Do i still need to get attorney for 485 interview if my I-130 has been approved

[Harpa Timsah 13,258]

LOL thx for helping , they review my 485 with microscope, so funny, its just a green card application, its not tons of diamond in front of them, they dont need to identify careful as you mention i think, but anyway, i will get an attorney, better and safer. for me everything's clean no criminal records, and my wife is from a US military family, everything's clean too, i dont think they have any excuses to deny my case since my I-130 got approved.

You're wrong on that. That's the biggie.

[Cathi 5,777]

LOL thx for helping , they review my 485 with microscope, so funny, its just a green card application, its not tons of diamond in front of them, they dont need to identify careful as you mention i think, but anyway, i will get an attorney, better and safer. for me everything's clean no criminal records, and my wife is from a US military family, everything's clean too, i dont think they have any excuses to deny my case since my I-130 got approved.

You were initially denied, if you think this part of the process is a guarantee you are mistaken, you can still be denied at the interview if the IO doesn't think your marriage is bona fide. Doesn't matter if your background and everyone else in the family has no problems with theirs either. They want to know that your marriage is real and true, it is FAR more than a background check!!!!

[ValerieA 350]

I am very confused by this. The I-130, in my mind, is just if the spouse is eligible to sponsor someone. Bonafide marriage does not come out until the I-485 comes up for approval, Ergo...easy for I-130 to get approved. Bonafide marriage, not a factor at that stage. Am I missing something?

[Harpa Timsah 13,258]

I am very confused by this. The I-130, in my mind, is just if the spouse is eligible to sponsor someone. Bonafide marriage does not come out until the I-485 comes up for approval, Ergo...easy for I-130 to get approved. Bonafide marriage, not a factor at that stage. Am I missing something?

Usually... though for cases that smell of fraud, they can RFE you for proof of bona fide marriage (you see this in CR/IR-1 cases that have numerous red flags). It is possible that they sent that and the response was not sufficient, and then an appeal was filed? It was filed as a stand-alone petition, so USCIS didn't know a I-485 was coming.

Maybe that's not what happened though... I am curious how a mere petition ends up in BIA.

it is curious a lawyer would recommend filing separately in case the I-130 is denied.

Edited December 18, 2012 by Harpa Timsah

[Littlewish 0]

Usually... though for cases that smell of fraud, they can RFE you for proof of bona fide marriage (you see this in CR/IR-1 cases that have numerous red flags). It is possible that they sent that and the response was not sufficient, and then an appeal was filed? It was filed as a stand-alone petition, so USCIS didn't know a I-485 was coming.

Maybe that's not what happened though... I am curious how a mere petition ends up in BIA.

it is curious a lawyer would recommend filing separately in case the I-130 is denied.

I-485 is based on I-130, petition for relatives which means the CIS accept the relationship between applicant and petitioner, no matter what kind of relationship such as couples, children and parents siblings, 130 and 485 can be filed separately or together, up to you , but even if you file them together if the I-130 dont get approved I-485 wont be approved also, this is what my attorney told me, and last year i filed my I-130 got RFE letter, then i filed so many evidence they still reject which means they didnt believe, then i got a letter that i can appeal within 30 days, then i did it, finally my I-130 got approved, this is my story. if I-130 approved that means CIS already accept the relationship which is a bona fide marriage (if GC is based on marriage) then now i filed adjust of status for my GC.

[GreenTrain 1]

Congratulations on your approval of the I-130. Here's where your case gets a bit dicey. Since they denied your application the first because they suspected fraud, they will be going over your I-485 with a microscope so a lawyer may come in handy. However you absolutely have no "RED FLAGS" then save your money and skip the attorney. What's the attorney going to say different from what you have told him/her. Good luck.

Agreed !

Attorneys are waste unless you have complicated case(in that case you really need to find good attorney not JUST ANY Attorney).

Sometimes you think you have attorney with you and you feel relaxed, and worst part is when attorney is not that active or attentive, you lose.

[Sandra G. 5,056]

Uscis can't change the BIA decision just if your appeal was "sustained" ,but if the decision was "remanded" then Ucsis will render a new decision either approval or new denial.When the sentence is sustained it means the appeal overcomes de grounds of denial. Ask your lawyer if the sentence was sustained or remanded.Good luck.

[Littlewish 0]

Uscis can't change the BIA decision just if your appeal was "sustained" ,but if the decision was "remanded" then Ucsis will render a new decision either approval or new denial.When the sentence is sustained it means the appeal overcomes de grounds of denial. Ask your lawyer if the sentence was sustained or remanded.Good luck.

thank you so much, actually my I-130 got approved on March this year, about 9 months ago, but i didnt file my I-485. and currently i checked my I-130 on CIS website it still showed my case got approved and from March this year my visa has been transfered to NVC.

[ValerieA 350]

My feeling is that you have already had issues at the I-130 stage. I wouldn't be complacent about the I-485 approval chances. I'd lawyer up to be on the safe side, and have them at the interview in case something went wrong. This is too important to cheap out on if you don't have to.

[Littlewish 0]

Agreed !

Attorneys are waste unless you have complicated case(in that case you really need to find good attorney not JUST ANY Attorney).

Sometimes you think you have attorney with you and you feel relaxed, and worst part is when attorney is not that active or attentive, you lose.

thats what i wanna ask, ya if i bring an attorney definitely i will feel relax, but im not sure the interbiew will be Stoke or just regular, if it is just regular i dont wanna waste money to get an attorney, coz my I-130 has been approved, i guess the following interview is not gonna be hard,thats why im asking coz im poor.

[Littlewish 0]

My feeling is that you have already had issues at the I-130 stage. I wouldn't be complacent about the I-485 approval chances. I'd lawyer up to be on the safe side, and have them at the interview in case something went wrong. This is too important to cheap out on if you don't have to.

ya just in case, better get an attorney i think