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Notice of Intent To Deny For I-485 and I-765

Notice of Intent To Deny For I-485 and I-765

Old Sep 6th 2002, 6:35 am
  #1  
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Default Notice of Intent To Deny For I-485 and I-765

My wife is on K3. Once she entered the U.S a few months ago,
we applied for I-765 (Application for employment) and I-485 (Application for adjust status). A few months later, we received "Notice of Intent To Deny" from INS for both that we filed. The reason (I-485) is as follows;

Adjustment of status may be approved for an applicant only if the applicant can prove that on or before Oct 1, 2000,
he or she filed a written claim with the Attorney General for class membership in the Catholic Social Services, Inc. (CSS), League of United American Citizens(LULAC), or Zambrano legalization class action lawsuits.

Can anyone explain what the problem is? What does INS mean? With K-3 visa, is she eligible for applying I-485 or I-765. Is it too early to apply?
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Old Sep 6th 2002, 10:33 am
  #2  
Mona Lisa
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Default Re: Notice of Intent To Deny For I-485 and I-765

In article <[email protected]>, Sing
<[email protected]> wrote:

    > My wife is on K3. Once she entered the U.S a few months ago, we applied for I-765
    > (Application for employment) and I-485 (Application for adjust status). A few
    > months later, we received "Notice of Intent To Deny" from INS for both that we
    > filed. The reason (I-485) is as follows;
    > Adjustment of status may be approved for an applicant only if the applicant can
    > prove that on or before Oct 1, 2000, he or she filed a written claim with the
    > Attorney General for class membership in the Catholic Social Services, Inc. (CSS),
    > League of United American Citizens(LULAC), or Zambrano legalization class action
    > lawsuits.
    > Can anyone explain what the problem is? What does INS mean? With K-3 visa, is she
    > eligible for applying I-485 or I-765. Is it too early to apply?
If she has an approved I-130, then she is eligible to apply for adjustment of status.
If she does not have an approved I-130, then she is not eligible.

You obviously filed an I-130 prior to filing the K-3, what is the status of the
I-130 petition?

(I don't know what this other garbage is about CSS, LULAC, and Zambrano)
--
Mona
 
Old Sep 6th 2002, 1:55 pm
  #3  
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Default Re: Notice of Intent To Deny For I-485 and I-765

She received a NOA (I-797) informing that the petition (I-130) has been approved and INS has sent a visa petition to NVC in New Hamshire. This notice was sent to us on 06/2002.

She sent out the I-485 (Adjust status) and I-765 (Application for Employment) around 04/2002 and received Notice of Intent To Deny for I-485 and I-765 on 09/05/2002 with above reason.

What should she do? The plan is to explain current status (with documents) to INS. Any document should she present?
Any comment?
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Old Sep 6th 2002, 2:36 pm
  #4  
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Default Re: Notice of Intent To Deny For I-485 and I-765

Originally posted by Sing:
She received a NOA (I-797) informing that the petition (I-130) has been approved and INS has sent a visa petition to NVC in New Hamshire. This notice was sent to us on 06/2002.

She sent out the I-485 (Adjust status) and I-765 (Application for Employment) around 04/2002 and received Notice of Intent To Deny for I-485 and I-765 on 09/05/2002 with above reason.

What should she do? The plan is to explain current status (with documents) to INS. Any document should she present?
Any comment?
IMHO you should contact a good immigration attorney ASAP to sort this problem out. It might be as simple as your wife having marked the incorrect filing box when completing the application.

If you choose to do it yourself, bring every piece of documentation you have submitted to INS i.e. birth certificate, marriage certificate as well as all the I-797's you have received in relation to the I-130 and the K-3. Also bring her passport.

Rete
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Old Sep 6th 2002, 3:42 pm
  #5  
Mrtravel
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Default Re: Notice of Intent To Deny For I-485 and I-765

Sing wrote:
    > She received a NOA (I-797) informing that the petition (I-130) has been approved
    > and INS has sent a visa petition to NVC in New Hamshire. This notice was sent to us
    > on 06/2002.
    > She sent out the I-485 (Adjust status) and I-765 (Application for Employment)
    > around 04/2002 and received Notice of Intent To Deny for I-485 and I-765 on
    > 09/05/2002 with above reason.
    > What should she do? The plan is to explain current status (with documents) to INS.
    > Any document should she present? Any comment?

Why was the I-485 filed before the I-130 was approved? Don't you have to wait for the
I-130 since it was filed separately?
 
Old Sep 6th 2002, 4:29 pm
  #6  
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Default Re: Notice of Intent To Deny For I-485 and I-765

Originally posted by Mrtravel:
Why was the I-485 filed before the I-130 was approved? Don't you have to wait for the
I-130 since it was filed separately?
You can file for the I-485 before approval of the I-130, you just include NOA1 for the I-130 with your I-485 app. Obviously, processing for the I-485 will not start until the I-130 is approved, but this saves the service center from forwarding the approved app to NVC or the consulate.

omer
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Old Sep 6th 2002, 4:56 pm
  #7  
Shannon
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Default Re: Notice of Intent To Deny For I-485 and I-765

Originally posted by Sing:
My wife is on K3. Once she entered the U.S a few months ago,
we applied for I-765 (Application for employment) and I-485 (Application for adjust status). A few months later, we received "Notice of Intent To Deny" from INS for both that we filed. The reason (I-485) is as follows;

Adjustment of status may be approved for an applicant only if the applicant can prove that on or before Oct 1, 2000,
he or she filed a written claim with the Attorney General for class membership in the Catholic Social Services, Inc. (CSS), League of United American Citizens(LULAC), or Zambrano legalization class action lawsuits.

Can anyone explain what the problem is? What does INS mean? With K-3 visa, is she eligible for applying I-485 or I-765. Is it too early to apply?
The cases listed in the INS notice are those that entitled some uninspected "illegal" aliens to adjust to residency under the LiFE ACT.

See link:
http://www.ins.usdoj.gov/graphics/pu.../lifq50301.htm

It seems there has been some muddle in your wifes application. If she filled in a usual K3 I can't see how she is being mistaken for an illegal alien. It is almost as if the INS did not correlate your I-485 application with any of the other visas.

Is it possible that your wife ticked the wrong box on the I-485? Instead of ticking "adjusting on basis of marriage" might she have ticked something else, and not supported it with evidence of K3 etc?

Shannon
 
Old Sep 6th 2002, 7:21 pm
  #8  
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Default Re: Notice of Intent To Deny For I-485 and I-765

Originally posted by Sing:
My wife is on K3. Once she entered the U.S a few months ago,
we applied for I-765 (Application for employment) and I-485 (Application for adjust status). A few months later, we received "Notice of Intent To Deny" from INS for both that we filed. The reason (I-485) is as follows;

Adjustment of status may be approved for an applicant only if the applicant can prove that on or before Oct 1, 2000,
he or she filed a written claim with the Attorney General for class membership in the Catholic Social Services, Inc. (CSS), League of United American Citizens(LULAC), or Zambrano legalization class action lawsuits.

Can anyone explain what the problem is? What does INS mean? With K-3 visa, is she eligible for applying I-485 or I-765. Is it too early to apply?
Buddy:

CSS and LULAC is amnesty for illegals who were here before as certain date--it has absolutely nothing to do with a visa based on "marriage to a US citizen." The INS sent you the wrong notice. GO PERSONALLY (even your attorney can't help you here) to your INS office and follow up on this. Take copies of your K-3 filing and I-130.

MD
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Old Sep 6th 2002, 8:14 pm
  #9  
Mani
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Default Re: Notice of Intent To Deny For I-485 and I-765

Sing <[email protected]> wrote in message
news:<[email protected]>...
    > She received a NOA (I-797) informing that the petition (I-130) has been approved
    > and INS has sent a visa petition to NVC in New Hamshire. This notice was sent to us
    > on 06/2002.
    > She sent out the I-485 (Adjust status) and I-765 (Application for Employment)
    > around 04/2002 and received Notice of Intent To Deny for I-485 and I-765 on
    > 09/05/2002 with above reason.
    > What should she do? The plan is to explain current status (with documents) to INS.
    > Any document should she present? Any comment?

Is she in the United States yet, after getting the visa stamped from an American
Consulate or Embassy?

It seems like that visa is not stamped yet and you applied for the I-485 and
I-765. Correct?

I believe you have to wait until she arrives in the United States on K3 visa then you
should apply for I-485 and I-765. It seems like INS is going to deny your request any
way and you would have to re-apply meaning that you would have to pay the fees again.

I would suggest to contact INS district office and ask them for a way to hold the
application until she arrives and then start processing. A Immigration Attorney would
be your best bet to get true answers.

I hope this hepls. Thank you
 
Old Sep 6th 2002, 8:36 pm
  #10  
Dan
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Default Re: Notice of Intent To Deny For I-485 and I-765

Sing <[email protected]> wrote in message
news:<[email protected]>...
    > She received a NOA (I-797) informing that the petition (I-130) has been approved
    > and INS has sent a visa petition to NVC in New Hamshire. This notice was sent to us
    > on 06/2002.
    > She sent out the I-485 (Adjust status) and I-765 (Application for Employment)
    > around 04/2002 and received Notice of Intent To Deny for I-485 and I-765 on
    > 09/05/2002 with above reason.
    > What should she do? The plan is to explain current status (with documents) to INS.
    > Any document should she present? Any comment?

If you fall under the jurisdiction of the Boston office, the EAD and EOS should be
filed in person in Boston. If they intend to deny the EOS, at least you will have a
real person to ask why...

Dan
 
Old Sep 6th 2002, 8:41 pm
  #11  
Chris Parker
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Default Re: Notice of Intent To Deny For I-485 and I-765

    > She received a NOA (I-797) informing that the petition (I-130) has been approved
    > and INS has sent a visa petition to NVC in New Hamshire. This notice was sent to us
    > on 06/2002.
    > She sent out the I-485 (Adjust status) and I-765 (Application for Employment)
    > around 04/2002 and received Notice of Intent To Deny for I-485 and I-765 on
    > 09/05/2002 with above reason.
    > What should she do? The plan is to explain current status (with documents) to INS.
    > Any document should she present? Any comment?

Your case has been misinterpreted. You need to request that the NVC transfer the
I-130 to the INS local office that is processing your case in the U.S.

This class action nonsense is just that-nonsense. I'd send them a copy of your K3
visa and I-94 (front and back), a copy of the I-129F approval notice, a copt of the
I-130 approval notice, and a copy of your filing receipt. Request an adjustment
interview date be scheduled.


CP
 
Old Sep 7th 2002, 1:16 am
  #12  
Mona Lisa
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Posts: n/a
Default Re: Notice of Intent To Deny For I-485 and I-765

In article <[email protected]>, Sing
<[email protected]> wrote:

    > She received a NOA (I-797) informing that the petition (I-130) has been approved
    > and INS has sent a visa petition to NVC in New Hamshire. This notice was sent to us
    > on 06/2002.
    > She sent out the I-485 (Adjust status) and I-765 (Application for Employment)
    > around 04/2002 and received Notice of Intent To Deny for I-485 and I-765 on
    > 09/05/2002 with above reason.
    > What should she do? The plan is to explain current status (with documents) to INS.
    > Any document should she present? Any comment?
Gather up everything: the crazy letter INS sent you, I-130 approval notice, K-3 visa,
I-485 adjustment of status, all spporting forms and documents, and trot yourself down
to the local INS office and get this straightened out with the desk officer. I do not
think that you need an immigration attorney, I think they goofed and you merely need
to show them what they did, and they can get this thing straightened out.
--
Mona
 
Old Sep 7th 2002, 5:38 am
  #13  
Harvey Leems
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Posts: n/a
Default Re: Notice of Intent To Deny For I-485 and I-765

It sounds like she checked the wrong box. She should have checked box A and attached
a copy of the I-130 NOA. Is that what she did?

--
Harvey Leems "Sing" <[email protected]> wrote in message news:[email protected]...
    > My wife is on K3. Once she entered the U.S a few months ago, we applied for I-765
    > (Application for employment) and I-485 (Application for adjust status). A few
    > months later, we received "Notice of Intent To Deny" from INS for both that we
    > filed. The reason (I-485) is as follows;
    > Adjustment of status may be approved for an applicant only if the applicant can
    > prove that on or before Oct 1, 2000, he or she filed a written claim with the
    > Attorney General for class membership in the Catholic Social Services, Inc. (CSS),
    > League of United American Citizens(LULAC), or Zambrano legalization class action
    > lawsuits.
    > Can anyone explain what the problem is? What does INS mean? With K-3 visa, is she
    > eligible for applying I-485 or I-765. Is it too early to apply?
    > --
    > Posted via http://britishexpats.com
 

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