Filing out I-130 for spouse, help needed

[Family 3,988]

2 minutes ago, User293148126357 said:

But in the meantime we'll be preparing the paper work for the I-130/I-485 and the I-751 just so everything is ready to file as soon as we hear back from the tier 2 agent.

You have the I-751 denial decision in hand as well as the denied I-290 B , do not waste any time on phone discussions ..they have no value .

 

[User293148126357 1]

2 minutes ago, Family said:

You have the I-751 denial decision in hand as well as the denied I-290 B , do not waste any time on phone discussions ..they have no value .

 

We are waiting on the phone call to mainly find out if she still has LPR status. Her case was denied, but she never received notice of removal proceedings or a judge decision to revoke her LPR status. If she still has her LPR status, it would be much easier to file an I-751.

 

Are we mistaken with anything here? If you don't think we should wait, should we still file the I-751 then?

 

[Family 3,988]

2 minutes ago, User293148126357 said:

Sorry, do you mean we should be able to apply because there is a new basis (spouse of USC)? Or is it no longer the case because the decision has been changed

She was denied and has a new basis , therefore apply. There’s no change to the fact she was denied ( u have it in black and white) and what tier 1 or river 2 can “see” is historically unreliable…and in our case not needed. 
Submit a copy of the denials, print out USCS policy page and add a short description on last page of I-485..simply stating basic facts  CR status granted on zzz, : I-751denied on xx, I-290 B denied on yyy , copies attached. I am seeking to adjust per Matter of Stockwell

 

 

[User293148126357 1]

6 minutes ago, Family said:

She was denied and has a new basis , therefore apply. There’s no change to the fact she was denied ( u have it in black and white) and what tier 1 or river 2 can “see” is historically unreliable…and in our case not needed. 
Submit a copy of the denials, print out USCS policy page and add a short description on last page of I-485..simply stating basic facts  CR status granted on zzz, : I-751denied on xx, I-290 B denied on yyy , copies attached. I am seeking to adjust per Matter of Stockwell

 

 

I see, thank you for clarifying.

 

Should we only file an I-485 with the things you listed, or also co-file the I-130/I-130A/I-693(Medical)/I-864(Affidavit of Support)?

[Family 3,988]

8 minutes ago, User293148126357 said:

I see, thank you for clarifying.

 

Should we only file an I-485 with the things you listed, or also co-file the I-130/I-130A/I-693(Medical)/I-864(Affidavit of Support

AOS packet means all u listed PLUS I-765 and I-131.. ( no additional fee )

Fees are about to increase so do it now. 
 

[Mike E 11,739]

On 5/22/2023 at 9:22 PM, User293148126357 said:

What is the beneficiary's Travel Document number?

I read through this thread. She is still an LPR, so her travel document number is the A number that is on her green card.

 

I agree with @Family that she should file an I-130 / I-485 package on the basis of being married to you. I do hope that she has been married to you at least 2 years or will be by the time I-485 is approved so that she does not repeat the I-751 nightmare again.

[Family 3,988]

14 hours ago, User293148126357 said:

If she still has her LPR status, it would be much easier to file an I-751.

It is of course possible to file a Late Filed I-751 ..if you have sufficient evidence from the previous family basis, regardless of the denial and her status.

So as a matter of strategy, you can elect to do another I-751..assuming you know the correct category and have extensive evidence. 
 

Re adjusting/AOS seems the “easier” option because it seems they handle it faster…whereas I-751 s can linger in a black hole for very long .
 

[Chancy 6,241]

*** Moved from IR1/CR1 Process & Procedures to AOS from Work/Student/Tourist Visas forum -- not a spouse visa case, beneficiary already resides in the US ***

 

[User293148126357 1]

9 hours ago, Mike E said:

I read through this thread. She is still an LPR, so her travel document number is the A number that is on her green card.

 

I agree with @Family that she should file an I-130 / I-485 package on the basis of being married to you. I do hope that she has been married to you at least 2 years or will be by the time I-485 is approved so that she does not repeat the I-751 nightmare again.

 

After all the advice, we did get started on filing an AOS. Just waiting on the medical stuff and taking the passport style photos. However, we have not been married 2 years. So, we'll just have to deal with the I-751 when it happens. Our biggest concern right now is ensuring she doesn't have any problems taking out student loans/qualifying for aid from her school because the scholarship she received is only available to permanent residents and citizens. We want to apply for AOS so that we can at least show her case is being processed and she can remain staying here as an LPR

[User293148126357 1]

8 hours ago, Family said:

It is of course possible to file a Late Filed I-751 ..if you have sufficient evidence from the previous family basis, regardless of the denial and her status.

So as a matter of strategy, you can elect to do another I-751..assuming you know the correct category and have extensive evidence. 
 

Re adjusting/AOS seems the “easier” option because it seems they handle it faster…whereas I-751 s can linger in a black hole for very long .
 

She was a minor so she doesnt have much paperwork from her last case. It was mostly done by her guardians/lawyer. So, we also think the AOS would just be 'easier'

[Mike E 11,739]

53 minutes ago, User293148126357 said:

Our biggest concern right now is ensuring she doesn't have any problems taking out student loans/qualifying for aid from her school because the scholarship she received is only available to permanent residents and citizens

She can attempt to get an I-551 stamp using the process of https://www.uscis.gov/newsroom/alerts/uscis-announces-additional-mail-delivery-process-for-receiving-adit-stamp

[User293148126357 1]

42 minutes ago, Mike E said:

She can attempt to get an I-551 stamp using the process of https://www.uscis.gov/newsroom/alerts/uscis-announces-additional-mail-delivery-process-for-receiving-adit-stamp

Once we apply, we're definitely gonna request an appointment for one.

 

In a previous comment you mentioned her travel document is her green card and A number. In the section where they ask about the travel document, it reads as if they're referring to the travel document that her I-94 and last entry were associated with. That's why we thought it might be her old passport. Should we fill out her I-94 information and last entry with regards to the F-1 visa she used then, and fill out the travel document as her current green card?

[Mike E 11,739]

3 minutes ago, User293148126357 said:

Should we fill out her I-94 information and last entry with regards to the F-1 visa she used then, and fill out the travel document as her current green card?

Did she ever enter on her gc?

[User293148126357 1]

13 minutes ago, Mike E said:

Did she ever enter on her gc?

No, the last time she entered she was an F-1 student. She hasn't left the country at all since 2015.

[Mike E 11,739]

2 minutes ago, User293148126357 said:

No, the last time she entered she was an F-1 student. She hasn't left the country at all since 2015.

Her travel document is still her gc, imho, but I would preserve the I-94, and include a copy of it and the gc, in the I-485 package.

 

The I-94 will be needed for her N-400 down the road, too.