K1 adjust status

[Nazeer 1]

He’s right even if the lawyer filed i-485, she checked on the wrong box in the form itself.

He checked on i-485 based on i-130 instead of based on k1 holder. She messed up everything and wasted 2 months of my life.

and to be honest I’m thinking to cancel everything instead of sending a letter to USCIS and start over again.

im so confused I’m waiting for her response I already sent her an email.

[Family 3,988]

28 minutes ago, Nazeer said:

He’s right even if the lawyer filed i-485, she checked on the wrong box in the form itself.

He checked on i-485 based on i-130 instead of based on k1 holder. She messed up everything and wasted 2 months of my life.

and to be honest I’m thinking to cancel everything instead of sending a letter to USCIS and start over again.

im so confused I’m waiting for her response I already sent her an email.

Do NOT withdraw, send letters to USCIS and don’t waste any $$. 

Your case will be fine and processed without any issues as was filed. Nothing wrong with the category as IR …just think if you married after 90 days , the I-130 would have fixed that issue without any problems.

 

You can certainly ask the attorney to pick up the tab for $535 /I-130 filing fee …but don’t worry 

[igoyougoduke 1,653]

 

 

On 5/19/2023 at 6:20 PM, Nazeer said:

I’m a k1 holder and I’m in the US.
I married my spouse within the 90 days. 
My lawyer filed concurrent i-485 with “ I-130 “ 
In addition to i-765 and i-131.
I saw people posting that k1 holders don’t need to file i-130. 
My pd is March, 31.
My status is “ Case was received and a receipt notice was sent “.
I don’t prefer withdrawing the process and wait again. I didn’t even have my work permit.
What do you think guys ? 
I called my lawyer and they said they know how things work and just relax!

I called my lawyer and they said they know how things work and just relax!  - every one Visajourney can 100% vouch that your lawyer dont know what is right or wrong. You should not listen to a single world they say. and send him a letter to reimburse you for i-130 fee  plus reimburse all the fee he charged you for the case. if not you should let them know they you will reach out the state bar and report him for negligence and incompetence and wrong guidance. 

[Family 3,988]

On 5/20/2023 at 12:25 PM, powerpuff said:

No, I would not leave it as it is because you’re adjusting on the wrong category. When time comes for them to adjudicate your petition or when you come for an interview, they will see that you’re adjusting from the wrong category. Personally, I would withdraw both forms and file again properly. 

Just want to emphasize that OP ‘s adjustment as filed (w I-130) is perfectly fine/ legal and even proper  category as spouse of USC 

 

Yes, the I-130 was not needed .., but it does NOT hurt his adjustment in anyway. ..


https://www.uscis.gov/green-card/green-card-eligibility/green-card-for-fiancee-of-us-citizen

When you marry your U.S. citizen petitioner within 90 days of admission as a K-1 nonimmigrant, you become an immediate relative. Immigrant visas for immediate relatives of U.S. citizens are always immediately available

[Nazeer 1]

But with the i130 she filed now i have to wait on line with everyone who filed i-130 before me as per my priority date mentioned in my i-485 immediate relative for a USC. While there isn’t a priority date for i-485 based on k1 admitted as k1 which makes me take my EAD and GC much faster and even without an interview. 
Normal people did their k1 aos “ in the right way” applied with me for their aos they finished everything, while my status now is as it is “ case was received and a receipt sent “!!!!! Which makes me crazy and depressed….

 

[powerpuff 6,689]

7 hours ago, Family said:

Just want to emphasize that OP ‘s adjustment as filed (w I-130) is perfectly fine/ legal and even proper  category as spouse of USC 

 

Yes, the I-130 was not needed .., but it does NOT hurt his adjustment in anyway. ..


https://www.uscis.gov/green-card/green-card-eligibility/green-card-for-fiancee-of-us-citizen

When you marry your U.S. citizen petitioner within 90 days of admission as a K-1 nonimmigrant, you become an immediate relative. Immigrant visas for immediate relatives of U.S. citizens are always immediately available

That’s good to know. I learned something new today!

[Family 3,988]

6 hours ago, Nazeer said:

But with the i130 she filed now i have to wait on line with everyone who filed i-130 before me as per my priority date mentioned in my i-485 immediate relative for a USC. While there isn’t a priority date for i-485 based on k1 admitted as k1 which makes me take my EAD and GC much faster and even without an interview. 
Normal people did their k1 aos “ in the right way” applied with me for their aos they finished everything, while my status now is as it is “ case was received and a receipt sent “!!!!! Which makes me crazy and depressed….

 

There is no priority date wait nor is your adjustment treated differently. 
 

You are driving yourself crazy for no reason. Speed is the luck of the draw …not all cases get processed at the same time. 
 

 

[slavaskii 886]

I mean again, I reemphasize that an officer told someone in exactly this position that the I-130 likely delayed their timeline. Moreover, it sounds like the lawyer charged extra for the form, which provided no material benefit. This isn’t like people who file I-130 and then I-129F thinking that’ll speed things up, this is OP submitting (and paying for) a whole extra form that reveals the attorney’s incompetence. 
 

My problem here is with the assertion “I know how this works.” Unless the lawyer meant he knows how this technicality works (that being, a I-130 theoretically applying), he’s clearly lying and this should be a massive red flag for OP.

Edited May 22, 2023 by slavaskii

[SalishSea 17,810]

5 hours ago, slavaskii said:

I mean again, I reemphasize that an officer told someone in exactly this position that the I-130 likely delayed their timeline. Moreover, it sounds like the lawyer charged extra for the form, which provided no material benefit. This isn’t like people who file I-130 and then I-129F thinking that’ll speed things up, this is OP submitting (and paying for) a whole extra form that reveals the attorney’s incompetence. 
 

My problem here is with the assertion “I know how this works.” Unless the lawyer meant he knows how this technicality works (that being, a I-130 theoretically applying), he’s clearly lying and this should be a massive red flag for OP.

Totally agree.   The issues for OP, as I see it:  wasted time, money, and a confidently incorrect lawyer.   Fire that lawyer.

 

Your end result will be the same as if you hadn’t filed the I-130.