Peitition Denied and Overstaying

[Darnell 8,479]

How the I-130 was approved if your spouse didn't qualify as a sponsor due to insufficient income?

I-130 approval and CR-1 visa adjudication are seperate things.

The income is checked during CR-1 Visa adjudication.

But - since it's combined with the I-485, it's a double 'review' of the same info.

That's my 2 cents, anyway.

[juliava 80]

I-130 approval and CR-1 visa adjudication are seperate things.

The income is checked during CR-1 Visa adjudication.

But - since it's combined with the I-485, it's a double 'review' of the same info.

That's my 2 cents, anyway.

I didn't know that the person applied for the CR-1 visa.

[Darnell 8,479]

WHERE did all of you people get the information that the OP did receive an order to leave? I read her post(s) 3 times and still can't find that essential part of information.

What I read out of the post is that her I-94 expired, or that she is now more than 6 months in the US.

Bob, I read the same thing, and it seemed to be a part of the denial letter, some additional 'orders' inside of it - ie 'ordered to depart'.

Sure, it's not the result of a deportation hearing, but come on - the wording was in there, ya? '30 days to leave' .

Whassup man? I note I had a late night o work, so my eyes are bleary today... What's going on, over there?

[Darnell 8,479]

I didn't know that the person applied for the CR-1 visa.

Ya - I think they were going 'this' route -> http://www.visajourney.com/forums/index.ph...page=i130guide2

Can result in CR-1 Visa or IR-1 visa, depending on 'length o time since marriage date'.

[Pastel 0]

And you waited all this time to get advice? A directive to leave the country must be followed. Get thee back to Canada by the end of this month, and await any legal advice you and your husband can afford.

There were no run-arounds at all - just the normal processing time.

I actually talked to several different people who were helping out with my case (not a lawyer yet) and some of them said it was -OK- as long as I refiled within the 30 days (either a motion to reopen or refile completely) but it got delayed due to mixed answers from potential co-sponsors saying yes at first, then no, so it took us up to this time to figure out what to do (which isn't quite figured out yet)

Then I was told I was OK to stay in the country, then not OK by some people, it's really confusing.

Yes, my I-130 was approved, my I-864 was not (affidavit of support)

So you're saying I should be talking to a lawyer now?

[Ladylethal 12]

I thought they were supposed to RFE them for a I-864 that met the requirements? Meaning that they'd have the chance of getting a co-sponsor?

Pastel, if you were given order to leave within 30 days and haven't retained an attorney with proper info on a motion to reopen and haven't done so and at this point are unsure of what's right and what's wrong, the one thing that is certain is: DO NOT overstay that deadline. It's best to leave and then get counsel with an attorney about how you'll go about refiling 'cus if you don't follow those orders it will get uglier for you.