Conditions not removed

[MTCANADA 0]

Let me tell you my story and then please any advice would be great!

My wife entered the states from Canada in May 2010 on a K-1 visa. We adjusted her status and she got her green card March 2011 and it expired Febuary 2012. I, the petitioner on her behalf, did not realize that there were conditions on her card. I applied to renew her green card in December 2011. I did not receive a notice that we filed the wrong papers until April 2013, two months after her card expired. I was told by an attorney that my wife is now "Out of Status" and I have to start all over!. So I filed everything for a I-485 to get a new green card. I received a request for initial evidence for an I-129F or an I-130 or and I-171 in October 2013 I sent in the I-129F that I had used for my wifes AOS.

. Today I recieve another "Request for evidence" asking for the same thing with a hand written note saying I can't use my I-129F from my last time I adjusted her status. So I called in today to the service center and asked them what is an I-130 or an I-171. (Which I have neither of). In talking with the man there, He asked me, "why didn't you just apply to have the conditions removed even after the card expired?" He claimed I could have done that and avoided the 1200 dollars in applying the I-485 again! IS THAT TRUE THIS IS THE FIRST TIME I HAD HEARD OF THAT? Also It claims that if I didn't file an I-130 with the application or before I submitted it, I have to ask to have the application withdrawn. DO I LOSE ALL THAT MONEY THEN? and where do I get an I-171? I see on here that its kind of a ghost form. and nobody knows what it is. Can anyone help?

So My wife was a K-1 visa holder

Then a Permenant resident

Then apparently "Out of Status"

Now what?

[Hypnos 6,578]

Your wife should have filed an I-751 to remove conditions before her status (and green card) expired. She is now out of status since she didn't file one, and is theoretically deportable and could be detained by ICE.

As I understand it, you cannot use the same approved I-129F to adjust status from twice. You will need to begin the AoS process again, by filing an I-130 and I-485. You may need to withdraw the I-485 then re-file them together, or they may allow you to file the I-130 and then match it with the already-filed I-485.

This is beyond the scope of a DIY case, however, and I'd strongly suggest you consult with an experienced immigration attorney to proceed, because you've already made mistakes.

[MTCANADA 0]

Will I get my money back?

[Hypnos 6,578]

I have no idea, but I certainly wouldn't count on it: http://www.uscis.gov/sites/default/files/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-1067/0-0-0-1740.html

"In general, USCIS does not refund a fee or application regardless of the decision on the application. There are only a few exceptions to this rule, such as when USCIS made an error which resulted in the application being filed inappropriately or when an incorrect fee was collected."

[David & Diana R 1,005]

Will I get my money back?

Why would you get your money back if you made the mistakes?