Delays after I-485 RFE? (split thread)

[Tkmon 1]

Hello Elf.

Thanks for your input to the above.

Background - I am currently on TN being sponsored by American wife, while using as a guide http://www.visajourney.com/forums/topic/212749-from-tn-status-to-green-card/.

I applied for PR while submitting I-130 , I-485, I-131 and I-765 in September, did Biometrics in Sep 30.

However, I received RFE for I-485 ONLY on Nov 9 that I have since replied. I have not received notice of interview.

Question: Does the 1-485's RFE cause the delay in timeline of issuing of EAD/AP?

Thanks for your answer in advance.

[Pitaya 2,577]

AOS RFE's result in a cessation of EAD/AP processing. Check AOS progress forums for numerous examples.

[Tkmon 1]

I left U.S. in mid October to go back to Canada for emergency.

Since I have been in Canada, been afraid to go back to U.S. for fear of being refused entry on the basis of showing intent to stay in U.S. (marrying) and without. Though my wife as been to visit.

Should I risk re-entry into U.S. with my valid TN visa, TN VISA still valid till 2017?

Would they know at the POE that I have actually married and submitted a AOS.

Or I should stay in Canada until I receive EAD/AP?

[Hypnos 6,578]

If you left without a valid AP in your possession then your AoS has been automatically abandoned. CBP will forward details of your departure to USCIS, and you will receive a formal denial of your I-485 in the mail.

I doubt you would be readmitted under TN or any other status anytime soon.

Edited November 18, 2015 by Hypnos

[Tkmon 1]

Maybe I should approach a lawyer.

I crossed the border into Canada by road.

I am not sure how the CBP will have record of my departure to be sent to USCIS.

Any advice?

[Hypnos 6,578]

You certainly could talk to a lawyer, but they cannot change the facts. It sounds as if you are trying to hide the fact that you departed without AP from USCIS. This would be considered material misrepresentation (by rendering you ineligible for the benefit for which you have applied by concealing a material fact) and may lead to a lifetime bar from the US.

The proper course of action would be to withdraw your I-485 (before USCIS deny it. If you returned to the US on your TN they would likely ask at your interview whether you have left the US since you filed your I-485. Obviously you are obligated to say yes, and this means a denial) and then pursue a spousal visa (CR-1/IR-1) from overseas. You should not have left the US without AP. Emergency AP could have been issued to you if an exigent situation demanded it.

Edited November 18, 2015 by Hypnos

[Tkmon 1]

Are you advising me to return to U.S. on valid TN visa?

Wait for interview, and say yes at the interview, after which I can come back to Canada, and apply for CR-1/IR-1?

[Hypnos 6,578]

I'm saying I'm not sure you will be allowed back in. A TN is a nonimmigrant visa. Entering the US on a nonimmigrant visa with the preconceived intent to remain and adjust status is a federal crime (immigration fraud), and discussion of that is against the ToS of these boards. No one here - including me - is going to advise you to break the law.

Edited November 18, 2015 by Hypnos

[Tkmon 1]

ok thanks.

I will go to a lawyer tomorrow, to withdraw my I-485.

Hopefully, it will get there before they deny the application.

If I get the confirmation letter of withdrawal soon enough, maybe I can still travel back to U.S. on my TN visa which is still valid till 2017.

According to this site - http://www.***removed***/forum/showthread.php/95338-I-485-Withdrawal-How-long

"According to my lawyer, I should be free to go to the states if I wish once I receive the letter from USCIS."

[Hypnos 6,578]

Given that you've already demonstrated immigrant intent (through being the beneficiary of an I-130 and also filing an I-485 yourself) I'm not sure you will be readmitted in any nonimmigrant status anytime soon.

You may need to just wait out the year or so it will take to obtain your CR-1/IR-1 in Canada.

[Tkmon 1]

Ok, thanks for your input.

I understand now that I have presented dual intent.

I will definitely need a lawyer. That is the first thing to do in the morning.

I do not want to loose my work that I am doing now.

Staying in Canada beyond 3 weeks means I will loose my Job.
I will ask if my lawyer could help me to get back in and withdraw the previous I-485 application.

There is hope for me somewhere.

Hopefully lawyer will help find the hope.

[ehklei19 18]

<Rant>

The more I see about how this system works the angrier I become. The OP has done nothing morally wrong here, but because he did not follow every jot and tittle he now stands to lose his job, spend more money filing more forms and wait an unspecified period of time to be reunited with his spouse.

Meantime... Just hop across that southern border, run up to a ICE officer, turn yourself in and BOOM, you're IN baby! Obviously the illegals in most cases don't have the money to pay the outrageous fees that USCIS charges for each and every filing, so the rest of us subsidize it. And suffer longer wait times, because the freeloaders are handled right along with everybody else.

Now, the idiot that occupies the "big white house" wants to admit 10's of thousands of Syrian refugees. Again these people pay nothing, and in fact are paid to come here.

If Wal-mart worked this way the shoplifters would be rewarded with their ill-gotten gains while the paying customers would be arrested.

Bass-ackwards world we live in.

</Rant>

Edited November 18, 2015 by ehklei19

[Hypnos 6,578]

The OP made a mistake by departing without AP. The rest of your rant is probably more suited to http://www.visajourney.com/forums/forum/145-current-events-and-hot-social-topics/

Edited November 18, 2015 by Hypnos

[ehklei19 18]

The OP made a mistake by departing without AP. The rest of your rant is probably more suited to http://www.visajourney.com/forums/forum/145-current-events-and-hot-social-topics/

Yes, the OP made a mistake. The thing that sticks in my craw is the the penalty to be paid for simple mistakes. What happened to mens rea? The OP most likely was unaware of the peculiar complexities of US immigration law and made a simple mistake. This mistake should cause a complete do-over? As they say on ESPN: Come on, man!

The amount of law-breaking committed by illegal immigrants and those who assist them is staggering. People are robbed, raped, killed and yet... don't dare suggest that they, THEY be held accountable. Instead pick on those who try to follow the law, secure the proper visas, etc. Yeah let's go after them, the law-abiders. And God help you if you make a simple mistake. You'll get no quarter here.

Sorry to have hi-jacked this thread. I am through now.

[kattaklizm 11]

I left U.S. in mid October to go back to Canada for emergency.

Since I have been in Canada, been afraid to go back to U.S. for fear of being refused entry on the basis of showing intent to stay in U.S. (marrying) and without. Though my wife as been to visit.

Should I risk re-entry into U.S. with my valid TN visa, TN VISA still valid till 2017?

Would they know at the POE that I have actually married and submitted a AOS.

Or I should stay in Canada until I receive EAD/AP?

1) yes, RFE causes a delay in getting EAD/AP

2) stay in Canada until you get your combo card, you won't be able to entry the US inasmuch as you are already in the system =(