Will form I-290B help in my case?

[OldUser 6,602]

 

1 hour ago, Family said:

Total s1,760 

Make out two checks or money orders as follows $1,225 for I-485 $535 for I-130

The filing fee for I-765 and I-131 is waived if included now

You're right, that calculator is a bit confusing. $1760 it is

[Crazy Cat 41,804]

6 hours ago, Family said:

it will ultimately be denied without the new I-130. 

They married within 90 days.

[Family 3,988]

57 minutes ago, Crazy Cat said:

6 hours ago, Family said:

it will ultimately be denied without the new I-130. 

They married within 90 days.

Yes, and that remains relevant as the manner of entry only …withdrawal kills the petition ( one doesn’t get to pick the I-864 bit only, though I know it’s often quoted on VJ)…..in this case the previously approved I-129 F. 
Solution is of course the I-130 .

[SandyR 142]

Right - we married within 90 days - just over 100 days ago.  Not sure why I have to file an I-130.  When I look on USCIS website, it doesn't say anything about a deadline for filing the 485.  It seems that we just need another 485 and be prepared for questioning.  

 

[Family 3,988]

3 hours ago, SandyR said:

Right - we married within 90 days - just over 100 days ago.  Not sure why I have to file an I-130.  When I look on USCIS website, it doesn't say anything about a deadline for filing the 485.  It seems that we just need another 485 and be prepared for questioning.  

 

Your withdrawal was not “partial” and you no longer have the I-129 F as an approved petition , it was cancelled/ voided IT’S GONE. 
 

Do yourself a favor and either do more research or get a few consultations before you risk it. 

 

https://www.ecfr.gov/current/title-8/chapter-I/subchapter-B/part-103

Withdrawal. An applicant or petitioner may withdraw a benefit request at any time until a decision is issued by USCIS or, in the case of an approved petition, until the person is admitted or granted adjustment or change of status, based on the petition. However, a withdrawal may not be retracted

[SandyR 142]

10 hours ago, Family said:

Your withdrawal was not “partial” and you no longer have the I-129 F as an approved petition , it was cancelled/ voided IT’S GONE. 
 

Do yourself a favor and either do more research or get a few consultations before you risk it. 

 

https://www.ecfr.gov/current/title-8/chapter-I/subchapter-B/part-103

Withdrawal. An applicant or petitioner may withdraw a benefit request at any time until a decision is issued by USCIS or, in the case of an approved petition, until the person is admitted or granted adjustment or change of status, based on the petition. However, a withdrawal may not be retracted

Thank you.  I appreciate your help.  I did pay for consultations through this site and the immigration lawyer said I do not need to apply for the I-130 since we were married within the 90 days after he entered the US.  I got two consultations.  Do you think it is possible the partner lawyers available through this site are not knowledgeable enough or don't put enough thought into it?  Maybe I'll try a third lawyer.  ugh.  

[Family 3,988]

I think each lawyer that answered you based their response on the incorrect premise that your withdrawal did not affect the I-129 F. 
Your cost of a DIY I-130 filing fee is way less than the legal fee for obtaining a “ Written “ legal opinion specific to your case that would hold any lawyer accountable for their retainer and competency of legal advice. 
 

On a personal note, don’t beat yourself up for your action . Trust your instincts and accept that your concern was valid enough to pull back and settle the issues in your marriage.

His green card will be fine and your relationship stronger. 
 

 

Edited December 4, 2022 by Family

[SandyR 142]

On 12/3/2022 at 4:56 PM, Family said:

Pay the fee and spend a moment putting together a strong showing of joint life 

Don’t forget to complete the I-130 A

I just filed the I-130 online.  That was nice!  Had to upload the I-130A and other info.  I can pretty much send in the same I-485, etc. as I did a couple of months ago - but will make the appropriate changes.  However, was wondering if I should wait a bit?  Is there any reason to submit it ASAP?  any chance the I-130 would be denied?  I don't see how since we are eligible, but if there is any chance it would be denied, I don't want to send in the $1225 which would also be for nothing if they denied my I-130.  I think the scrutiny would come in the interview.  Any thoughts?  Many thanks.

[Family 3,988]

20 minutes ago, SandyR said:

just filed the I-130 online.  That was nice!  Had to upload the I-130A and other info.  I can pretty much send in the same I-485, etc. as I did a couple of months ago - but will make the appropriate changes.  However, was wondering if I should wait a bit?  Is there any reason to submit it ASAP?  any chance the I-130 would be denied?  I don't see how since we are eligible, but if there is any chance it would be denied, I don't want to send in the $1225 which would also be for nothing if they denied my I-130.  I think the scrutiny would come in the interview.  Any thoughts?  Many thanks.

Do not wait.

There are changes to I-485 coming on Dec 23 .,making things a bit more challenging. 

Just re do the forms now and mail it ASAP with a copy of the I-130 receipt. Good call on filing rhe I-130.

[SandyR 142]

Thank you for your expertise!  Do you have a masters degree in immigration?  😂  I'm thankful for all the help and support I've received.  

I will get the AOS in today.  It should be easy enough.  Thanks for the heads up on form change.  I don't need any more challenges!

I'll get it to the post office today or tomorrow and then wait.  again.  but actually, the wait with him being in the house is not as bad as the last wait.  

thanks again!