Should I file I824?

[SalishSea 17,819]

1 hour ago, D-man said:

Hello guys,

A friend of mine’s girlfriend came to the USA through her mother via K1. She was given a 2years green card and had been working since. Her mother was in the process of removing condition but her boyfriend who happened to be her spouse told her that he was going to file for her so she ignore the entire application that was in the process of being done by her mother. They have a kid as I write this. He filed for her I30 which was approved, but he has been dragging his feet until now. She just got to notice that she’s out of status when she was fired from her job and decided to find a new job. She contacted her husband to ask if he has the I130 but he said he can’t find it.

 

currently, they want to file the necessary documents as soon as possible. Therefore, they contacted USCIS for a copy of the I130, but USCIS said the document was shown as delivered and therefore, they will need to filed I824 with the required fees. My question is, can they file the I824 currently with I485 and I765 or they need to an approval for the I824 before they can file I485 and I765? Thanks for your help in helping to answer this question. 

Huh?  This makes no sense.

 

Whatever it is, is a mess.  I suggest you find a competent immigration lawyer asap.

51 minutes ago, D-man said:

Is it possible to apply for removal of condition when she didn’t even submit I485? She didn’t follow through with the process of adjusting her status until now even though I130 was approved. 

Nope.

 

[SalishSea 17,819]

48 minutes ago, D-man said:

Then she married her spouse who file I30 on her behave

But why?  That was 100% unnecessary.  You need some serious education on US immigration 101.  This is already a debacle.

[Me and her 279]

1 hour ago, SalishSea said:

But why?  That was 100% unnecessary.  You need some serious education on US immigration 101.  This is already a debacle.

And waste of money, time, etc....

[nastra30 2,284]

Op, my 2 cents below but your friend should seek a competent lawyer.

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Your friend is already a greencard holder so it seems she has already adjusted status through her mom. She should have just removed conditions along with her mom back in 2017, and didn't need her spouse's involvement back then at all. Now all parties involved have made a simple case very very messy.

She needs to file removal of conditions (with explanation why she's filing late, like really late) ASAP to begin the process to convert the 2-year GC to 10-year GC; this will bring her back in status in the meantime with I-1751 receipt.

Your friend has missed the deadline to file by a few years so she'll need a lawyer to help draft a convincing explanation as to why she's filing late. 

[EM_Vandaveer 2,408]

2 hours ago, nastra30 said:

Op, my 2 cents below but your friend should seek a competent lawyer.

-----

Your friend is already a greencard holder so it seems she has already adjusted status through her mom. She should have just removed conditions along with her mom back in 2017, and didn't need her spouse's involvement back then at all. Now all parties involved have made a simple case very very messy.

She needs to file removal of conditions (with explanation why she's filing late, like really late) ASAP to begin the process to convert the 2-year GC to 10-year GC; this will bring her back in status in the meantime with I-1751 receipt.

Your friend has missed the deadline to file by a few years so she'll need a lawyer to help draft a convincing explanation as to why she's filing late. 

This. I don't understand why the friend thought that just "switching" from one petitioner to another is OK. The whole purpose of the removal of conditions is that it HAS to be done...

[manyfudge 291]

Maybe @Family can refine my ideas here.

 

Go ahead and file i-824 to get duplicate of i-797 notice.

 

She should file i-751.  Once she gets that receipt, call uscis and request a ADIT stamp by mail.

 

With that, valid passport and unrestricted SSN, that is all the proof she needs of her green card status for employers.

 

If the i-751 comes back with an RFE, maybe don’t answer it and deliberately get denied.

 

Why? She can then mail denial notice in with her i130 approval notice and i-485 form, to adjust on new basis.

 

[Family 3,988]

23 minutes ago, manyfudge said:

Maybe @Family can refine my ideas here.

 

Go ahead and file i-824 to get duplicate of i-797 notice.

 

She should file i-751.  Once she gets that receipt, call uscis and request a ADIT stamp by mail.

 

With that, valid passport and unrestricted SSN, that is all the proof she needs of her green card status for employers.

 

If the i-751 comes back with an RFE, maybe don’t answer it and deliberately get denied.

 

Why? She can then mail denial notice in with her i130 approval notice and i-485 form, to adjust on new basis.

 

I-824 is not required.

Solution is along the lines of your plan.

 

1. File I-751 now. Simple cover letter “ Request for Acceptance of Late Filed I-751 due to Extenuating Circumstances/ Good Cause Exception “ 

Ask for discretion and request favorable adjudication for reasons stated by OP: misunderstood requirement to file w mom, new USC spouse also erred in assumption a spousal I-130 was needed..my dog ate my homework, ( insert ANY treason) though truth will suffice.

Heavy emphasis on job loss and hardship as a result of error.

 

***Include above title on last page of I-751 so it is guaranteed to pass mailroom •••
 

Use evidence that was submitted for moms successful ROC

 

IT WILL be accepted and conditions removed. In about 2 weeks she will have an I-751 receipt and extension 

 

For a copy of spouse I-130 file a free FOIA.