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I-130 has been cancelled under K-3.. we don't know our status right now..

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  • I-130 has been cancelled under K-3.. we don't know our status right now..

    helo, we are here in the US under K-3 and my son K-4, my husband is very sick then he withdraw the petition of I-130 and we don't what to do now.. can we file now the I-485 for the ajustment of our status because we can't anymore find him.. we are not sure if he's dead already.. can we file even he's not with us??? reply plzzz

  • #2
    helo, we are here in the US under K-3 and my son K-4, my husband is very sick then he withdraw the petition of I-130 and we don't what to do now.. can we file now the I-485 for the ajustment of our status because we can't anymore find him.. we are not sure if he's dead already.. can we file even he's not with us??? reply plzzz

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    • #3
      Once the 130 is withdrawn, you cannot file 485 anymore.
      Its a discussion, not a legal advise..

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      • #4
        ah.. thanks.. but if he died (Petitioner) can we continue the petition? and look for an atty.? as of now we file a working authorization and we finish our picture taking and finger printing.. what do you think is that can approve?? thank you

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        • #5
          if he dies, you can adjust your status only if you have been married to USC for more than two years

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          • #6
            not true - I am not sure what happens if he withdrew the petition, but you can request a waiver of the marriage requirement if you entered the marriage in good faith.

            Your first step is to find out where he is and if he is dead or alive.

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            • #7
              Suz,

              If there is no more I-130 you cannot request a good faith marriage waiver. The I-130 has been withdrawn and there is no basis for an AOS filing anymore.

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              • #8
                tenks.. can u help me how can I know if a USC is already past away?? by checking the SSN? going to county hall of records?? plss can u help me.. because we don't know haw to survive here on US..

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                • #9
                  iyay,

                  One thing that I would suggest for you to do is look in the phone book for "Catholic Charities". In many cities they have immigration assistance. Even if they don't have an established immigration assistance program I feel sure that someone there would help you in efforts to find out about your husband, etc.

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                  • #10
                    Are you stating that you have no idea where your husband is? How can you be married if you don't even know where he is. However, all bias aside, start by looking in the cites where you last knew him to be. Also is there anyway to contact his family? They may be able to help, also old addresses, former places of employment, etc. Also, why do you think he might be dead already?

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                    • #11
                      ok.. as of now the address that we know is in chico, CA her ex wife's house.. we are calling them but the fone is disconnected, the family and my husband is not in good matters sa that I think my husband has no choice than to go back to her ex and the ex told him to cancelled our petition before we go here but we now here! and filed a working permit? he's truly sick because of kidney infection! can i call his lawyer?

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                      • #12
                        my application case was reopened by BCIS motion.. what do you think? its was withdrawn or reopnen means to continue process.. reply..

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                        • #13
                          okay, how was or why was your case reopened by BCIS? Are you saying that your husband is staying with his ex-wife, and she is the one that told him to cancel your petition? You need to find out for sure if the i-130 has been cancelled, once you know that, then you can go further. If your husband has an attorney, then yes contact him if at all possible. Also, if at all possible, you need to get yourself and attorney and see if there is anything you can do, bnut please respond to the original question of why your case was reopened.

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