Q: Do I need to explain on my new AOS application that I had an I-485 petition previously denied?
My husband (US Citizen) and I have been married for 4 years and currently reside in the US. When I married him, he was a permanent resident back then. At first, we tried to seek legal advice to check if I could adjust my status within the US with an overstayed visa; and the attorney told us I could. The firm proceeded to send my I-485 application along with my I-130 approval to USCIS but 3 months later we received the denial notice explaining that I wasn’t elegible. My husband recently became a citizen through naturalization. Now that my husband is a citizen, I want to refile my I-485 petition using my approved I-130. My question is, Do I need to explain on my new AOS application (on the additional information pg) that I had an I-485 petition previously denied?
A: Yes you should fully explain on the attached sheet of paper the circumstances that resulted in the denial.
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A:
Yes, you should explain the previous denial on your new Adjustment of Status (AOS) application. It's important to provide complete and honest information on your application, including any previous petitions that were denied. This helps to avoid any issues or delays in processing.
When you fill out the additional information section, briefly explain that your earlier I-485 was denied because your spouse was a permanent resident at the time, and you were not eligible due to your visa overstay. Now that your spouse is a U.S. citizen, your circumstances have changed, and you are refiling.
Being transparent about your previous application shows good faith and ensures that USCIS has all the relevant information to make a fair decision on your new application.
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