Removal Proceedings/Motion to Reopen question (split thread)

[bellaesq 0]

I think this is the forum for this question, and I hope someone here can answer this question for me....

I am the petitioner for my husband.

(1) He entered and was issued an I-94 in 2004.

(2) He was paroled into the country for asylum proceedings and was denied in asylum in 2005. We believe an order of voluntary removal was issued to his attorney in Miami, but he has no record of what it said. He has lived in NY since.

(3) We got married in 2012 and filed the I-130 and it was approved in about 6 months.

(4) In August 2016 we filed the I-485 and I-765. Biometrics, fingerprints, all completed.

(5) In September 2016 we received the 1st RFE letter asking for financial information and the I-864 form.

(6) In November 2016 we received a 2nd RFE asking for 12 months of bank statements. We are sending that tomorrow.

Here are the Qs:

Is he in what is considered "removal proceedings?"

We anticipated that we would have to go back and reopen the asylum case (motion to reopen) and show the new evidence of our marriage.

Since we are now on our 2nd RFE, does that mean we will not be required to reopen the case? Can they deny the I-485 based on the order of removal from 2005? Would they continue to ask for information if they would deny and send us back to the beginning?

Should we send in the 601?

Thank you!

[Boiler 46,107]

Are you still using the original lawyer of do you have a new one?