Advice Please - Received Denied I-131 with Approved I-130

[Harpa Timsah 13,258]

Thank you so much to the last 2 posts - Harpa and Hypnos - means a lot to us.

Questions:

1. Do you know if he needs a new Visa stamp? He used his Italian passport when he just came back to the US and not his French one(birth place). If he leaves the country and comes back - will he have a problem to re-enter the US? He does have a ESTA so he is allowed to come for 3 months at a time. We are thinking he will need to do this to get the French passport stamp.

2. Do we need to wait to receive the denial of the I-485 before to re-apply? (I'm not sure how we can cancel it)

3. Do you recommend we do use a Lawyer? We did everything on our own and I meticulously submitted everything - all forms with proof, cover letters, pics, everything perfectly. Thinking we need a lawyer now but I don't want to waste the money.

With sincere thanks to you! This is helping us cope with our issue.

OMFG! I am going to yell at you now. Because I care.

He CANNOT leave the country again!!! Are you all there?!?!

We JUST explained that his leaving the country cost you $1070+ and NEARLY caused you to be separated for a year!

And you think he should leave AGAIN??? OMFG!!

_________

Why didn't he use his French passport? Was he trying in any way to elude authorities into thinking he never left?

He will need to show proof that he entered the country legally. He can use the stamp in his Italian passport.

This is really a mess.

[WSBLUE2014 0]

OMFG! I am going to yell at you now. Because I care.

He CANNOT leave the country again!!! Are you all there?!?!

We JUST explained that his leaving the country cost you $1070+ and NEARLY caused you to be separated for a year!

And you think he should leave AGAIN??? OMFG!!

_________

Why didn't he use his French passport? Was he trying in any way to elude authorities into thinking he never left?

He will need to show proof that he entered the country legally. He can use the stamp in his Italian passport.

This is really a mess.

Thank you for caring!

He used the Italian passport since he is a dual citizen(France & Italy) and can use whichever he likes when he travels. (He has an ESTA for both passports and uses them both when travels)

He is not leaving the country!! I just asked if he needs to - in case he needs a stamp since the USCIS papers and passport copies are all in his French docs, not Italian. I just want to avoid creating confusion. PLUS his french stamp is from March 27th so its expired. But you stated he can use the Italian stamp - is this really true? Sounds messy if we do that.

We will speak to the Lawyer on Friday for a consultation and for now we need to stay put!

Just want to do the right thing - upset about not knowing the consequences

Edited July 8, 2014 by WSBLUE2014

[Harpa Timsah 13,258]

Okay. Understand that he is NEVER guaranteed entry on any passport. You are VERY LUCKY that he was allowed back in in the first place. They could have denied him entry easily for intention to immigrate, as he clearly did have the intent because he had a pending AOS case. So don't try to leave again and try your chance again, unless you fancy being separated for a year. No no no.

His using an alternate passport makes it seem like he was trying to be tricky. I know he can use any which one, but why use the other one when he had a pending AOS on his French passport? To trick them? To not get his AOS abandoned? Not good.

I believe it says on the NOA1 paper from the I-485 that leaving the country would cause his AOS case to be abandoned. Just had to look at the paper.

He needs to stay put, you wait for the I-485 to be denied, then you file again.

[genddob 10]

Yes, you need a lawyer. If you don't understand basic rules like DO NOT LEAVE THE US WHILE AOS IS PENDING, then you need a lawyer.

I can't believe you asked about him leaving again. If he needs to take care of things in his home country, he should do that and you can apply for CR1 from outside the US. If you want to be together, he needs to stay put. It's only 60-90 days usually to get EAD and AP, surely anything can wait after you spend $1490 + to file AOS... jeez.

I am also not sure he should have even used visa waiver program - on either passport - when he has pending AOS and clear immigrant intent. I would get a lawyer who is listed with http://www.aila.org

[WSBLUE2014 0]

Yes, you need a lawyer. If you don't understand basic rules like DO NOT LEAVE THE US WHILE AOS IS PENDING, then you need a lawyer.

I can't believe you asked about him leaving again. If he needs to take care of things in his home country, he should do that and you can apply for CR1 from outside the US. If you want to be together, he needs to stay put. It's only 60-90 days usually to get EAD and AP, surely anything can wait after you spend $1490 + to file AOS... jeez.

I am also not sure he should have even used visa waiver program - on either passport - when he has pending AOS and clear immigrant intent. I would get a lawyer who is listed with http://www.aila.org

Well now we understand the rules, a bit too late. Just tried to get things going too fast and got anxious when the I-130 was approved.

Instead of dwelling on what was done - I would like to focus on what we can do now.

We are seeing a Lawyer actually today and he is listed on the link you gave me and is rated a 10 on another site. Hoping for good news and will keep everyone posted.

[Harpa Timsah 13,258]

Good, then the lawyer should say, stay here, file a new I-485 packet.

But, you still haven't explained why he used his Italian passport.

Edited July 10, 2014 by Harpa Timsah

[hellostranger57 18]

Definitely hire a lawyer. Your case sounds complicated now. You will need legal assistance moving forward.