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Case Stories
❌ EB-3 Derivative Denied - Missing Marriage History Documentation
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❌ **Case Status: Denied**
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A derivative beneficiary's I-485 was denied due to incomplete documentation — specifically, missing divorce decree and prior I-485 withdrawal paperwork from a previous marriage. The applicant's attorney failed to include these critical civil status documents. The applicant is now considering refiling rather than filing a motion to reopen.
A derivative applicant (spouse of an EB-3 employment-based green card holder) received an I-485 denial stemming from incomplete documentation of prior marriage history. The attorney of record did not include the divorce decree from a previous marriage or documentation showing the withdrawal of an earlier I-485 petition. The applicant is now evaluating whether to refile a new I-485 or pursue a motion to reopen, and is also asking whether they can upgrade to EB-2 category upon refiling without a new I-130.
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**[📎 View Original Post](https://www.reddit.com/r/USCIS/comments/1ry16d4/denied/)**
*Source: Reddit I-485 EB*
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*This post was automatically curated from online sources to share real case experiences with the community.*
Denials due to missing civil document history (divorce decrees, prior petition dispositions) are entirely avoidable but remain common in derivative cases. When refiling, all prior marriages must be documented with certified divorce decrees or death certificates — USCIS requires a complete civil history. On the EB-2 vs EB-3 question: as a derivative, you follow the principal applicant's category; you cannot independently choose EB-2 unless a new petition is filed under that classification for the principal. A motion to reopen (I-290B) may be preferable to refiling if the priority date has moved — it preserves the original filing date, whereas a new I-485 uses the current filing date. Consult a new immigration attorney before deciding, as the choice between reopening and refiling has significant priority date implications.