Refile I130?

[Josterin 2]

2 minutes ago, Crazy Cat said:

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

Yes... 😳

[Josterin 2]

3 minutes ago, Crazy Cat said:

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

On the website it doesn't state that the case was denied. But yeah, it was. So what is the purpose of the E Verify? I hope it will not be a issue and I can get it before it expires.

[Family 3,988]

2 hours ago, Josterin said:

was wondering, do we have to refile the i130? Or can I simply refile the i485 and send her U.S Naturalization certificate?

You do NOT need to refile the I-130 Petition. The denial was only for the I-485 and the I-130 Petition stands ready to upgrade based on wife’s Natz. 
 

Just quickly re  do I-485/I-765/I-131 /I-864 , include copy of I-130 receipt notice and wife’s Naturalization Certificate. 
Should be simple as you have copies of previously filed forms ( just update I-485 to indicate IR) and copy of previous denial decision. 

[Family 3,988]

As IR ( spouse of USC) you will NOT have any issues with overstay OR working without authorization, so just file NOW…no need to wait for “ paper” decision on previous adjustment. 

[Family 3,988]

24 minutes ago, Josterin said:

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.

Stop the “ research “ and file. The previous EAD was based on the I-485 and will be effectively canceled ( u will read it in the I-485 denial) ..But u will be ok

[Josterin 2]

6 hours ago, Family said:

Stop the “ research “ and file. The previous EAD was based on the I-485 and will be effectively canceled ( u will read it in the I-485 denial) ..But u will be ok

Thank you so much for your answers. It clarified me a lot! I just have one last quick question, is there any chance for me to receive a 10 year GreenCard? Since I've been married for more than 2 years?

 

Thank you so much again

[Family 3,988]

Yes, you will get 10 year card. 

[TBoneTX 45,032]

An unrelated query and replies to it have been split from this thread and moved to the CR-1 Process forum.

[TBoneTX 45,032]

Yet another unrelated query and replies to it have been split from this thread.

[Truth_Seeker 14]

21 hours ago, Josterin said:

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!

First, don't make the same mistake twice.  Take charge of the matter yourself and do it yourself.  Also, I would demand my full refund and then some.  Filling out forms is what you paid for him to do properly, and if he didn't do it right, I would demand the full amount plus damages.  If he does not want to pay, I would file a claim against him in small claims court.  

 

Also, you should file an I-130 and I485 at the same time.  Do it ASAP.  https://www.uscis.gov/green-card/green-card-processes-and-procedures/concurrent-filing-of-form-i-485

 

Note as to your lawyer, at the very least it should give you his whole fee back plus your filing fee.  That is more than reasonable.  Ask him to do this over the phone.

 

Then if he refused to pay, send him a DEMAND letter asking for the return of his fee, the form fee, plus damages, and send that to him by certified mail.  He refused to pay the monies back within 30 days, and file a claim in small claims court against him in small claims court, while simultaneously complaining to the State's Bar Association.  I would recommend that you act now and file your complaints within 3 months while everything is fresh.

 

Anyhow, good luck.

[Mike E 11,739]

23 hours ago, Josterin said:

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

 

23 hours ago, Timona said:

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

 

 

Clearly having a naturalized spouse does add a benefit.

 

The I-130 should be refiled (with the I-485, I-130A, I-864, I-131, I-765), and a copy  of the naturalization certificate included with each of the I-130, I-485, and I-864).

 

And do hurry.