Tweet
we had interview nov.15th 07.basicaly it went well.officer approved i-130 and said ihave bad news i-485 abandoned.he suggest withdraw otherwise i t will be denied in a week anyway.its abandoned bacause i took my wife to my country meet family and i used my valid j-1 visa ididnt know i shoulndnt use and it happened, officer said its you guys didnt know and he said re-file,i believe your marriage and approved i-130.but i forget to ask him iwas upset.my valid visa expired and my staus was pending i-485 now its withdrawed.but i-130 approved what is my status ,am i eligible to re-file .PLEASE HELP WITH THE IDEAS thanks
-
-
we had interview nov.15th 07.basicaly it went well.officer approved i-130 and said ihave bad news i-485 abandoned.he suggest withdraw otherwise i t will be denied in a week anyway.its abandoned bacause i took my wife to my country meet family and i used my valid j-1 visa ididnt know i shoulndnt use and it happened, officer said its you guys didnt know and he said re-file,i believe your marriage and approved i-130.but i forget to ask him iwas upset.my valid visa expired and my staus was pending i-485 now its withdrawed.but i-130 approved what is my status ,am i eligible to re-file .PLEASE HELP WITH THE IDEAS thanks -
<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by moonlight24:
we had interview nov.15th 07.basicaly it went well.officer approved i-130 and said ihave bad news i-485 abandoned.he suggest withdraw otherwise i t will be denied in a week anyway.its abandoned bacause i took my wife to my country meet family and i used my valid j-1 visa ididnt know i shoulndnt use and it happened, officer said its you guys didnt know and he said re-file,i believe your marriage and approved i-130.but i forget to ask him iwas upset.my valid visa expired and my staus was pending i-485 now its withdrawed.but i-130 approved what is my status ,am i eligible to re-file .PLEASE HELP WITH THE IDEAS thanks </div></BLOCKQUOTE>
You can either withdraw the petition and then refile or you can appeal the decision. However, I would withdraw and reapply. The appeal would be very risky. But is is not a big deal to withdraw and reapply, excpet for the increased fees, of course.
Basically and unless you are a H, L, K3.4 or V2-3 visa holder, you are considered abandoning your petition. The appeal may be for reasonable cause, but meeting the family is generally not one of them."Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston MassacreComment
-
thank you for reply hudson problem was after applied i-485 ,status changed so i shouldnt use my j-1 visa anymore if iwant to go out of country i supposed to file i-131 but i didnt know.anyway and im j-1 visa holder and expiredComment
-
and officer said i approved i-130 but you need re-file i-485 because of abandoned.Comment
-
Is your wife US citizen?Comment
-
yes my wife US citizenComment
-
<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by moonlight24:
...my valid visa expired and my staus was pending i-485 now its withdrawed.but i-130 approved what is my status ,am i eligible to re-file .PLEASE HELP WITH THE IDEAS thanks </div></BLOCKQUOTE>
Most likely you are indeed "out of status" (depending when you made a trip and what a new I-94 said). However, you entered through POE and are married to USC - which should be enough to be able to adjust status by filing a new I-485. (for a piece of mind, you may want to consult a lawyer). Once you file I-485 your stay will be "authorised".
I assume your J visa expired after you returned from a trip.
In some cases, a person files for AOS but may keep current status (student, H-visa holders) and that does not effect AOS.
How did IO find out about the trip?Comment
-
he was asking questions ,how do u met and like that.and we tld him we went to country to meet family ,he asked date and he checked aplication was before trip.i have i94,there is a date on.my wife s passport has a my countrys visa too.but like isaid officer helped alot.he said this is rule there is nothing we can do.but he believed marriage and approved i-130.yes visa expired after trip ,it was really stupid mistake but we didnt know,we didnt have lawyer ,so i will re-file but we waiting for approvel notice i-130Comment
Comment