Announcement

Collapse
No announcement yet.

Will the I-485 be denied in this situation?

Collapse
X
  •  
  • Filter
  • Time
  • Show
Clear All
new posts

  • Will the I-485 be denied in this situation?

    Here's my situation. Do you think there will be any problems when we go for the AOS interview?

    1) I am a US citizen. Wife is Canadian citizen, met her in Jan 06. She was in US legally on L-1 work visa.

    2) She left her job and turned in her visa in Feb 06. Has not worked since.

    3) We were married in Apr 06.

    4) Filed I-130 in July 06(without a lawyer), received approval notice in April 07.

    5) Now working with a lawyer on filing I-485 and other paperwork.

    6) "Problem" is that we went to Canada one/two times since filing I-130. Basically, quick weekend trips to visit friends/family. We didn't know the "rules" at that time that she shouldn't leave US without advanced parole being filed.

    The lawyer is undecided if we should file the I-485 outside the US. Says there are pro's and con's to filing in US/outside of US.

    Should we expect problems when we go for the AOS interview if we file in the US? Or should we file outside the US?

    Thanks.

  • #2
    Here's my situation. Do you think there will be any problems when we go for the AOS interview?

    1) I am a US citizen. Wife is Canadian citizen, met her in Jan 06. She was in US legally on L-1 work visa.

    2) She left her job and turned in her visa in Feb 06. Has not worked since.

    3) We were married in Apr 06.

    4) Filed I-130 in July 06(without a lawyer), received approval notice in April 07.

    5) Now working with a lawyer on filing I-485 and other paperwork.

    6) "Problem" is that we went to Canada one/two times since filing I-130. Basically, quick weekend trips to visit friends/family. We didn't know the "rules" at that time that she shouldn't leave US without advanced parole being filed.

    The lawyer is undecided if we should file the I-485 outside the US. Says there are pro's and con's to filing in US/outside of US.

    Should we expect problems when we go for the AOS interview if we file in the US? Or should we file outside the US?

    Thanks.

    Comment


    • #3
      she is changing her status on marriage?

      485 should be filed in the USA. The reason she cant leave the country without advance parole is that she probably wont be allowed in again whilst her visa is pending because of intent!!! So basically u have been lucky leaving and being able to return.

      Just explain at the interview that u were unaware of the restrictions. Have u left the country since her approval notice was approved? Was she checked at the border when she returned. As long as each entry was a legal entry i dont see a problem arrising because of it. Slapped wrist for stupidity. Why didnt u file the 130 and 485 concurrently??????

      Comment


      • #4
        I will post here just because ntfd3 did.


        Im pretty sure if you retained a good immigration attorney will do some legal research on an innocent and brief trips out of the united states, that will not affect the AOS, i read it a few yrs ago.

        Comment


        • #5
          <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by jqe:
          6) "Problem" is that we went to Canada one/two times since filing I-130. Basically, quick weekend trips to visit friends/family. We didn't know the "rules" at that time that she shouldn't leave US without advanced parole being filed.. </div></BLOCKQUOTE>

          Advance parole comes into play only after I-485 is filed. Leaving without AP would mean abandonment of I-485, and only with I-130 (pending or approved) she would never get AP anyway.

          The problem is, as I read your timeline, that she overstayed in the USA, so when she left the USA, she triggered a ban on return (3 or 10 years). Has your lawyer mentioned I-601 waiver?

          Comment


          • #6
            Answers to questions posted so far:

            she is changing her status on marriage?
            YES.

            Have u left the country since her approval notice was approved?
            NO.

            Why didnt u file the 130 and 485 concurrently?
            MY MISTAKE. IT'S WATER UNDER THE BRIDGE.

            Has your lawyer mentioned I-601 waiver?
            NO.

            Also, we're sort of in a Catch-22 situation. Supposedly, she can only stay 6 months as a visitor, but she can't leave the country either while the I-130 was pending, which took 9 months to be approved.

            Comment


            • #7
              <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by jqe:
              Has your lawyer mentioned I-601 waiver?
              NO.
              ... but she can't leave the country either while the I-130 was pending, which took 9 months to be approved. </div></BLOCKQUOTE>

              Find another lawyer...or ask this one about it

              Not true...I-130 has nothing to do with ones status (people do travel in and out while I-130 is pending..). I don't know who is telling you about I-130 but it is wrong and just confuses the situation. (as mentioned above, had you filed I-130 AND I-485 at the same time, she should have waited the approval in the US or get AP to travel BECAUSE of I-485 not 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 jqe:
                Here's my situation. Do you think there will be any problems when we go for the AOS interview?

                1) I am a US citizen. Wife is Canadian citizen, met her in Jan 06. She was in US legally on L-1 work visa.

                2) She left her job and turned in her visa in Feb 06. Has not worked since.

                3) We were married in Apr 06.

                4) Filed I-130 in July 06(without a lawyer), received approval notice in April 07.

                5) Now working with a lawyer on filing I-485 and other paperwork.

                6) "Problem" is that we went to Canada one/two times since filing I-130. Basically, quick weekend trips to visit friends/family. We didn't know the "rules" at that time that she shouldn't leave US without advanced parole being filed.

                The lawyer is undecided if we should file the I-485 outside the US. Says there are pro's and con's to filing in US/outside of US.

                Should we expect problems when we go for the AOS interview if we file in the US? Or should we file outside the US?

                Thanks. </div></BLOCKQUOTE>

                If she is in the USA now, and intends to remain in the US during the pendency of the I-485 adjudication, since you are a US citizen any out of status time will be forgiven, and any bar to admissibility is moot.
                The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

                Comment


                • #9
                  <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by sappyconifer:
                  If she is in the USA now, and intends to remain in the US during the pendency of the I-485 adjudication, since you are a US citizen any out of status time will be forgiven, and any bar to admissibility is moot. </div></BLOCKQUOTE>

                  correct... providing that the trips to Canada were while she was in some kind of status.

                  so, jqe.. what do you exactly mean by "turned her visa in Feb 06"? was that done in the USA or Canada?
                  What was your wife's status in the USA when you went to Canada the first time? And was the second trip within the 6 months of the first one?

                  Sappy, if she left the USA after an overstay (of 6 months or more) and therefore has a ban on return, my understanding is that she is inadmissable for AOS purpose even though she was able to return to the USA and is married to USC.

                  Comment


                  • #10
                    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by aneri:
                    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by sappyconifer:
                    If she is in the USA now, and intends to remain in the US during the pendency of the I-485 adjudication, since you are a US citizen any out of status time will be forgiven, and any bar to admissibility is moot. </div></BLOCKQUOTE>

                    correct... providing that the trips to Canada were while she was in some kind of status.

                    JQE REPLY: After we married in April 06, she went a couple of times for up to a week's stay be. After we filed the I-130, we went to Canada twice, for a 3-4 day weekend. The last trip was in August/September timeframe.

                    so, jqe.. what do you exactly mean by "turned her visa in Feb 06"? was that done in the USA or Canada?

                    JQE REPLY: She turned in her work visa on entry into the US.

                    What was your wife's status in the USA when you went to Canada the first time? And was the second trip within the 6 months of the first one?

                    JQE REPLY: When WE went the first time, we had not filed any paperwork. The second trip was within 1-2 months.


                    Sappy, if she left the USA after an overstay (of 6 months or more) and therefore has a ban on return, my understanding is that she is inadmissable for AOS purpose even though she was able to return to the USA and is married to USC. </div></BLOCKQUOTE>

                    Comment


                    • #11
                      <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by jqe:
                      JQE REPLY: After we married in April 06, she went a couple of times for up to a week's stay be. After we filed the I-130, we went to Canada twice, for a 3-4 day weekend. The last trip was in August/September timeframe.
                      so, jqe.. what do you exactly mean by "turned her visa in Feb 06"? was that done in the USA or Canada?
                      JQE REPLY: She turned in her work visa on entry into the US.
                      What was your wife's status in the USA when you went to Canada the first time? And was the second trip within the 6 months of the first one?
                      JQE REPLY: When WE went the first time, we had not filed any paperwork. The second trip was within 1-2 months.
                      </div></BLOCKQUOTE>

                      OK -let's do the math

                      She entered Feb 06 as a tourist and was "given" 6 months of authorised stay. Each trip that followed had the same consequence. Feb 06 + 6 months = Aug 06 + a few trips in between; last trip Aug/Sep 06 + 6 months -&gt; her authorised stay expired sometime Feb/March 07....

                      From the above, she is accumulating an overstay only since Feb/March 07, and as Sappy says, that would be "forgiven" for AOS purpose due to adjustment through you. Overstay clock stops when she files for adjustment of status AOS, I-485.

                      If I read your wife's situation correctly, she should now apply for AOS (in the USA), and do NOT leave until she gets permanent residency. If she has to travel outside the USA during the process, she needs Advance Parole I-131.. Even though her overstay may be less than 6 months by the time she files I-485, and there wouldn't be a ban on return... it may be risky to travel.

                      What are the "con's" for filing I-485 according to your lawyer? An intent when she entered the USA as tourist?
                      Good luck

                      Comment


                      • #12
                        <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">What are the "con's" for filing I-485 according to your lawyer? An intent when she entered the USA as tourist?
                        Good luck </div></BLOCKQUOTE>

                        The lawyer is worried about marriage fraud and abandoning status by leaving US. He also mentioned something about "intent" too, but I don't recall it being a big deal in his eyes since he hasn't brougt it up again.

                        He talked to other lawyers, and some tell him to file in the US, others outside of US.

                        We went to him because he is an immigration lawyer(member of AILA.org) and to have all the paperwork completed and filed for the AOS. He's been sitting on the paperwork for a couple of weeks after we signed all forms, got the extra documentation he requested, etc.

                        Comment


                        • #13
                          why fraud???? are u living together? are u in a valid marriage? do u have joint bank accounts, utilities, mortgage? file the 485 and dont leave until it is approved or get advance parole.

                          Comment

                          Sorry, you are not authorized to view this page

                          Home Page

                          Immigration Daily

                          Archives

                          Processing times

                          Immigration forms

                          Discussion board

                          Resources

                          Blogs

                          Twitter feed

                          Immigrant Nation

                          Attorney2Attorney

                          CLE Workshops

                          Immigration books

                          Advertise on ILW

                          EB-5

                          移民日报

                          About ILW.COM

                          Connect to us

                          Questions/Comments

                          SUBSCRIBE

                          Immigration Daily



                          Working...
                          X