Reply With QuoteAre you using an attorney? If not you might need to consult one. There are recommended ones here on this site.
I am a U.S. citizen who married a Chinese girl last year. She was (and is) studying here on an F1 student visa. We got married last september and filed an I-130 then I-485.
We just got a notice yesterday that our petition was denied. She left the country in January for a 3-week visit home, and I sent the application package in at that time - not realizing that she had to physically be in the country when they received the application.
She used her F1 visa when departing and coming back.
Now the I-485 is denied, and the bottom of the letter says that her immigration status is now unlawful and she has 30 days to leave the country. This came as a shock to both of us.
Is it possible that somehow her F1 status was affected by the application denial?
I appreciate any information I can get, because calls to USCIS and the State department have been very unenlightening.
Are you using an attorney? If not you might need to consult one. There are recommended ones here on this site.
Cristian, Nicolas and Alex
My 3 boys
Awards:
Calls to USCIS and DOS will usually be unproductive. The operators don't deal with issues like this. You need to talk to a good attorney about this as soon as possible before she leaves the US.
It is concerning that they are saying she is unlawfully present even though her visa is current. I think it is possible that she needed to apply for AP before leaving.
**** Please consult with an experienced attorney before moving forward with your case even if you have received immigration opinion from this website. I am not an attorney. ****
BEFORE YOU FILE:
* member recommended immigration attorneys * EWI, 9C, 6B, and other bans * I-601 test: will you need a waiver? *
GUIDES AND HINTS:
* spouse visa guide IR1/CR1 visas * fiance visa guide K1 visa * adjustment of status * 1st steps for filing for undocumented significant other *
I-601 / I-601A HELP:
* I-601 General Information Section - over 10 stickies on 'how to' * how to assemble I-601 or I-601A waiver * I-601 Mexico section *
* lockbox/NSC filing discussion * lockbox/NSC timelines * provisional waiver discussion * provisional waiver timelines *
MORE INFO:
* resources for deportation and removal proceedings
* DACA for DREAMers
* after visa approval FAQs - green card questions, etc
* consulate contact information
Thanks - We've contacted a few attorneys here (we're in Maryland, I didn't see any on the list).
Awards:
You don't have to consult with someone local, but a lot of people like to. Immigration law is federal so the state of the consulting attorney doesn't matter. If she was in removal proceedings and had to go to court, that is a good time to use a local attorney.
Please keep us updated and best of luck.
**** Please consult with an experienced attorney before moving forward with your case even if you have received immigration opinion from this website. I am not an attorney. ****
BEFORE YOU FILE:
* member recommended immigration attorneys * EWI, 9C, 6B, and other bans * I-601 test: will you need a waiver? *
GUIDES AND HINTS:
* spouse visa guide IR1/CR1 visas * fiance visa guide K1 visa * adjustment of status * 1st steps for filing for undocumented significant other *
I-601 / I-601A HELP:
* I-601 General Information Section - over 10 stickies on 'how to' * how to assemble I-601 or I-601A waiver * I-601 Mexico section *
* lockbox/NSC filing discussion * lockbox/NSC timelines * provisional waiver discussion * provisional waiver timelines *
MORE INFO:
* resources for deportation and removal proceedings
* DACA for DREAMers
* after visa approval FAQs - green card questions, etc
* consulate contact information
i suggest you consult a lawyer and make an infopass.. i think the reason it was denied was probably because she left without the AP.. since she left, it meant that she abandoned her I-485..
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