485 through your husband. You could leave the US to do Consular Processing abroad, but you would trigger a 10-year ban upon leaving, and an immigrant waiver for this ban would require showing that your husband would suffer "extreme hardship" if you can't be in the US; this is very hard to show. If you think you want to try for a waiver, you should switch your I-130 to Consular Processing (which may require filing I-824 if the I-130 has already been approved), and filing I-601A for a provisional waiver after you have paid the Department of State fees.

The correct thing to do would have been to file, or re-file, I-485 through your stepmother. Was your stepmother unwilling to support your AOS? If your stepmother was later willing to go to the interview and submit I-864, you could still have re-filed AOS, even years later. As long as you entered on K2 before you turned 21, and your father married the stepmother within 90 days of entry, you remain eligible for AOS from K2, even if you have turned 21 after entry, according to the Matter of Le. In this category, you do not have to be in status to file AOS. However, you got married, which might complicate things. The Matter of Le doesn't address the question of whether you remain eligible for AOS from K2 if you have married after entry. I don't know if there is guidance that addresses this question.