Need your advice desparately

[Canadian Chikadee 0]

I filed my I130 back in October 2006 and due to my lawyer messing it

up really bad, which I am now only getting to the bottom of it all,

failing to send the NVC documents they requested way back almost a

year ago, and sending me off in search of documents they hadn't

requested (like 5 months for an RCMP finger print search), I finally

have possession of my file from the lawyer and am getting answers.

I am in the States and have been since November 2006 (leaving every 6

months and returning to Canada so I didnt overstay, and returning

back to the States within 1 week of leaving), all my possesions are

here, they let me across the border with them back in October 2006.

My question is this: Can I change my filing status and instead of

going for the I-130 (which is just a mess and looking now at probably

another 6 months for the NVC to get thru once they receive the

correct documents which were never sent but requested thru the

lawyer), Can I file to "adjust my status (I-485???) The same lawyer

who gave me the bad advice to begin with (no you have to file an I-

130 it will only take less than 6 months to be complete) says that I

can't "file to adjust" without first filing a "fiance visa" and since

we've already been married nearly 2 years (August 5th) it would be

impossible.

Need advice desparately please? Many thanks for any help you can give.

[Rosie74 0]

To the best of my knowledge if you are married to a USC you can file the I-130 and the I-485 at the same time.

This is what I am doing. I have been in the States since 2004, then married my USC husband in 2007, now filing I130, I485 and related forms altogether for Adjustment of Status, that way you don't have to leave the US and return back to Canada every 6 months like you're doing now...

Edited July 21, 2008 by Rosie74

[masterpiece91 0]

I filed my I130 back in October 2006 and due to my lawyer messing it

up really bad, which I am now only getting to the bottom of it all,

failing to send the NVC documents they requested way back almost a

year ago, and sending me off in search of documents they hadn't

requested (like 5 months for an RCMP finger print search), I finally

have possession of my file from the lawyer and am getting answers.

I am in the States and have been since November 2006 (leaving every 6

months and returning to Canada so I didnt overstay, and returning

back to the States within 1 week of leaving), all my possesions are

here, they let me across the border with them back in October 2006.

My question is this: Can I change my filing status and instead of

going for the I-130 (which is just a mess and looking now at probably

another 6 months for the NVC to get thru once they receive the

correct documents which were never sent but requested thru the

lawyer), Can I file to "adjust my status (I-485???) The same lawyer

who gave me the bad advice to begin with (no you have to file an I-

130 it will only take less than 6 months to be complete) says that I

can't "file to adjust" without first filing a "fiance visa" and since

we've already been married nearly 2 years (August 5th) it would be

impossible.

Need advice desparately please? Many thanks for any help you can give.

The first question i have is, did you get married in the US? If you did then you cannot file for a Fiance Visa but rather you have to file a I-130 which is where your wife claims you and along with that you have to file the I-485 which is your adjustment of status. With this type of petition you are able to apply while you stay in this country. Now once you start this application you cannot leave the country at all until you have your Advance parole permit or your green card. If there is anything i am missing can someone please fill in... thanks!

[Eric-Pris 1,604]

YOU SHOULD GET YOUR MONEY BACK FROM THE LAWYER. IF HE REFUSES, SUE HIM FOR ALL THE COSTS YOU INCURRED AS A RESULT OF HIS MALPRACTICE.