I485 denied w/ weird reason. Suggestions pls?

urright2004

Registered Users (C)
On March 1, 2005, I received a letter from USCIS-Vermont Center. On the letter, it says, “It is your contention that you qualify as the derivative spouse or child under section 203(d) of the Act. Service records indicate that the applicant for adjustment of status filed by the principal applicant was denied or withdrawn. … Therefore, your application is denied.”

However, we couldn’t find such information on the USCIS Case Status online, The I-140 and I-485 filed by the principal applicant are both shown as “pending” on the website. The principal applicant, my husband, has not received any notice yet.

Here is the date info.
1. The principal applicant had his fingerprint in Dec 2004, but is not shown on the case status yet. I had my fingerprint in Jan 2005, and such information has already been shown on my case status report.
2. I-140 filed by the principal applicant: Receipt Date: 01/16/2004.
3. I-485 filed by the principal applicant: Receipt Date: 03/03/2004.
4. I-485 filed by the derivative applicant: Receipt Date: 02/25/2004.

Could anyoone tell us how to find more information regarding my case? Thank in advance.
 
Last edited by a moderator:
Why you waited so long?

You should have called immidiately to USCIS to find out status of your husband 140/485. Do so ASAP.
 
urright2004 said:
On March 1, 2005, I received a letter from USCIS-Vermont Center. On the letter, it says, “It is your contention that you qualify as the derivative spouse or child under section 203(d) of the Act. Service records indicate that the applicant for adjustment of status filed by the principal applicant was denied or withdrawn. … Therefore, your application is denied.”

However, we couldn’t find such information on the USCIS Case Status online, The I-140 and I-485 filed by the principal applicant are both shown as “pending” on the website. The principal applicant, my husband, has not received any notice yet.

Here is the date info.
1. The principal applicant had his fingerprint in Dec 2004, but is not shown on the case status yet. I had my fingerprint in Jan 2005, and such information has already been shown on my case status report.
2. I-140 filed by the principal applicant: Receipt Date: 01/16/2004.
3. I-485 filed by the principal applicant: Receipt Date: 03/03/2004.
4. I-485 filed by the derivative applicant: Receipt Date: 02/25/2004.

Could anyoone tell us how to find more information regarding my case? Thank in advance.


Call USCIS, I think your husband's I-485 was denied. This happened to me. My I140 was withdrawn by my previous employer and INS denied my I-485 and INS also sent denial letter for all my derivatives (wife & kids). Same letter as what you received.

We filed Motion to Reopen and we noe have our greencards.

Call USCIS and Hire a Good Lawyer!

Goodluck to you.
 
Thanks everybody.

As of today:

My husband's 485 status (last updated 2/8/2005)
On January 12, 2005, the results of your fingerprint review for your I485 Application to Register Permanent Residence or to Adjust 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.

My 485 (last updated 3/3/2005)
On January 12, 2005, the results of your fingerprint review for your I485 Application to Register Permanent Residence or to Adjust 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.

And we got a RFE for 140! Last updated: 3/30/2005
On March 29, 2005, we mailed a notice requesting additional evidence or information in this case. The notice explains in detail what additional material is needed. If you have questions about the notice, what is required, or if 14 days have passed and you have not received the notice, please call the National Customer Service Center at (800) 375-5283.

Our lawyer is busy working on RFE now. He said 485 should be a mistake.
Should I still call USCIS?

Weekend is coming! :o
 
There is I-290 form for MTR

But don't do it your self although you may. try through a lawyer. You have only 33 days after denial date to file. Even your application is not redy you can request another 30 days for a brief.
 
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