Help Needed I-485 Withdrawn...

[der]

This is for a friend of mine that has applied for his I-485 based on being married to a USC.
So he received his EAD and just renewed it and even did received notice for his Fingerprints and now the wife being mad @ him went ahead to BCIS and withdraw the Sponsoship and now my friend received a Notice with a court datefor an hearing.Even though they are still married they wnet back together to BCIS as the lady apologize and swear she never intended to do no harm by going to BCIS they told him that it is too late that he will have still to go his hearing and also he can reapply for I-485.I would like to know what can he do to get his situation taking care of.Any advice willbe helpful.Thanks in advance...

[der]

This is for a friend of mine that has applied for his I-485 based on being married to a USC.
So he received his EAD and just renewed it and even did received notice for his Fingerprints and now the wife being mad @ him went ahead to BCIS and withdraw the Sponsoship and now my friend received a Notice with a court datefor an hearing.Even though they are still married they wnet back together to BCIS as the lady apologize and swear she never intended to do no harm by going to BCIS they told him that it is too late that he will have still to go his hearing and also he can reapply for I-485.I would like to know what can he do to get his situation taking care of.Any advice willbe helpful.Thanks in advance...

[Glühbirne]

I'm just guessing here, but if they explain what happened to the Immigration Judge at the hearing, they might be able to get things straigtened out. They should also consider marriage counseling.......it isn't healthy for them to be playing those kinds of games.

[Aguila]

He could also divorce that freak wife, and file an I-360.

[der]

The problem with him reapplying for I-485 is that the wife has not worked or made enough income for her to sponsor him again unles sthey use the same paper and information he previously filed with as his stepmom co-sponsor him...Do you think he will be issued a Deportation letter when he go for the hearing if he has not file by then.remember they are still married just going thru some stuff...
Any advice??????????

[Glühbirne]

What's the I-360?

[Glühbirne]

Der, what exactly does the letter he got say?

[Aguila]

The I-360 is the petition that among its purposes includes the VAWA section of the INA.

Under this law an alien can file an I-360 if alien entered into the marriage into good faith but was subjected to battery/mental abuse. It seems to me that this a case of emotional/mental abusive wife to be playing with the immigration process in order to control her husband.

[Glühbirne]

Immature? Definately. Abuse? I'm not sure about that.....

[josephine schmo]

If der feels it's abuse, then it is.

[4now]

Der

This is unfortunate situation. You did not mention what made her so mad that she went to withdraw the petitions and sponsership. Was it physical abuse from the husband??? just curious b/c generally spouses do not withdrw apps unless there is some major problem, even if they decide later that this is not what they wanted.

The court date hearing is most likely for removal proceedings... is that correct? His status has been terminiated, Actually his status was not even conditional yet. and yes they will have to re-apply all over again and pay the fees just like it was the first time. Hopefully this will be in place before he goes before the IJ or he very well may be ordered to be removed without an approved I-130. By all means use the same sponsership info as the first time. Hopefully by the time the interview comes the wife will be employed again at the same status as previously submitted. the least she could do.

Sounds like marriage couseling and some growing up is in order for understanding that actions have consequences and accountability.

[der]

Thnaks to evryone for the prompt replies..i think it only will take some growing up and really decide if this woman is the right person for you.as we all think marrying these USC will get you a GC sometimes there is some stories you hear that make you want to think about twice as nowadays the process takes so long that you are not allowed any mistakes by no parties.Hopefully things will work for him.But do you guys know if there is anyway a Wife USC can do to make these people @ the BCIS speed up the interwiew process?Does she have to go there in person and request to take to a higher person as the processing time is ridiculous..let me know please .we are planning to go overseas but no GC i cannot leave and i do not wanna try to use the advance aprole..

[mohan]

WOW. Its really fun to read the threads here. anyone have problem with immigration and he posts his problem here ,people divert the problem in such a way that gets off the topic and make threads long with unnecessary suggestions and other garbage.
He wants to know if he can reinstate the withdrawn petition for a cryin' out loud! Not asking divorce and 360 etc. If you know the answer write it, other wise say you don't know....politely.

ANSWER: Are You sure I485 was withdrawn not the I130? IF only 485 is withdrawn then you only have to file 485 again and yes it cannot be reinstated, because only petitioner can withdraw the AOS and it can only be done in writing. Yes you can refile it.you only have to wait for 485 time period. if 130 is withdrawn then 485 is no more valid in that case petitioner has to do the whole process again. back in line and wait for 130 processing time first and then AOS interview time .
For Co -sponser part 864 should be filed with latest returns, Old returns are partly valid because BCIS always ask the Latest return at AOS interview. even you filed with co sponsor you need latest tax return ( from Co sponsor)for interview.

[der]

In fact the I485 was withdrawn as he file his papers because he was married to a USC.So Mohan are you saying he can refile the same I485 as they are still married and get approved again and show proff @ the hearing date.
Thanks in advance..

[mohan]

YES. he has to file again the same. but with new Tax returns and New 864s and notorized and other evidences, two G325s, copy of approved I130 etc etc.