I-485 has been denied

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Mr.Dan - 29 Sep 2006 11:10 GMT

Hello everyone,

My wife (USC) and I got married on Mach, 2005. After a month later-we
filled up all the paperwork and filed in Charlotte, NC. I got my EAD
within less than 2 months. Then started waiting for the interview. On
November 2005-we received a letter saying that the scheduled interview
has been canceled. Then on January 2006-we received another letter that
schedules for an interview on February. We went to interview. The
interview took almost 2 hours. The officer asked all kind of questions
and at the end of the interview she told us she would make her decision
soon.

Since we haven't heard anything from the office-I scheduled couple
infopass visits to ask about my case on April 2006, and May 2006
respectively.During ths time I also applied for a second EAD. I got my
second EAD on June 2006.

On June 2006-I applied for I-131 Travel Permit. And today-I received a
letter from them stating that they can not approve my I-131 because of
the fact that my I-485 had been denied. I am shocked! We didn't even
receive any letter from them. If they denied my I-485-how did they
approve my EAD on Jun2006?

I will get a lawyer to ask all these questions. Meanwhile, I also would
like to know if anyone had a smilar case.

Thanks,

Reply to this Message

lpdiver - 29 Sep 2006 12:44 GMT

> Hello everyone,
>
[quoted text clipped - 26 lines]
>
> Thanks,

Why not make another infopass appointment and see what you are dealing
with. It may end up being a simple affair, such as an RFE for something
you can easily produce.

Apparently you have made it this far without problems.

Is there something in your history that you think might cause problems?
A two hour interview seems long for sure...

Good luck,

t

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Mr.Dan - 29 Sep 2006 14:37 GMT

Hi IPDiver,

First of all thank you for your hopeful advice. I will make an info
pass appointment right away. On the other hand-one of my info pass
appointment was held on May 10th. I direct my question to the officer
through window and she told me that there is no decision made in
regards with your file (According the letter I received-the I-485 was
denied on April 2006).Very strange.

Regarding the interview taking almost 2 hours- I checked with lawyer 3
months ago: I was told that my wife being African-American and I being
white would be the problem. He told us that, lately, DHS people tend to
be harsh on interracial couples. Since that suggestion came from a
lawyer-I really think it may be true. On the other hand- I told the
officer, during the interview, my wife, meanwhile, considers become a
Muslim.

Whatever the reason is they should have at least the courtesy of
sending a letter and stating the problem. According the letter I
received yesterday (Denial of I-131)-my I-485 has been cancelled on
April 2006. It has been almost 6 months over. I even would not be aware
of my case status if I didn't apply for a travel permit.

Dan.

Reply to this Message

kebuchan - 29 Sep 2006 17:39 GMT

> Hi IPDiver,
>
[quoted text clipped - 22 lines]
>
> Dan.

Dan,

Seems like a pretty straight forward case. The interracial bit, I find
a little hard to beleive since from the looks of what i've seen at DHS
and other appointments that I've attended, most couples are bi-racial.
There are few that aren't but I think most are, even coming from Canada.

You didn't mention anything about your status in the US before you
applied for the AOS. How you got to the US and what you were doing. I
don't know how relevent this is. Also, country of origin. I think
that might play a bigger role in their reservations than race. But
I'm not an expert in this area by any stretch of the imagination, this
is just my 2c.

Regards,

Kevin

Reply to this Message

Rete - 29 Sep 2006 18:00 GMT

> Dan,
>
[quoted text clipped - 14 lines]
>
> Kevin

Wanna bet it was denied for something as simple as a request from them
for more documentation which wasn't received within the deadline?

You have an attorney of record, he would have been the one to get
the request for more documentation and/or the denial letter. What
does he say?

Signature

I'm not an attorney. This disclaimer is valid in NYS!

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Immigration Forum / USA Marriage Base / September 2006

I-485 has been denied