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Thread: Application denied! looking for answers...

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    Application denied! looking for answers...

    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.

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    Illustrissimi
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    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

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    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.

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    Thanks - We've contacted a few attorneys here (we're in Maryland, I didn't see any on the list).

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    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.

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    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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