Homestead246

I'm a Canadian who came to the US on a fiance visa almost 2 yrs ago,
married my husband, and applied for an I485. Then yesterday, 17 months
later, we got a denial notice and I was told to leave the US. It was
denied because we erroniously sent in our copy of our marriage license
when it should have been the registered and recorded copy from the
courthouse. How do we go about making a motion to reopen / reconsider
our application? I have a valid parole document - do I need that
anymore to reenter the US if we go to Canada to visit? Am I allowed
to reenter as a visitor now? Should we start all over again with a new
I485 application? How long do I have to take action?

[email protected]

If I were in your situation, I would simultaneously contact my
congressman and start a K3 process (pretty similar to K1). An attorney
may do it as well (instead of the congressman)

But I'm not canadian. Being canadian, you may have a good shot entering
as a visitor, even if I wouldn't try that.

Btw, your advance parole is useless until the congressman (or somebody
else) reactivates your I-485.

Good luck

Homestead246

Thanks for the info.

Our congresman says he is hands off when it comes to immigration
matters and he has been useless in the past.

Our main concern is the fact that we are an established family and I
had immigrated lock, stock and barrel as a finace and nowhere to go if
deportation occurs besides having our family broken.

Olivier Wagner

I still recommend a K3. So far the only reason that allowed you to be here
legally was the AOS; AOS declined => out of status.

With an underlying K3 status, you'll be able to stay, regardless of how
screwed up your case may be. By the way, when you'll come back with the K3,
if you file another I-485, you'll be able to use the K3 instead of applying
for an advance parole.

Now, for the coming 3 months (the time it takes for the K3 to be processed),
you need to either remain legally ( filing an I-485, or leaving and coming
back as a visitor ) or remain abroad.

In any case, remaining illegaly in the country for a few days is ok
Being in removal procedings is NOT ok
Remaining illegally in the country for more than 6 months is NOT ok

To answer your initial questions:
How do we go about making a motion to reopen / reconsider our application?
I have no idea, contact an attorney

I have a valid parole document - do I need that anymore to reenter the US
if we go to Canada to visit?
You cannot use it until your initial I-485 is reactivated

Am I allowed to reenter as a visitor now?
You can always try. The tricky part is that you have to convince the officer
that you don't plan to remain in the US. If you were of any other nationaly,
I would say forget about it, but as you're canadian, they may not be too
picky. Also, do not apply for adjustment on status on that trip. I would
only use it as a temporary alternative while waiting for the K3 to be
processed.

Should we start all over again with a new I485 application?
That's another alternative. That can allow you to remain legally in the US
while processing. To be on the safe side, you may want to have an underlying
K3 status as described above.

How long do I have to take action?
Act fast. They may put you into removal procedings at any time. If you are
lucky and they forgot about you, you may remain illegally for up to 6 months
without serious consequences.

Good luck

By the way, I'm not an attorney, the above is not legal advice

"homestead246" <[email protected]> wrote in message
news:[email protected] oups.com...
    > Thanks for the info.
    > Our congresman says he is hands off when it comes to immigration
    > matters and he has been useless in the past.
    > Our main concern is the fact that we are an established family and I
    > had immigrated lock, stock and barrel as a finace and nowhere to go if
    > deportation occurs besides having our family broken.

Virtus2021

I have had something similar happen to me. A document I had send got
mixed up somewhere and I was notified that the application had been
denied because of a missing document. We went to an immigration
attorney who told us, we could either file a motion to reopen and
resubmit the document in question or start the paperwork all over
again. Depending on where you are the motion to reopen could take up to
a year. For example we filed a motion to reopen in September 2005 and
recieved notice of an appointment for June 2006. This is for New York.
I think it would be a good idea if you set up an ipass appointment and
could find out from your local office how long it would take. if you
dont want to wait that long, then you probably have to re-file. I
think at this stage of the game, you should hire an attorney. Thats
what we did, just want to make sure that there are no mishaps this time.

amanda772006

virtus2021 wrote:
    > I have had something similar happen to me. A document I had send got
    > mixed up somewhere and I was notified that the application had been
    > denied because of a missing document. We went to an immigration
    > attorney who told us, we could either file a motion to reopen and
    > resubmit the document in question or start the paperwork all over
    > again. Depending on where you are the motion to reopen could take up to
    > a year. For example we filed a motion to reopen in September 2005 and
    > recieved notice of an appointment for June 2006. This is for New York.
    > I think it would be a good idea if you set up an ipass appointment and
    > could find out from your local office how long it would take. if you
    > dont want to wait that long, then you probably have to re-file. I
    > think at this stage of the game, you should hire an attorney. Thats
    > what we did, just want to make sure that there are no mishaps this time.

Yes, hire an immigration attorney but choose a good one.