I got approved but wife's is going to be denied - why ???

G

geoff3

New Member
I got approved. (RD 8/2/01, ND 9/24/01, FP 1/15/02, AP 9/3/02)

I spoke with IIO today to ask my family's I485 status. She said my wife and daughet's one are going to be denied. They are going to send a letter with the reason. She doesn't know the reason.
We filed I485 all together and have same RD and ND. I had H1B and my family had H4. I did not change the company. I couldn't find possible reason.
I really don't understand why my family's are gonna be denied even I got approved.

Pleas help me if you have any similar experence.
 
Did u check online status...

...or AVM?? What does that say?

That's outrageous!! Maybe the IIO didn't interpret the info properly.
 
Were they out of status ...

Were your wife and daughter were out of status when you applied your i-485. Usually the intent to deny is given if u were out of status when u apply ur I-485.

Also when you filled out the application did make sure that all the info entered was correct like I-94 no., date of last entry etc. Those wrong info can also lead to intent to deny by the INS.

But please check with your lawyer who will chalk out your course of action.

All the best and dont lose hope.
 
On the AVM,
On January 22, 2002, the results of your fingerprint review for your I485 APPLICATION TO ADJUST TO PERMANENT RESIDENT STATUS were received, and processing has resumed on your case. We will mail you a notice if further action is needed, or when a decision is made.

They didn't update it yet.
 
Eager to know

First of all, it is really sad to know that your family is being denied permanent residence.
Iam eager to know why?. Probably a letter of explaination from INS would tell the whole story. We also have filed together ie, me, my wife and daughter, though my wife is a principle applicant.
Never heard of this situation. Everybody gets it or nobody gets it, unless the H-4 of other member(s) is expired and they are out of status.
Another reason which comes to my mind is that INS has tried to contact you regarding some info they need during your final stages of processing and were not able to do so on time and so case is denied due to insufficient information etc etc.
Anyway friend I am not a professional in this case, but be patient and keep us informed so that we could learn from your bad experiences. Wish you all the best
 
Did you renew your H1 and forgot to renew their H4s?
Do they have valid and current I94? If thats the case don't worry you may need to pay $1000 fine for being out of status and will be approved.

Good luck!!
 
Like you a bunch of August filers are still awaiting their approval. You say you got yours today. I am sure there is a way around this deision regarding your family. You should start talking to your lawyer immediately.
Was this your first talk with the INS official?
 
Originally posted by geoff3
I got approved. (RD 8/2/01, ND 9/24/01, FP 1/15/02, AP 9/3/02)

I spoke with IIO today to ask my family's I485 status. She said my wife and daughet's one are going to be denied. They are going to send a letter with the reason. She doesn't know the reason.
We filed I485 all together and have same RD and ND. I had H1B and my family had H4. I did not change the company. I couldn't find possible reason.
I really don't understand why my family's are gonna be denied even I got approved.

Pleas help me if you have any similar experence.
Click to expand...

geoff3

I personally feel there is some communication gap here, I dont think INS will deny any case, without giving the applicant a chance to prove his/her eligibility.

So assuming they cannot deny it, they will tell you they have an Intent to Deny, and for what reasons, and if that descision can be changed, and what needs to be done to amend that.

Like some other Filers have said on this thread, was your family ever out of status for less that 180 days, or more than 180 days.

If less than 180 days they can file under 245k and should be ok

If more than 180 days they can file under 245i and you will also have to pay a 1000.00 penalty for any one over the age of 17.

This what I am writing is just speculation, the best thing to do would be to contact your Lawyer, and take it from there.

But like I said earlier INS surely will give you an opportunity to prove your eligibility before any descision.

Please DO Contact your Lawyer ASAP.
 
Denail=RFE

After reading JULY16's case, I understand that and Denial is just another form of RFE..

So Just wait for the notice to come, and then somebody can suggest a solution.

So stay put and wait for the notice,...
 
Dont Worry

Your wife and kid have an RFE possible. They may have misplaced some documentation or may be seeking addaitional information.

They always say "Intent to deny" . Remember the word is "Intent".

Dont worry, furnish the additional information they ask quickly and your spouse and child will be approved.

Good luck my friend!!!!
 
Were they out of status anytime ? Did you renew their H-4's ?

Congratulations on your approval !!!
I think they will get RFE.
 
Does she have any medical problems?

If anyone is having severe medical problems then they can deny the application
 
geoff3 -- Give more details.

geoff3 -- Why don't you give more details so that more pointed answers and suggestions you will get. Probably this helps others also.
 
Thank you for all of valuable comments.

Here is more detail information about us.

- We did not receive any letter from INS yet.

- We never have been out of status.
But my family EAD expired and we did not renew it because I received approval notice before EAD expired date. We thought my family's one will come soon and my wife doesn't work now.

- We did not hear any medical problem from doctor when we had medical examination.

- I spoke with my lawyer and he said he can not tell anything before we get the letter from INS. He said usually they got mistake with foolish reason like requesting birth certificate or more document which we did already.

I guess my family can have only documentation problem like typo or misplaceing some document. I saw several times that the lawyer did this kind of mistake.

I will post it when I get the letter.
 
EAD and Dependent...

Once 485 has been filed and the H4 Visa expires for a Dependent he/she need not have an EAD. The 485 Receipt itself is a valid document saying that the AOS Application is pending.

EAD is required if and only if you plan to work period!

As others have posted on this ongoing discussion thread it is only an 'Intent to deny' which you will have to prove otherwise.

So lean back and relax!

DO NOT PRESS THE PANIC BUTTON YET and EVER!

Just take this in your brain...What is the use of you getting a GREEN CARD and same being denied for the Spouse and Kid?

BTW congrats on you getting thru!

Luv

-Roma
 
More information....

This is what my Lawyer sent to my Company collegue...

Please note that it is not a requirement that your wife have a valid EAD or AP. If she is not working or traveling out of the U.S., and you just let her EAD and AP expire, your wife will not be out of status, she will just not be able to work or travel. She would be considered an Adjustment of Status applicant.

Luv

-Roma
 
@geoff3
geoff3 said:
I got approved. (RD 8/2/01, ND 9/24/01, FP 1/15/02, AP 9/3/02)

I spoke with IIO today to ask my family's I485 status. She said my wife and daughet's one are going to be denied. They are going to send a letter with the reason. She doesn't know the reason.
We filed I485 all together and have same RD and ND. I had H1B and my family had H4. I did not change the company. I couldn't find possible reason.
I really don't understand why my family's are gonna be denied even I got approved.

Pleas help me if you have any similar experence.
Click to expand...
Were you able to resolve the issue , Im in the same boat as you .
 
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