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  • I-130 Validity

    My wife filed I-130 and I-485 to sponsor me to return to US. During the visa interview at the embassy, I was told to file I-601. Unfortunately, the i-601 application was denied about 8 months later .

    Now we want to refile the I-485 again and submit new supporting documents to try to get I-601 application approved. We think we have new evidences to support our claim of extreme hardship to my wife.

    My question is, does my wife have to refile I-130 again? How long is an approved I-130 application valid?

    Thanks

  • #2
    My wife filed I-130 and I-485 to sponsor me to return to US. During the visa interview at the embassy, I was told to file I-601. Unfortunately, the i-601 application was denied about 8 months later .

    Now we want to refile the I-485 again and submit new supporting documents to try to get I-601 application approved. We think we have new evidences to support our claim of extreme hardship to my wife.

    My question is, does my wife have to refile I-130 again? How long is an approved I-130 application valid?

    Thanks

    Comment


    • #3
      <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by kmanm:
      Unfortunately, the i-601 application was denied about 8 months later ." </div></BLOCKQUOTE>When was that?

      I-485 is to adjust status for those who are ALREADY in the USA. It is not needed for people like you who are applying for an immigrant visa.

      Comment


      • #4
        Actually, that's not quite correct Sammy. My husband filed the I-130 for myself and my sons 10 years ago when we first got married. After a few months of not hearing anything, he moved to New Zealand instead. It was approved and sent on to the consulate, but we didn't do anything with it as we were settled in NZ. Two years ago when JC moved back to the US, we had to re-file. During the NVC stage, the kids petition's advanced faster than mine (I was stuck in a name check or something), and rather than sending in the required paperwork, we decided to wait. After a while, we got warning letters that their petitions would expire if we didn't respond, giving a total time on it of three months.
        **************************************
        The whole of life is but a moment of time. It is our duty, therefore to use it, not to misuse it - Plutarch

        Comment


        • #5
          Maybe the OP meant the I-864 affidavit of support?

          As Aneri stated, doesn't one have to be in the US if filing I-485? You used to be able to file I-485 at same time as I-601 to avoid extra fees, but that too you have to be in the US already?
          -----------------------------------------------------------------------------------------------
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          Comment


          • #6
            Thanks for your reply. I do want to make it a bit clear:

            The I-130 was filed in late 2005. Nothing has changed between my wife and I since the I-130 was approved in 2006. We are still married. The only thing that happened since the i-130 was approved are the I-212 and I-601 was denied and I moved to Canada to be a bit close to my wife.

            My understanding is that I can't file i-601 and I-212 without first filing I-485. Is this correct?

            Should I go head and file the i-485 and submit it along with the old i-130 approval letter?

            Comment


            • #7
              My Mistake - I don't need to file I-485. I-485 is for adjusting status while in US.


              I still need to know how to go about restarting the process without filing a new i-130 but using previous approved i-130.

              Comment


              • #8
                <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by kmanm:
                The I-130 was filed in late 2005. Nothing has changed between my wife and I since the I-130 was approved in 2006. We are still married. The only thing that happened since the i-130 was approved are the I-212 and I-601 was denied and I moved to Canada to be a bit close to my wife. </div></BLOCKQUOTE> so you moved from X country to Canada? Was that X country one of those where it is hard to get waivers approved or no?
                What were the resons for waiver denial? (you don't need to list them) Has that significantly changed (more than "we think we have new evidence")? Did you use the lawyer the first time? Do you plan to use one the second time?
                You need to take all this into the consideration to see what to do next. Sometimes it is how the evidence is presented as much as what the hardship is... Having a good lawyer helps

                <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by kmanm:
                My understanding is that I can't file i-601 and I-212 without first filing I-485. Is this correct?? </div></BLOCKQUOTE> NO, you can only file I-485 if you are in the USA and want to adjust status. My understanding is that you are NOT in the USA and you are applying for an immigrant visa.
                <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by kmanm:
                Should I go head and file the i-485 and submit it along with the old i-130 approval letter? </div></BLOCKQUOTE>No, if you are not in the USA I-485 is irrelevant.

                Comment


                • #9
                  I doubt I-130 is still alive...

                  Comment


                  • #10
                    The main reason of the waiver denial is that we failed to establish extreme hardship on my USC wife and mom. The officer who reviewed the documents did agree that my separation to my wife and family is difficult but didn't think it was an extreme hardship.

                    We did have an attorney but we felt the attorney didn't do adequate job explaining and presenting all our supporting documents in a manner which it could have convince the officer that the situation we are in an extreme hardship to my wife and my mom.

                    Since the application was denied in 2007, our situation has deteriorated further.

                    Anyway, we don't have attorney at this moment but are planning to get one for the i-601 and i-212 filing.

                    Comment


                    • #11
                      You were previously deported to what country and for what reason?


                      How did you come to immigrate to Canada, or are you there as tourist?

                      Comment


                      • #12
                        <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by 4now:
                        You were previously deported to what country and for what reason?

                        Overstay after deportation order.

                        How did you come to immigrate to Canada, or are you there as tourist? </div></BLOCKQUOTE>

                        I am PR in Canada.

                        Comment


                        • #13
                          <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by kmanm:
                          [QUOTE]Originally posted by 4now:
                          You were previously deported to what country and for what reason?

                          Overstay after deportation order.

                          How did you come to immigrate to Canada, or are you there as tourist? </div></BLOCKQUOTE>

                          I am PR in Canada.[/QUOTE

                          Thanks Kumman


                          You were originally deported for overstay, and then you did not leave the country after you were ordered deported. Not good.

                          How much of the ban do you have left?


                          In anyway, there are many example letters for the hardship waiver on immigrate2us.net


                          I encourage you to get a lawyer this time that has good imagination and experience in hardship waiver and overcoming deportation.


                          Use the "find" feature under tools on this site and read about what is considered hardship to spouse or parent. There is a plethora of information on this site in numerous threads and the other site mentioned above.



                          Good luck to you and if you need anymore information let us know.

                          Comment


                          • #14
                            I was deported in march 2006. I have almost 7 years to go

                            Comment



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