Victoria chan
Sep 13, 2025
A very straight forward marriage. I130 & I485 -DENIED -after 3 Years 7 months painful waiting
Case submitted : 22 Feb 22
Interviewed : 13 Aug 24
REF request : 23 June 25
( I693 & Divcorce cert only )
DENIAL : 11 Sept 25 .
Summary of Issues:
1. Advance Parole Misclassification – Repeated Error
• USCIS denied my I-485 application, claiming I departed the U.S. without valid travel authorization.
• This is incorrect. I held a valid I-512L Advance Parole document, approved through my I-485, valid until July 25, 2022.
• I reentered lawfully and submitted evidence of this.
• This same error occurred in my I-131 denial in 2022.
• My Congressman’s office intervened in October 2022, and USCIS acknowledged the mistake and issued a new Advance Parole.
• Despite this correction, USCIS repeated the same error in my I-485 and I-130 denials.
2. Misinterpretation of Divorce Certificate – Factual Error
• USCIS denied my I-130 petition, stating I failed to submit the original divorce judgment and only provided a translation.
• This is factually incorrect.
• The document I submitted is the original certified decree issued by the Hong Kong District Court.
• Hong Kong operates under British common law, and English is an official legal language.
• The application was filed in English, and the court issued the decree in English accordingly.
• The document bears the official red circular court stamp and the registrar’s signature, confirming its authenticity and legal finality.
• There is no Chinese version unless one is separately requested and paid for.
• USCIS misclassified the original as a translation, despite clear legal formatting and certification.
Dear all , anyone had my same terrible experience ? W can I do ?
1. If I go for I-290B for Motion to Reopen and Motion to Reconsidersk - I am not able to leave the country to deal with my emergency cases in Hong Kong which I planned to fly in 2 months .
who had the experience with similar situation and denial reasons and can give me yr timeline ?
2. I see many people just go ahead to re-apply the whole bunch of Green card application . my last experience was 3.5 years like this mess now , how can I trust it would be faster ?
but this mean, I can at least apply urgent I131 AP , and able to plan my urgent trip .
please share yr experience and advices !!! 🙏
IR-1/CR-1
U.S. citizen filing for a spouse
Total Days: 1297 days
Case
2022-02-22
2025-09-11
I-485
1297 Days
I-130
1297 Days
Texas Service Center: I-485, I-130
Timeline Map
2022-02-22
I-485
I-130
Submission to USCIS
2024-07-08
I-485
I-130
D+867
Interview
2024-08-13
I-130
I-485
Added
D+903
Interview done @ San Antonio field office - case being hold for further review .
2024-08-13
I-130
I-485
Added
D+903
Interview done @ San Antonio field office - case being hold for further review .
2025-09-11
I-485
I-130
D+1297
Decision (Approval or Denial)
This timeline was created with the Lawfully App. Download the Lawfully App now.
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p ZSep 13, 2025
I think uscis not happy and suspicious you with your mess up advance parole, it’s better to keep stay in the US till you get approval, but I saw you still have the urgent plan to leave the US, that’s can relate uscis thinking about your divorce at your country not real too.
Victoria chanSep 13, 2025
@p Z I did not mess up , USCIS messed up . if we did not have the AP , how can we able to re-entry and got the custom chop , marked Parole
p ZSep 13, 2025
I don’t have an idea, I just think it’s better to keep stay in the US till you get approval, if you reopen the case, Maybe you also need the lawyer to fix your case.
Ibe trust GodSep 13, 2025
sorry to hear that but i honestly think USCIS is doing everything they can to deny you.
victoria BSep 13, 2025
@Victoria chan in my opinion, the easiest and fastest thing you could do would be to file a motion to reopen and ask your attorney (if you have one) to write a letter to explain that it was the original divorce cert and not a translation. also attach the document again.
Victoria chanSep 13, 2025
first response : why me , after 3.5 years , u told me I was denied . the RFE to me were like last process to ask the 2 basic papers before their approval . Then when I got the letter and review the Denial reason , why ? why ? why ? why so ridiculous ? not even take a careful look for my paper or issue me another RFE giving me a chance to explain . Now I have to pay for their fault and re-suffer the long painful waiting again . really so shocked and painful !! 😰
Rikh NSep 14, 2025
my I-130 Filed February 17, 2022.
RFE responded June 5, 2024 still waiting no response, I am doing inquiry every 60 days but no changes
It's wellSep 15, 2025
@Victoria Chan, I do feel your pain honestly but it's what it is. My own case analysis has follows:
Filled petition in November, 2019
Did interview in October, 2020.
Everything went pretty well and officer said you got a decision in 3 months maximum and that turns to many years. I make enquiries every 60 days and nothing came.
An RFE was sent to me in March 2023 which I never recieved in the mail but was held at the Post office. I made another enquiry in April 2023 and thereafter was denied in same April 2023. I did Filled 290B in May 2023 and responded to their imaginations. They assumed that my previous marriage was not properly terminated and bla bla bla. The I 290B was delayed by uscis until February, 2025 before being sent to BIA and was eventually denied that it was not filled timely and I was advised to refilled in their judgment. I have to start all over again and refilled everything from the scratch then I hired an attorney.
In summary, kindly hire an attorney that is sound to handle your case asap and file a new forms don't waste your money and time filling for I290B, it may take years before being adjudicated. wishing you the very best
Kingsley BSep 15, 2025
@Victoria chan @It's well I agree that it would be best to do everything over. I understand the anger and frustration but this will not solve the problem. USCIS has the upper hand and there is nothing you can do about that. A request to reopen might be a waste of time. I would strongly advise that you not leave the country. You can apply for an emergency advanced parole. I did this when my father died. It is a one time pass. I hope everything works out for you.
spicy asianSep 15, 2025
Go get help from a professional such as immigration attorney
victoria BSep 15, 2025
@Kingsley B on what grounds would she request an emergency AP when her case was denied? you need a pending i485 to get AP
Kingsley BSep 16, 2025
@victoria B If she applied again all over then she could apply for an emergency AP. She stated that there are reasons she needs to leave the country and if these reasons reach the bar of an emergency then it will be grated. I went in person in Detroit and was given it on the spot. There can also be reasons to expidite the AP that might not be an emergency but would justify the expidite. I was denied an expidite when my mother was diagnosed with cancer two mo the after my father died so they are not easy to get. They wanted more info on her diagnosis.
Kingsley BSep 16, 2025
@Victoria chan My husband is a lawyer and we used an immigration lawyer for my case. @spicy asian has good advise. Your case will be complex now. I wish you the best.
Victoria chanSep 16, 2025
@It's well So sorry and frustrated to hear that , your case is even more horrible and unacceptable than mine. I hope your re-application go fast . All I could say , we are so unlucky , be the victims. I would definely think of re-file !
