Can I appeal? Answer: No, you cannot appeal but you have an opportunity to challenge the denial in Immigration Court. I also want to Thank [Attorney] Aleksandra Michailov and [her team] for all their help. for more than 365 days and he leaves the U. How to File Immigration Petition for Spouse. The interview notices that are currently being sent out are generic and somewhat confusing as they include certain documents that do not even apply in employment-based cases. After filing the adjustment of status packet, you'll wait about 30 days for fingerprinting and another three months for an interview with USCIS. I 485 Denied After Interview. This too was on EB3 category. Interviews are a standard part of the process after filing Form I-485, Application to Adjust Status. Dates below are in MM/DD/YYYY format. Adjustment of Status / Green Card Process / Form I-485. k1/k2 adjustment of status(aos) i-485, advance parole (ap) form i-131 and ead (employment authorization) Before you start this process, make your sure you got married first :) as K1, we have 90 days to get married. Can my N-400 citizenship application be denied for lying at the interview? By of Lee & Garasia, LLC posted in Citizenship and Naturalization on Monday, September 15, 2014. Applicant Interview. Supplement J does not apply if the I-140 petition is being filed concurrently with the I-485. Q: Can I Travel while my Adjustment of Status is pending? Yes. Form I-130. I remarried 2 years later and found out that my I751 was denied a year ago because I did receive the interview letter. I lost my job before my 485 interview. THE MARRIAGE FRAUD INVESTIGATION "The Stokes Interview" "Our office has helped hundreds of couples in this dilemma. Applicants who do not appear at the fingerprinting within the time frame allowed will be denied as an abandonment of their I-485 application for failure to appear. After 18 months of waiting, USCIS denied his N-400 stating that he had not been living in marital union for the requisite 3 years. If you have filed the I-485 (PR pending), you have legal status in the U. 129 Responses to "Top 10 Reasons Why Immigrants Get Visas Denied" up after the interview until the consulate has a chance to examine all the details about the. Prepare for the Interview. If an I-140 were to be denied for any reason, the I-485 would presumably also be denied unless a substitution is made immediately. Q&A From Nebraska Service Center Teleconference on Refugees and Asylees I-485. The I-485 application – your spouse’s application for the green card based on your marriage; You will also be required to attend an interview at your nearest USCIS office. While USCIS' existing I-601 hardship waiver process allows such individuals to obtain a waiver in order to return to the United States, immediate relatives cannot file a waiver application until after they have appeared for a visa interview abroad and their visa application has been denied. Once your application is accepted, it will go to the final stage where it is either approved or denied. First of all, I don't understand why you filed the I-130 and I-485 separately, since it sounds like you could have filed these together as spouse of US citizen. I applied for adjustment of status in June 22, 2007, while I had a valid TN1 Visa. Step by Step Instructions on Completing Form I-485 while appearing for the interview, you need to complete this part. In March 2012, US Embassy announced Visa Interview Waiver program for certain visa categories for qualified individuals. and meet certain eligibility guidelines. Supplement J does not apply if the I-140 petition is being filed concurrently with the I-485. if your priority dates are current and you have filed I-485 with the old employer, after 180 days of the I-485 pendency and the I-140 approval you can take any job anywhere with any employer and be able to carry the same green card forward without having to redo any work. Since the beginning of Syria’s civil war in 2011. citizen, and Yvonne, a couple in their late 20s, visited my San Bernardino immigration law office shortly after their adjustment of status application was denied. Initial Interviews in I-485 Adjustment Applications. Interview will be waived for some applicants. If it is denied, for whatever reason, they should send you to see an immigration judge who can review your case. the US but my I-485 is pending if my case is denied Marriage based visa interview Citizenship for. Ivory bought a car at a dealership and drove it home. If a Provisional Waiver is denied, the applicant is permitted to attempt a re-file of the Provisional Waiver application, but is not allowed to file a Motion to Reconsider or Reopen (MTR) nor may the applicant appeal the denial. However, Mr. If all goes well, you’ll be a permanent resident (green card holder) at the end of the interview. This usually involves having your picture, signature and fingerprints taken. seperated, they asked about how we meet, if we had ever spent any day. If you have filed the I-485 (PR pending), you have legal status in the U. pl/public/yhmzr/snk0. Go to your interview (if applicable). Then I got divorced after I751 was filed. Here's what happened. After filing the adjustment of status packet, you’ll wait about 30 days for fingerprinting and another three months for an interview with USCIS. If I-140 and I-485 are filed concurrently, will the USCIS process them simultaneously? Yes, now a concurrently filed I-140 and I-485 petition will be adjudicated simultaneously. If he entered illegally and remained in the U. The Marriage Based Green Card Interview - A Quick Guide 6 months after the first interview and at the end of the second interview the case will either be denied. If the alien's I-485 application is denied, he or she will no longer be allowed to lawfully stay in the U. The EAD issuance is largely a routine administrative matter, based on a proper filing and the existence of a pending I-485 application. consulate abroad). So I am thinking, if the 90 day unemployment counts, I was actually out of status when filing for I-485, so will my I-485 get denied because of this?. " An immigration judge denied the family's bid for asylum, and when Calderon was 15, she was given a final. Home » Q&A From Nebraska Service Center Teleconference 485 cases are often denied. the US but my I-485 is pending if my case is denied Marriage based visa interview Citizenship for. Will definitely wait for the letter to arrive. Would we have problems filing a new adjustment of status case based on the previous denial. I also want to Thank [Attorney] Aleksandra Michailov and [her team] for all their help. Of course he had a face-to-face interview with immigration officer before his GC. You could, but you should be aware it can take months to be granted an immigrant visa based on a Permanent Residency application, in which case you would be stuck outside the U. Submit Supporting Documents. The I-485 interview is likely the last step in your application process. This may be your best course of action if the problems which caused your marriage-based green card application to be denied can be cleared up before refiling. Perplexity and extreme emotion will probably figure into your state of mind after you hear those two words that cut through you like a knife: You're Denied! Denials can be delivered at the end, in the middle, or right at the beginning of your interview but whenever you hear them it's important not to over-react for two reasons. But if your case is complicated such as involving prior arrests, you may be asked to go through an interview before your I-485 can be approved. You could, but you should be aware it can take months to be granted an immigrant visa based on a Permanent Residency application, in which case you would be stuck outside the U. Once your I-824 form is received by USCIS, the initial processing will consist of checking the application for completeness. After we got married my husband (USC) filed for a form I-130 and I filed for. , may file a Form I-485 adjustment of status application at the same time the U. Whether you are ready to file the Form I-485, Application to Register Permanent Residence or Adjust Sta-tus, after the long and often tedious process of an employment-based immigration case or are filing the I-485 at the outset of the case for a giddy pair of newlyweds, usually your clients are happy and excited to conclude the green card process. For AOS applications, USCIS will deny the I-485 petition on the basis of inaction in the following situations. The EOIR judge can't make a decision on the I-130. If USCIS determines that you lied, the green card application denial will adversely affect the intending immigrant's future attempts to immigrate to the United States. If your I-485 petition is sponsored by an employer, for instance, some EB-1 green cards, EB-2, or EB-3, you have the option to change employers six months after the adjustment of status has been filed. Citizenship and Immigration Services (USCIS) or the U. Family members (spouse, children) can also file I-485 at this time. Applicant Interview. Initial Interviews in I-485 Adjustment Applications. Can i be given a green card if i re-marry? My wife removed her petition for me for I-485 and i got a denial letter. and similar questions like that. You are fine if you file the 485 immediately, and apply for an EAD. If the individual’s I-485 is subsequently denied, the EAD card automatically terminates. Below we will go over some of the top reasons for denial and discuss your options if denied. the I-140 will be approved because if the I-140 is denied, the I-485 will be automatically. my second i-485 was filed almost immediately after the denial. File form I-485 - In this case, the applicant can file for adjustment of status using form I-485 for him/herself and family members while remain in US. Now I am eligible for EB2 due to (1) TYPE 1 visa screen & 5 + years of experience. I did have an approved EAD until I got an RFE. Once your application is accepted, it will go to the final stage where it is either approved or denied. Sometimes, USCIS may schedule an interview prior to issuing a decision. Results in minutes. Q: My concurrent I-140/I-485 application was denied after RFE response. I 485 Denied Immihelp. You will need to pay all fees over again as well. You can file the denied i-485 without repaying with EOIR if you are under removal proceedings. Fifteen days later, she received a letter saying that the loan had been denied. Please do NOT hesitate to hire Capitol Immigration for your immigration issues. Adjustment of Status. This too was on EB3 category. Our application was approved on September 6th 2008. Would we have problems filing a new adjustment of status case based on the previous denial. Applications are approved if you have maintained your permanent residence eligibility. i did not renew my h4. Even if your marriage green card application is straightforward and free of red flags, the high stakes make a lot of applicants anxious. The I-290B must be filed within 30 days of the notification of the decision or 33 days if you received the notification by mail along with the applicable fees. In order for you to get good advise from us, you need to tell us the truth. If the alien's I-485 application is denied, he or she will no longer be allowed to lawfully stay in the U. Now I am eligible for EB2 due to (1) TYPE 1 visa screen & 5 + years of experience. After we got married my husband (USC) filed for a form I-130 and I filed for. 485 denied as my spouse withdrawal petition at interview saying its not a bonafide marriage. as a nonimmigrant. I am often asked, what are my options if my I-130 is denied?. You’ll also get the opportunity for a new adjustment of status interview where you can plead your case. A definitive response from the FBI regarding fingerprint clearances is required before the I-485 application can be approved or transferred to the local office for interview. If your case was approved, congratulations! Your spouse should receive a green card in the mail within a few weeks. , some next steps are possible. , green card applications) at the same time your employer or you file an I-140 Immigrant Petition for Alien Worker. If there was any chance, we would already know. I was denied i485. AOS based I-765 is generally adjudicated before I-485 and in-line with general I-765 processing times po. You will NOT get EAD simply because you filled I-485z You would need to file I-765, which in general has nothing to do with you filling I-485. My attorney did do a MTR but was denied again. Prepare for the Interview. In case they file later, they. The interview notices that are currently being sent out are generic and somewhat confusing as they include certain documents that do not even apply in employment-based cases. Got EAC and started to work in Dec 2000. For adjustment of status through a U. Home // What Happens After Someone Fails Their Interview at the Consulate? When it comes to failing an interview at the consulate most commonly it is based on a spouse or fiancé petition. If an I-140 were to be denied for any reason, the I-485 would presumably also be denied unless a substitution is made immediately. After receiving and reviewing your I-751 application if USCIS feels your marriage isn't genuine (bona fide) even though you have met all other criteria, your petition can be denied. I had filed my I 485 in August of 2016 in I immediately received an RFE stating that the financial documents were inadequate I sent in what was asked for. Applications are denied if you are no longer eligible for permanent residence. Following the interview the I-485 and I-601 applications were both approved and our client received his green card. lover, then it looks like you will be with anyone who can sponsor your for a green card. You could, but you should be aware it can take months to be granted an immigrant visa based on a Permanent Residency application, in which case you would be stuck outside the U. I applied for adjustment of status in June 22, 2007, while I had a valid TN1 Visa. Get your Family Green Card. (Normally, the employer files the I-140, but you can self-file your I-140 under certain categories, such as Aliens of. 2) Birth Certificate not available In case applicants BC was not registered at the time of birth the applicant needs to prepare well in advance of filing the I 485 application to ensure that this RFE can be answered. however, my first i-485 was denied one year after its filing (unable to provide visascreen certificate). the US but my I-485 is pending if my case is denied Marriage based visa interview Citizenship for. In 2011, he filed the N-400 naturalization application after three years of permanent residency and marriage to his US citizen wife. Basics of Adjustment of Status -Advance parolee whose I-485 was denied by USCIS [8 CFR § 1245. Checked my wife's case status today to find her I-485 visa was denied. The EOIR judge can't make a decision on the I-130. Citizenship and Immigration Services (USCIS) approves the petition filed by your U. You are fine if you file the 485 immediately, and apply for an EAD. If you have filed the I-485 (PR pending), you have legal status in the U. THE DON'Ts. Interviews are a standard part of the process after filing Form I-485, Application to Adjust Status. Step by Step Instructions on Completing Form I-485 while appearing for the interview, you need to complete this part. Petitions (Forms I-130 and Forms I-140) approved by USCIS in the United States are sent to the Department of State's National Visa Center (NVC) for pre-processing. the case will be denied. If you follow Pathway 2 from the start or switch to it after beginning Pathway 1, you will have no “backup plan” for PR denial. Although it is not official agency guidance, a summary of the stakeholder call compiled by the American Immigration Lawyers Association (AILA. After you file your application, you will be notified to appear at an Application Support Center for biometrics collection. Mar 11, 2018 · "It was horrible," Calderon said in an interview. Initial Interviews in I-485 Adjustment Applications. If USCIS asks you to perform a fraud interview, you shouldn't worry too much. I would like the consolidation as requested by my lawyer. Bottom Line. Immigration Information Center: Visa, Green Card and Citizenship. Even if you fit an eligibility category, a ground of inadmissibility can cause a green card application denial. The fraud interview usually takes place immediately after an initial green card interview. Seek Immigration Counsel. If an I-140 were to be denied for any reason, the I-485 would presumably also be denied unless a substitution is made immediately. 129 Responses to "Top 10 Reasons Why Immigrants Get Visas Denied" up after the interview until the consulate has a chance to examine all the details about the. Then while responding to RFE on new I-485 , I will let USCIS know that an MTR has been filed for the first I-485 but we will withdraw it if the new I-485 is approved. We prepared our client and his wife for the interview and attended the interview with them. Once the I-130 is approved, those other issues will be addressed during your application for adjustment of status (I-485) or application for an immigrant visa at a U. You must attend the interview for the green card with the spouse that originally petitioned for you. I manage a job from company A and during 485 interview i submit job offer letter and 485 supplement J. Will definitely wait for the letter to arrive. Most frequently asked questions about I-485, including 485 processing delays, how to file form I485, USCIS case number, change jobs with a pending i-485 case, RFE, LUD, EAD, and so on. If You Are Selected. fiancé or spouse (on Form I-129F or I-130) to help you immigrate, but then denies your application for a green card via adjustment of status (on Form I-485), the next steps can be complicated; though at least, because you are in the U. Since you do not mention any specifics - how was the application filed?. An applicant can not appeal the USCIS decision of employment-based I-485 application. Citizenship and Immigration Services (USCIS) approves the petition filed by your U. If USCIS requires an interview, we will mail you a notice informing you when and where you must appear for your interview. Form I-485 is used by nonimmigrant visa holders requesting to stay permanently in the U. Short of that, your case could be put on hold for various reasons. If he entered illegally and remained in the U. The I-485 interview is likely the last step in your application process. Then while responding to RFE on new I-485 , I will let USCIS know that an MTR has been filed for the first I-485 but we will withdraw it if the new I-485 is approved. If the sponsored husband or wife is present in the United States, you can file I-130 and I-485 together as “concurrent” application. Form I-485 is used by nonimmigrant visa holders requesting to stay permanently in the U. After a denial it may be best to just reapply for the green card if you can overcome the reason for the denial. If the alien's I-485 application is denied, he or she will no longer be allowed to lawfully stay in the U. To do so, submit Form N-336, Request for Hearing on a Decision in Naturalization Proceedings Under Section 336 of the INA, with fee within 30 days after receiving the denial notice. Recently we had the interview and found that our I-130 was approved while I-485 was denied with the argument that at the time of our application I-130 was not yet approved. Now I am eligible for EB2 due to (1) TYPE 1 visa screen & 5 + years of experience. I 485 Denied Immihelp. Once you've completed your marriage based green card interview, you'll have to wait for the USCIS to approve your petition. File form I-485 - In this case, the applicant can file for adjustment of status using form I-485 for him/herself and family members while remain in US. The fraud interview usually takes place immediately after an initial green card interview. They will perform the final processing, criminal checks and interview before the K-1 visa is granted. , after lawfully entering the U. There are several reasons for a green card application (for lawful permanent residence) to be denied by the U. The NBC will then schedule an interview slot at the local USCIS Field Office. Go to your Application Support Center appointment. Even if you fit an eligibility category, a ground of inadmissibility can cause a green card application denial. To do this, your fiance will have to apply for "adjustment of status. Basics of Adjustment of Status –Advance parolee whose I-485 was denied by USCIS [8 CFR § 1245. Schedule a Consultation - Call (866) 488-1554 - Law Offices of Jacob J. After the I-485 applications are filed, the case will be transferred to the National Benefits Center (NBC), which will review the file for pre-processing. When Miguel went to the adjustment of status interview, he was questioned by the adjudications officer. Pending Green Card (Form I-485) May Not Equate To "Legal Status" After All Whether to maintain either H-1B or L-1 status (or another nonimmigrant status) while an Adjustment of Status (AOS) application is pending has been the subject of much debate. Here's what happened. Prepare for the Interview. Form I-130. Jill's AOS Interview. Can I leave the United States temporarily while I’m waiting for my interview or after the interview but before I get my “Green Card?”. Arguing will not help and will usually hurt your case. After you file your application, you will be notified to appear at an Application Support Center for biometrics collection. 2(a)(1)] •At interview •After interview •Denials. I-485 Adjustment of Status. My question is, how long does it take for us to receive the interview letter after getting the notification online?. You could, but you should be aware it can take months to be granted an immigrant visa based on a Permanent Residency application, in which case you would be stuck outside the U. So if the I-485 was filed before the I-693 was signed by the doctor or the I-485 was filed no more than 60 days after the doctor signed the I-693, you will only need to obtain a new I-693 if it has been more than 2 years since the doctor signed the I-693 and USCIS still has not approved your I-485 application. This too was on EB3 category. In April of 2019, our client was tired of waiting and engaged the firm to file a mandamus in federal court to compel USCIS to make a decision on our client’s I-485 green card application. F1 Visa Interview. A new stronger case will allow a new adjudicator to review your case with fresh eyes. my second i-485 was filed almost immediately after the denial. You can totally drop out of school. What are the chances of I-485 getting denied ? Chances are very remote. "I cried every night. we were denied status adjustment and legal residence and travel (my wife) and they have told her she has 30 days to leave the country. There is no filing fee. These are the forms the officer will review and discuss with the applicant during the interview. Receive Interview Appointment Notice (Approximately 4-10 months after filing) The beneficiary and the petitioner will receive an appointment notice for the adjustment of status interview. the case will be denied. until it is approved. One link is Top Reasons Your Green Card Might Be Denied | Nolo. Go to your Application Support Center appointment. Applications are approved if you have maintained your permanent residence eligibility. Q&A From Nebraska Service Center Teleconference on Refugees and Asylees I-485. citizen, and Yvonne, a couple in their late 20s, visited my San Bernardino immigration law office shortly after their adjustment of status application was denied. If you are a United States citizen married to someone who wishes to immigrate to the United States, you need to file some paperwork to establish your relationship. Usually after the denial of the I-485, after the interview, unless there are other immigration violations or criminal issues. I have a very delicate case, few days ago my motion to reopen i130 and 485 was denied while my wife is serving jail time and dont know when she is coming out, first we went for interview and the IO questioned my divorce decree from my home country and requeat another divorce decree, but I send them information from the department of state website recognizing customary court divorce in my home. Can I leave the United States temporarily while I’m waiting for my interview or after the interview but before I get my “Green Card?”. will reopen the I-485 determination on its own. When can I file my I-485 Adjustment of Status?. In order for you to get good advise from us, you need to tell us the truth. Day 60 to 90: Interview (could be longer but this is on average) Day 90 longer: Green card issuance (unless a request for evidence was issued at or after the interview, in which case you have to respond before the set deadline and await a decision) The Forms. If your I-485 petition is sponsored by an employer, for instance, some EB-1 green cards, EB-2, or EB-3, you have the option to change employers six months after the adjustment of status has been filed. 0-19245-19245. They had an AOS interview in Jacksonville, Florida, after they filed I-130 and I-485 applications for Jill to be allowed to live in the United States, which she had been doing illegally since her student visa expired a year earlier. You will NOT get EAD simply because you filled I-485z You would need to file I-765, which in general has nothing to do with you filling I-485. A possible solution to delays of over one and a half years is to avoid Adjustment of Status (I-485) and instead process the application for permanent residence ("green card") status through the U. After being denied, I said I need to file a complaint. At age 12, in 1982, with a signed contract, I started to work at a small family store. Change Employers After Filing. Waite for I-130 to be approved and re-submit I-485 with a waiver. military to win a sustained land campaign. Applicant Interview. the case will be denied. Having represented numerous clients in these cases and also having accompanied clients in these interviews in cities such as: Baltimore; Chicago. It is important to properly prepare for your marriage green card interview, or you could experience a delay in the approval of your case, or worse, your application could be denied if you don't present the proper information at your interview. If USCIS asks you to perform a fraud interview, you shouldn’t worry too much. The priority date is capped but here is an additional provision. If an I-140 were to be denied for any reason, the I-485 would presumably also be denied unless a substitution is made immediately. You submit the Supplement J when you change jobs after the 180-day mark, when you respond to a Request for Evidence or Notice of Intent to Deny for your pending I-485 Adjustment Application, or when you appear for an interview at a local USCIS office to review your Adjustment Application. Below we will go over some of the top reasons for denial and discuss your options if denied. if your priority dates are current and you have filed I-485 with the old employer, after 180 days of the I-485 pendency and the I-140 approval you can take any job anywhere with any employer and be able to carry the same green card forward without having to redo any work. My Petition to Remove the Conditions was denied (I-751 denials) Question: My I-751/Petition to Remove the Conditions was denied. Plus, you’ll gain access to innovative tools, expert assistance and community support. I can’t imagine how my life would be today (4 months after filing I-485) if it is not for Capitol Immigration. WHAT HAPPENS AT THE GREEN CARD INTERVIEW AND HOW TO PREPARE It is always a good idea to consult with and have a qualified immigration attorney represent you before you ever file the green card petition and applications. I-485 Concurrent Filing with I-130. Should the underlying I-140 be denied, the I-485 will also be denied, and applicants who have not maintained a valid, non-immigrant status will no longer have a lawful basis to remain in the U. The I-485 application – your spouse’s application for the green card based on your marriage; You will also be required to attend an interview at your nearest USCIS office. If you follow Pathway 2 from the start or switch to it after beginning Pathway 1, you will have no "backup plan" for PR denial. If he entered illegally and remained in the U. Despite these independent bases for work and travel authorization, it is recommended that AOS applicants maintain their underlying nonimmigrant status at least until the I-140 is approved. fiancé or spouse (on Form I-129F or I-130) to help you immigrate, but then denies your application for a green card via adjustment of status (on Form I-485), the next steps can be complicated; though at least, because you are in the U. 129 Responses to “Top 10 Reasons Why Immigrants Get Visas Denied” up after the interview until the consulate has a chance to examine all the details about the. I did not know about the 90 days unemployment rules until today. So if the I-485 was filed before the I-693 was signed by the doctor or the I-485 was filed no more than 60 days after the doctor signed the I-693, you will only need to obtain a new I-693 if it has been more than 2 years since the doctor signed the I-693 and USCIS still has not approved your I-485 application. AOS based I-765 is generally adjudicated before I-485 and in-line with general I-765 processing times po. Is an interview required for I-485 Adjustment of Status? After March 6, 2017, all adjustment of status applicants must be interviewed by an officer unless the interview is waived by USCIS. What happens After I-485 interview ? If your I-485 is denied, you will receive a Notice to Appear before an Immigration Judge. , it is not considered a non-immigrant status. These changes impact applications for Advance Parole Travel Authorization (AP) as well as requirements for in-person interviews for the final adjudication of the I-485 Application for Adjustment of Status. If you've been denied an adjustment of status by filling out Form I-485 and you’ll attend an interview at which USCIS approves your U. Hi Friend's, My I-485 got Denied (Still waiting for the reason) Please help. My attorney did do a MTR but was denied again. I will be barred from applying any visa to usa? Can I go back to my country and apply for student visa f1 and come back?. Concurrent filing is a term used when one form is filed at the same time as the other. Fifteen days later, she received a letter saying that the loan had been denied. Adjustment of Status / Green Card Process / Form I-485. pl/public/yhmzr/snk0. USCIS officers are notoriously difficult to reach and requests for changes in interview times are not well received. Consulate, Post, or Embassy will process the case. Here's how you prepare for the final K-1 visa interview… Nothing compares to the feeling when your Fiance visa petition (I-129F) is approved. I also want to Thank [Attorney] Aleksandra Michailov and [her team] for all their help. If the I-485 is denied while you are traveling, the companion Advanced Parole may also be denied, and you will be unable to return to the United States. Embassy or Consulate in the applicant’s home country or another country where he or she has resided for at least three months ("consular processing"). The I-485 remains denied during the time that the petition is being appealed. consulate abroad. Would we have problems filing a new adjustment of status case based on the previous denial. , some next steps are possible. Even if the USCIS has granted several EAD approvals, they may very well issue a request for evidence (RFE) or even a denial of the I-485, if there are underlying problems with the case. Can i be given a green card if i re-marry? My wife removed her petition for me for I-485 and i got a denial letter. k1/k2 adjustment of status(aos) i-485, advance parole (ap) form i-131 and ead (employment authorization) Before you start this process, make your sure you got married first :) as K1, we have 90 days to get married. Q: Can I Travel while my Adjustment of Status is pending? Yes. Then while responding to RFE on new I-485 , I will let USCIS know that an MTR has been filed for the first I-485 but we will withdraw it if the new I-485 is approved. THE DON'Ts. Proper preparation can make all the difference in being approved or denied for a Green Card. Even if you fit an eligibility category, a ground of inadmissibility can cause a green card application denial. I-485 Status I-485 Approval/Denial Date Card Production Ordered Card Received Date EAD Applied? AP Applied? EAD Approval Date AP Approval Date EAD Received AP Received Time to Get EAD Approval Time to Get AP Approval Time to Get Fingerprinting Done Total Time to Get GC Most Recent LUD Days Elapsed Experience Interview Ready Date Interview. 2(a)(1)] •At interview •After interview •Denials. The final step in the marriage-based green card process, the I-130 and I-485 based on marriage to a U. I-485 denied [ 5 Answers ] A friend of mine who came here on B1 visa won a DV loto visa 2008 ,he first applied for adjustment of status when his I-94 was valid and went for an interview everything went well the only problem that time was his background check was not ready ,however USCIS has sent him a letter 2 months later. We did submit the RFE within 30days after the interview. In fact, not all Form I-485 adjudications require an interview. As a result of this special status, spouses of citizens can file Form I-485 or DS-230 immediately after an I-130 has been filed on their behalf. Please do NOT hesitate to hire Capitol Immigration for your immigration issues. Secondly, the I-485 is not just denied without an interview so I am not sure that it was really denied; it may just be a mistake. Applicants should also be aware that inaction may lead to abandonment of their COS or AOS applications. Other reasons why your application may be denied Submitting your I-751 form late Insufficient Documentation Dissolved marriage. Submit Your Immigrant Visa and Alien Registration Application. Got EAC and started to work in Dec 2000. What happens after your Fiance visa case (I-129F) is approved. It means you're one step closer to being. Explanation of the I-601A Provisional Waiver Rule Explanation of the Provisional Waiver Rule for the Unlawful Presence Bar. Why was my I-485 denied: Answer: If your I-130 was approved but I-485 was denied, the USCIS officer probably determined that you were inadmissible for purposes of adjustment of status or did not meet all requirements for adjustment of status. citizen and his wife, Jill, was not. I think you do not have an approved I-130, or you have a denied I-130, that's why you didn't bring it to the interview. Can Second Marriage Adjustment be Filed? I had a prior marriage where my spouse refused to attend the adjustment of status interview. Q&A From Nebraska Service Center Teleconference on Refugees and Asylees I-485. My plan is to file I-485 before my O1 employment terminates. File I-485 earlier: You, your spouse, and your unmarried children under 21 can file your I-485 applications (i. I-90 Application Processing: Approved & Denied Applications. After the interview, it may be possible to fix an inappropriate denial by filing a motion to reopen. If USCIS asks you to perform a fraud interview, you shouldn't worry too much.