I-130 denied Immigration?

Question

Hello,

i am going through an immigration struggle, i am a canadian citizen and my step-father is sponsering me.

My i-130 was approved back in April of 2007, however my I-485 was not due to my status not being cleared when i moved back to canada from my mom's previous divorce. My mom met someone else in 2000, got married in 2003 and their still married. My step-father and my mom filed for a divorce in 2004, it never went through cause they were mad at eachother at the time and felt it was stupid to get a divorce because of it. My mom filed the I-130 in 2003 but then canceled it when crossing the border for her family one day and decided to live in Canada cause of family reasons, she would cross the border almost every weekend to see my step-father (he would do the same) and they also had a child together too for visiting rights. in 2005, my mom was banned from the U.S. cause they found OLD u.s. mail in her car and suspected her living here illegally and she never got a fair trial.

Answer 1

We are just giving you a hard time...the dollar is really bad in Canada now...we're jealous!!

Answer 2

The letter you recieved is a written explanation of why your I-130 was denied. It states that your step father was not wholly truthfull (omitted some items in the current situation). You could appeal the decision. In order to do so your step father and your mother would need to submit ALL documents concerning the filing for divorce (2x), and copies of the removal order of your Mother at the border.

From the way you write your question it is difficult to understand wether your mother and step father are still married, and/or if your mother is currently married to someone else. Also an I-485 is called adjustment of status. If you are adjusting status you cannot leave the country without explicit permission otherwise you have 'abandoned' your petition. So if you moved back to Canada while all this was going on your I-130 could have been denied on that count alone. Sounds to me like your parents odd relationship has put you in this mess. You are Canadian. Enjoy the benefits of Canada.

Answer 3

sorry but american law will not reconize this man anymore since he is not longer married to your mother

Answer 4

Here's some advice.... Contact your step-father and get all the documents pertaining to the two times he's filed for divorce from your mother.  Okay?

That's what this letter is telling you.  It says that nothing can/will be done until you submit this evidence.  It says that you've been given many chances to submit these documents, right up until April of this year, and haven't do it.

Because of the two times your step-father filed for divorce from your mother the USCIS isn't convinced there's a real marriage between them.  If the marriage isn't real then your step-child relationship isn't real either.

USCIS wants the documents.  Get them, submit them.