I-485 denied

Y

Ysfox

New Member
I'm a Belgian who entered the US on a K-1 fiance visa in September 2002. My American fiancee and I got married a month later and we sent my application for adjustment of status and my application for a work permit in December 2002. The applications were returned unprocessed because we hadn't included the correct fee. Our bad. Due to several setbacks, we were unable to re-apply until October 2004. We sent the necessary forms (I-485, I-765, I-130, I-864, G-325A's) to the USCIS in October 2004, and shortly thereafter received several notices from the USCIS and our $745 check was cashed. So far, so good. At the beginning of January 2005, we were invited to the USCIS offices in Baltimore for an interview regarding my adjustment of status application. I got to put my signature and my fingerprint on a work permit form and the interview was a breeze, it only took about ten minutes. The future looked so bright, I had to wear shades. Today, 22 January, I received a letter from the USCIS. Thinking it would contain good news, I opened it eagerly, only to find out to my dismay that my I-485 application had been denied because I had applied after two years of marriage! Now, before we sent the papers for a second time, I did some research and found out that a. if you file after your fiance visa has expired, you need to include an I-130 form (which we did) and b. a person who enters the country on a K-1 visa, who gets married within the 90 day time period and who files for adjustment of status after he's been married for two years (and who hasn't left the country during those two years), should not have any problems getting his application approved and should have no problem getting a (conditional) green card. So what went wrong in our case and what can we do (the denial letter doesn't give any additional info)? And what is the point of having an I-130 for late-filers if your adjustment of status application is denied on the grounds that it is filed late?
 
I don't know the answers to your questions, but any 485 denial should have you immediately consulting a reliable immigration attorney for advice regarding the law, and for following up with the USCIS (like a Motion to Reopen) if the facts are in your favor.
 
Consult local Senator's office

I think the other alternative and probably the best way to go is to have your spouse call local Senator's office and tell them about it.

This usually results in prompt solution, if the case is solid. Your case looks more than solid.
 
485-Fiance

You are correct and have summarized the Law correctly. As your last mode of entry was legal (k-1) you complied with the terms of the K-1 (married within 90 days of arrival) you are eligible to adjust status to a conditional resident. Why they denied your application is beyond me, not the first time USCIS has made a mistake. I would not recommend an appeal or motion to reopen, as this would be extremely timely.

I would suggest hiring a legal professional to help you refile the application under their cover with properly sighted law code. If you would like help with this please call me 410-404-6813
 
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