i485 Issues - Is a lawyer worth it?

[OnThePath87 2]

Hi Guys,

I've been posting quite a lot on this forum and while I don't want to clog the forum I was wondering if anyone can recommenced a good lawyer or if it's even worth it.

The situation is as follows:

1. i485 notification receipt sent to wrong address (USCIS's mistake - I have a copy of form i485 sent in with the correct address)

2. Changed the address once discovered (it was sent next door, using next doors address). I asked if anything further had been sent out to the incorrect address I was told no.

3. It turns out the biometrics appointment was sent next door, I only found out about this after the appointment date had expired.

4. I rang USCIS (all conversations with a level 2 officer) and they said they had sent me a new biometrics appointment and to call back if I had not received anything on or before the 21st of July.

5. I rang USCIS to check that the new biometrics appointment had been sent out to the correct address. I was assured several times that it had.

6. I received a RFE requesting a joint sponsor as my wife didn't make enough money (My wife makes $42,000 and 125% of the poverty limit for a family of two is just over $20,000 - she has also made over this amount for the last 3 years in the tax returns we sent in). Getting a joint sponsor won't be an issue but before I send one in, I wanted to confirm why my wife was refused when she makes over double the limit.

7. When I called up to enquire about this I was told to make an infopass appointment (as suggested on here but in New York they are totally booked up and I've been trying for weeks, if not I'll send in updated info with a joint sponsor foor good measure) which I'll continue try to do. BUT I thought I'd ask about the biometrics appointment as I still haven't received a letter after I got the RFE and I was informed one was never sent out!

I am becoming increasingly concerned about the above, to top it off my wife is about is due to give birth to our first child in seven weeks. The last thing I want is to be separated from my family, especially when we have the means to support ourselves and I am here entirely legally (wife is US citizen, entered on K1 visa).

I know lawyers don't have any magic powers but this is not going well. Can anyone recommend a good lawyer I can register with now or should I not even bother? Can they even do anything now?

[Moslund 94]

I have a lawyers and I have no faults as of yet with them... This paralegal who I deal with most of the time it's very prompt on EVERYTHING... Your question do you need a lawyer??? What's going on with your stuff is just USCIS messing up and that's just an unfortunate having a lawyer won't prevent them mess up from happening on USCIS side... A lawyer is good if you hit a legal wall and need advice how approach the situation... I hired a lawyer ourely for guidance and for peace of mind... His paralegal is there to answer the phone anytime and responce to emails within 24hours... If you want the peace of mind then yes I would get a lawyer as they can call on behalf of you they can attend appointments or interviews with you and help relieve the stress from the process but seeing as you've already filed I would personally not bother

Edited July 18, 2016 by Moslund

[Nich-Nick 3,354]

Your RFE-- what else did it say besides your wife did not qualify? Usually there is a problem with how you filled out the form. When the form is not acceptable or you failed to send the required documentation, they always tack on a generic "get a joint sponsor". It's because the wife's income is not evaluated or looked at because there is another issue. Fix that issue and then they will consider the wife's income and see it is enough. A lawyer could correct your form error, but so can you FOR FREE. Did you have a form error?

You can do a walk-in at your closest biometrics ASC and they should be able to sort you out. Asking for a new appointment by calling the USCIS general phone line always just bogs down and delays you. Did your neighbor give you the letter? Use it, even though past the original appointment. A lawyer can't go to to ASC and explain the issues, but you can give it a go. A lawyer can't get your new appointment any faster, but maybe your Congressman can spur USCIS into sorting it out if you won't try the faster walk-in solution.

I think these things have been suggested to you before.

[OnThePath87 2]

Your RFE-- what else did it say besides your wife did not qualify? Usually there is a problem with how you filled out the form. When the form is not acceptable or you failed to send the required documentation, they always tack on a generic "get a joint sponsor". It's because the wife's income is not evaluated or looked at because there is another issue. Fix that issue and then they will consider the wife's income and see it is enough. A lawyer could correct your form error, but so can you FOR FREE. Did you have a form error?

You can do a walk-in at your closest biometrics ASC and they should be able to sort you out. Asking for a new appointment by calling the USCIS general phone line always just bogs down and delays you. Did your neighbor give you the letter? Use it, even though past the original appointment. A lawyer can't go to to ASC and explain the issues, but you can give it a go. A lawyer can't get your new appointment any faster, but maybe your Congressman can spur USCIS into sorting it out if you won't try the faster walk-in solution.

I think these things have been suggested to you before.

Nick,

Yeah - I literally just got back from a successful walk in, so Biometrics is out of the way. Many thanks.

You are right, there was one part of the form not filled in correctly (Household size was listed as 1 instead of 2) so it also states to send in page 4 again. However I am now slightly conscious that now we have a generic warning, if we send in page 4 again without assets or a joint sponsor there's the possibility that they'll deny us if something else was an issue that they haven't specified.

[Nich-Nick 3,354]

Nick,

Yeah - I literally just got back from a successful walk in, so Biometrics is out of the way. Many thanks.

You are right, there was one part of the form not filled in correctly (Household size was listed as 1 instead of 2) so it also states to send in page 4 again. However I am now slightly conscious that now we have a generic warning, if we send in page 4 again without assets or a joint sponsor there's the possibility that they'll deny us if something else was an issue that they haven't specified.

If it was me, I would fill out an entirely new form with the correct house size. Make sure there is a 2015 tax return (all pages) PLUS W2 because that is a requirement. If your ordered a tax return transcript, then it serves the same as Tax forms+W2. Then add your optional proofs such as employer letter, pay stubs, and 2013/14 tax returns. That will fix your RFE. I would choose to send the whole (correct) package anew rather than one random page with one number changed.

Required:

Form completed correctly

2015 tax forms+W2 --or-- tax return transcript

Once you have the required, they will look at her other evidence and find your wife acceptable. If there was something else wrong, they would have to notify you in an RFE.

Make sure her Line 22 on the Form 1040 is over the required amount.

Make sure whatever she said in the Part 6 "my current income is __________" is backed up by an employer letter, six months pay stubs, or Line 22 of the tax return. For example you can't say "my current income is $45,000" if you have no documentation on paper of at least $45,000.

[KayDeeCee 4,893]

If it was me, I would fill out an entirely new form with the correct house size. Make sure there is a 2015 tax return (all pages) PLUS W2 because that is a requirement. If your ordered a tax return transcript, then it serves the same as Tax forms+W2. Then add your optional proofs such as employer letter, pay stubs, and 2013/14 tax returns. That will fix your RFE. I would choose to send the whole (correct) package anew rather than one random page with one number changed.

Required:

Form completed correctly

2015 tax forms+W2 --or-- tax return transcript

Once you have the required, they will look at her other evidence and find your wife acceptable. If there was something else wrong, they would have to notify you in an RFE.

Make sure her Line 22 on the Form 1040 is over the required amount.

Make sure whatever she said in the Part 6 "my current income is __________" is backed up by an employer letter, six months pay stubs, or Line 22 of the tax return. For example you can't say "my current income is $45,000" if you have no documentation on paper of at least $45,000.

Yep, that was my answer too, only yours is more detailed > http://www.visajourney.com/forums/topic/602638-rfe-i-864-confusion/#entry8226634

[Nich-Nick 3,354]

Yep, that was my answer too, only yours is more detailed > http://www.visajourney.com/forums/topic/602638-rfe-i-864-confusion/#entry8226634

I knew you had given a good answer before, as I had told him around 7/6 to walk in his ASC. So I just repeated with hand holding because I think it is better than paying a lawyer a grand or more. Heck, I would do it for a Starbucks gift card

[KayDeeCee 4,893]

I knew you had given a good answer before, as I had told him around 7/6 to walk in his ASC. So I just repeated with hand holding because I think it is better than paying a lawyer a grand or more. Heck, I would do it for a Starbucks gift card