Refile I130?

[Josterin 2]

"Ola" my friends,

 

So last year my i485 application was denied due to a HUGE MISTAKE made by my lawyer office. 

[Timona 4,207]

You have to refile and overcome the reason for the denial. Overcoming it is important, or else there's no need to refile. 

[Josterin 2]

Sorry I hit "Enter" by mistake and it posted what I was writing. I am so sorry for the inconvenience. So...

 

My lawyer committed a HUGE mistake on my application and it caused the i485 to be denied. At the interview the officer was super polite and told me to simply refile my case and everything would be okay. The Lawyer gave me back part of my money and know I want to refile by myself or maybe I will look for another lawyer office. Me and my wife we still thinking about it. But last week my wife became a U.S Citizens (yay!! 'Merica hell yeah!) so I was wondering, do we have to refile the i130? Or can I simply refile the i485 and send her U.S Naturalization certificate?

 

Thank you so much for the answers and I am so sorry for the mistake!

[Timona 4,207]

You have to refile the whole case. Your wife naturalization doesn't add any benefit or shortcut to your case. 

 

 

[powerpuff 6,697]

What visa are you adjusting from?

[Josterin 2]

6 minutes ago, powerpuff said:

What visa are you adjusting from?

I am a overstayed tourist visitor (B1/B2).

[Josterin 2]

7 minutes ago, powerpuff said:

What visa are you adjusting from?

She basically told me that it would be okay if I file my case even though my wife was GC Holder and I was not holding status anymore. It's kind sad but I felt for it... 

[Crazy Cat 41,837]

10 minutes ago, Josterin said:

She basically told me that it would be okay if I file my case even though my wife was GC Holder and I was not holding status anymore. It's kind sad but I felt for it... 

Refile everything concurrently....ASAP!!!  

[powerpuff 6,697]

~~ Topic moved from K1 forum to AOS tourist/work/student visas - OP was on B2 ~~
 

12 minutes ago, Josterin said:

She basically told me that it would be okay if I file my case even though my wife was GC Holder and I was not holding status anymore. It's kind sad but I felt for it... 

Sorry to hear that you did not have a good experience with a lawyer. We hear that almost daily here, it’s really unfortunate. Make sure that you pick an experienced attorney or you can file yourself as most here have done.

 

The good news is that since your wife is now a US citizen, your overstay will be forgiven.

Edited September 24, 2022 by powerpuff

[Josterin 2]

1 minute ago, powerpuff said:

~~ Topic moved from K1 forum to AOS tourist/work/student visas - OP was on B2 ~~
 

Sorry to hear that you did not have a good experience with a lawyer. We hear that almost daily here, it’s really unfortunate. Make sure that you pick an experience attorney or you can file yourself as many here have done.

 

The good news is that since your wife is now a US citizen, your overstay will be forgiven.

Thank you so much... It hurts on my pockets, Jesus hahaha Do you recommend using an website or a third party service instead of an attorney? I saw companies like Immigration Direct or Boundless, are they any good? Because they are way cheaper than a Lawyer. 

[powerpuff 6,697]

Just now, Josterin said:

Thank you so much... It hurts on my pockets, Jesus hahaha Do you recommend using an website or a third party service instead of an attorney? I saw companies like Immigration Direct or Boundless, are they any good? Because they are way cheaper than a Lawyer. 

Personally, no, I do not recommend sites like that, we have also had more than a handful of horror stories about them. It’s of course up to you. 
 

Keep in mind that if you do decide to do everything yourself, that requires diligent work and research. It is evidently doable — myself and pretty much vast majority here did that. If you do not feel like doing that and putting in the work, then next best thing is have an attorney. 

[Josterin 2]

1 hour ago, powerpuff said:

Personally, no, I do not recommend sites like that, we have also had more than a handful of horror stories about them. It’s of course up to you. 
 

Keep in mind that if you do decide to do everything yourself, that requires diligent work and research. It is evidently doable — myself and pretty much vast majority here did that. If you do not feel like doing that and putting in the work, then next best thing is have an attorney. 

Do you believe that it's going to be a issue that I still working? I mean legally? E-Verify states that I am eligible to work (I do check it monthly) . My Work Permit expires next year in Out/06. I got a big propose to work in a local bank and I checked that with e verify before applying.

[Josterin 2]

1 hour ago, powerpuff said:

Personally, no, I do not recommend sites like that, we have also had more than a handful of horror stories about them. It’s of course up to you. 
 

Keep in mind that if you do decide to do everything yourself, that requires diligent work and research. It is evidently doable — myself and pretty much vast majority here did that. If you do not feel like doing that and putting in the work, then next best thing is have an attorney. 

I also did a research and I found that It wouldn't be an issue, since I didn't receive a Motion to cancel my Work Authorization.

[Crazy Cat 41,837]

1 minute ago, Josterin said:

Do you believe that it's going to be a issue that I still working? I mean legally? E-Verify states that I am eligible to work (I do check it monthly) . My Work Permit expires next year in Out/06. I got a big propose to work in a local bank and I checked that with e verify before applying.

Are you working based on the EAD connected with the denied I-485?

[powerpuff 6,697]

When a I-485 is denied the underlying petitions such as I-765 (EAD) or I-131 (AP) are revoked. You need to apply for a new I-765 when you file I-485. You can try to expedite with a job offer letter after doing biometrics.