My i130 was denied, we sent an appeal. the appeal was also denied. what should we do now?

Yes, the I-485 is automatically denied when the I-130 petition is denied. The USCIS may place a foreigner in Immigration Court with a charging document called a "notice to appear." The decision to issue a notice to appear is not automatic.

You will both need to file a new form I-130, where you both are living together as husband and wife. It is wise to seek an appointment or teleconference with an experienced immigration attorney before you both file. The costs are expensive. If you had hired an immigration attorney at the beginning, then it is unclear whether the attorney would have recommended against filing the I-485 and I-130 one stop.

There may be other reasons why the petition was denied. It is the applicants' burden to prove that you entered the marriage based upon a bona fide relationship as defined by law. The failure to satisfy and document the relationship to the satisfaction of a USCIS adjudicator can create additional challenges.

By law, a foreigner must update his address by filing a form AR-11 within 30 days. This address change can be done at the USCIS website. Otherwise, the Immigration Court notice can be sent to an old address and the foreigner can be deported due to his absence at the scheduled immigration court date, if any.

The above is general information and does not create an attorney-client relationship.

Going on through an appeal process without an attorney is very difficult and leads to lots of problems that can be avoided. Click online to begin to educate yourself at www.fla.gov

You have to sit down with an attorney licensed in Florida and go over things. Many factors will come into play about whether you have any appealable issue. The entire record must be reviewed and all facts considered to determine what should and what should not be in the record and what the omissions of materials in the record means.

Get a lawyer right away because appeal deadlines are strict.

Good luck to you.

God bless.

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