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Immigration
Adjustment of Status - I-485
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Denied and applied again!
Good Morning All,
I applied me and my wife in 2016 ( Wife Green Card Holder Then) I-485 and I-130 concurrently…I am a J-1 Visa Holder and on Visa it says 2 year rule apply and also 15+ years visa overstay…we been married for 2 years then and have a one year old daughter born here (US Citizen).
I-130 was approved…I485 we had interview scheduled…on interview officer said she will mail us an RFE for the 2 years rule cause we need to provide a waiver for it.
We applied for waiver and we received the RFE, Waiver is taking longer than expected and the RFE deadline is approaching. Our lawyer decided to send the the RFE response that we applied the waiver but it is taking time.
A few months later we received a Denial Letter with 3 reasons for denial
1- Two years rule apply with no waiver submitted.
2- Visa Overstay
3- Work without authorization
Me and my wife were sad and terribly disappointed to say the least, after talking to few friends and other lawyers we realized that our lawyer doesn’t know what he is doing and we shouldn’t have applied in the first place.
We hired another different lawyer after doing much research and consulting friends and new lawyer said to wait till wife become US citizen for best Chances of success.
Also regarding the waiver we applied for we received a reply later on stating that the 2 year rule DON’T apply on me..i have never received government funds nor on the skills list therefore a waiver is not needed and I am free to adjust with the USCIS without further issues on that matter…they provided official letter stating the above clearly…..the joy we felt…a glimpse of hope in the sea of darkness.
3 years past by and my wife is US citizen…we applied again on December 2018, received receipt a week later, bio letter mid-December, bio appointment done and completed on January 2nd,2019…now we are sitting and waiting ….case status still stuck showing “ Fingerprint fee received”.
We are very nervous about this and not sure our about my chances especially having a denial earlier….15+ year of visa overstay is a real mental and emotional struggle and we are just praying for this nightmare to be over.
Anyone with an insight or opinion about above I would be more than thankful and grateful for your contribution….god bless you all and thank you for your time!
I applied me and my wife in 2016 ( Wife Green Card Holder Then) I-485 and I-130 concurrently…I am a J-1 Visa Holder and on Visa it says 2 year rule apply and also 15+ years visa overstay…we been married for 2 years then and have a one year old daughter born here (US Citizen).
I-130 was approved…I485 we had interview scheduled…on interview officer said she will mail us an RFE for the 2 years rule cause we need to provide a waiver for it.
We applied for waiver and we received the RFE, Waiver is taking longer than expected and the RFE deadline is approaching. Our lawyer decided to send the the RFE response that we applied the waiver but it is taking time.
A few months later we received a Denial Letter with 3 reasons for denial
1- Two years rule apply with no waiver submitted.
2- Visa Overstay
3- Work without authorization
Me and my wife were sad and terribly disappointed to say the least, after talking to few friends and other lawyers we realized that our lawyer doesn’t know what he is doing and we shouldn’t have applied in the first place.
We hired another different lawyer after doing much research and consulting friends and new lawyer said to wait till wife become US citizen for best Chances of success.
Also regarding the waiver we applied for we received a reply later on stating that the 2 year rule DON’T apply on me..i have never received government funds nor on the skills list therefore a waiver is not needed and I am free to adjust with the USCIS without further issues on that matter…they provided official letter stating the above clearly…..the joy we felt…a glimpse of hope in the sea of darkness.
3 years past by and my wife is US citizen…we applied again on December 2018, received receipt a week later, bio letter mid-December, bio appointment done and completed on January 2nd,2019…now we are sitting and waiting ….case status still stuck showing “ Fingerprint fee received”.
We are very nervous about this and not sure our about my chances especially having a denial earlier….15+ year of visa overstay is a real mental and emotional struggle and we are just praying for this nightmare to be over.
Anyone with an insight or opinion about above I would be more than thankful and grateful for your contribution….god bless you all and thank you for your time!
All Replies (9)
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