IR5 interview is OCT a Lawyers says dont- Please help

[icperez 1]

 as explained i woukd have the inteview on DR at the end of OCT 2023

 

Short story my daughter fill her self online was acepted as the automatic system or the office ask what steps do next case was aprved i have the interview abroad im on USA

 

I applied for green card with my wife before apr 30 2001 with the 245i reform 485 biometrics work permit etc we cannt never make it to first interview never receive the second or was lost during that time we separete still married dont know where is she at present day

 

was here before dec 2001 as the reform asked

 

Well it never show of in my daughter filling she never tried to add it thinking the office or system will ask for any other proof

 

Im getting crazy because a lawyer that i call to ask about it he mentioned to me dont go to DR because you would be denied and wont come back

 

If this ia true what option do we have due to the short of time please

 

A screenshot off the interview date email

[OldUser 6,693]

Were you in status all this time? Your lawyer may be right. You may have a bar on coming to the US

Edited September 16, 2023 by OldUser

[Family 3,988]

Do NOT go to DR ( or anywhere outside the US). You will not be coming back as 245 (i) only applies to adjusting status in the US. 
Send an email to consulate saying you want your petition /case returned to USCIS as you will be adjusting status in the US.

 

Check your dates …for 245(i) you needed to be in US since Dec 2000 ( not 2001) as you wrote. The previous filed I-130 before April 2001 is ok..as it sounds like I-130 by that spouse was not only approvable but also approved.

 

You should immediately file I-485 ( claim 245 (i) pay the multa , I-485 A , and if you worked and have 40 credits w SS do I-864 W ). 
 

You cannot shift blame to your daughter..this is YOUR process and YOUR decision to make. Hire an attorney if you’re not up to DIY and make sure to thank that attorney….he saved you 

Edited September 17, 2023 by Family

[icperez 1]

I know my bad is 2000 yes i was before and enter 98 and my solid proof my daughter birthday 

 

Why the system dont ask or even sugest to the person filling in this case my daughter to apply for i-485? No everybidy is a lawyer i think they love to do all this mess

 

Well she told me she just keep filling thinking that a some point it would suggest or ask for other forms the only one that asked her was if i need a social security number? i say no bc, i have one from the 2001 filling

 

Another short story

 

A some point around 2006 a very nice lawyer told me to see if they respond to the work permit renewal they responded after paid the fee and did the bio and photos but the id never arrive and not letter nothing explaining, the lawyer said doesnt know what happen i wasnt using the service was to high i just went with my daughter mom ( she passed )  and she told about my case

Edited September 17, 2023 by icperez

[icperez 1]

About 

4 hours ago, Family said:

Do NOT go to DR ( or anywhere outside the US). You will not be coming back as 245 (i) only applies to adjusting status in the US. 
Send an email to consulate saying you want your petition /case returned to USCIS as you will be adjusting status in the US.

 

You should immediately file I-485 ( claim 245 (i) pay the multa , I-485 A , and if you worked and have 40 credits w SS do I-864 W ). 
 

 

By any chance If any body can show me a link or and xample to write a correct letter to the consulate so they can understand correctly

 

I would apreciated from my heart we are doing this in really hard times we dont have too much resource 

 

 

 

 

About the first filling  here in usa with the 245 i everything was aproved and i missed the first interview due to my wife didnt want to go we starting by that time having some issues then no more letter came that i know we first were living on her.mom apartment so i did not have control over the mail 

 

Im really scare

 

Thanks for all of you to answered me on time before we make a big mistake thanks

 

 

We love to keep filling as much as we can  by our self due to low resource

 

If you can provide maybe a link with the steps that ineed to do

 

I have the old work permit, i requested a copy of the documents filling on 2001 where they receive it and acepted all the fillings i-485, 245i, i 130, work permit form too. I dont have originals by that time there were not receipts that i remember or see my wife took all the documents and left 

 

If i dont reply fast dont worry i will try to connect as much as i can, cellphone data sometimes slow

 

Thanks lot of bless

Edited September 17, 2023 by icperez

[Family 3,988]

8 hours ago, icperez said:

About the first filling  here in usa with the 245 i everything was aproved and i missed the first interview due to my wife didnt want to go we starting by that time having some issues then no more letter came that i know we first were living on her.mom apartment so i did not have control over the mail 

I strongly recommend you find a way to hire an attorney to help you. ..it gets complicated…and it’s a legal process that can baffle even highly educated lawyers….not just a “bunch of forms “ 

 

Nonetheless here is a list of steps :

1. Do a free online FOIA to get a complete copy of your A-file / record w USCIS

https://www.uscis.gov/records/request-records-through-the-freedom-of-information-act-or-privacy-act

**If case was denied due to abandonment ( wife not showing up) you are ok..but if they suspected sham marriage..it’s a big big problem. so you need to see a copy of the denial decision.and determine if I-485 denied only or was I-130 affected **

 

2. Email to embassy can be short /simple. “ Your name, Case no., date of birth. Request to cancel IV interview and request for case transfer back to USCIS. I will not be pursuing consular process and will be adjusting status within the US”

 

3. Adjustment of status packet requires

I-130 copy of approval ( filed by daughter)

i-130 copy of approval ( by ex wife for 245(i) 

I-485, I-485 A, I-765, I-864 W (**get a Social Security PEBES report of earning)

 

Perhaps someone can add VJ link to the how to I-485 sample study guide

I-693 (sealed medical).

[icperez 1]

1 hour ago, Family said:

I strongly recommend you find a way to hire an attorney to help you. ..it gets complicated…and it’s a legal process that can baffle even highly educated lawyers….not just a “bunch of forms “ 

 

Nonetheless here is a list of steps :

1. Do a free online FOIA to get a complete copy of your A-file / record w USCIS

https://www.uscis.gov/records/request-records-through-the-freedom-of-information-act-or-privacy-act

**If case was denied due to abandonment ( wife not showing up) you are ok..but if they suspected sham marriage..it’s a big big problem. so you need to see a copy of the denial decision.and determine if I-485 denied only or was I-130 affected **

 

2. Email to embassy can be short /simple. “ Your name, Case no., date of birth. Request to cancel IV interview and request for case transfer back to USCIS. I will not be pursuing consular process and will be adjusting status within the US”

 

3. Adjustment of status packet requires

I-130 copy of approval ( filed by daughter)

i-130 copy of approval ( by ex wife for 245(i) 

I-485, I-485 A, I-765, I-864 W (**get a Social Security PEBES report of earning)

 

Perhaps someone can add VJ link to the how to I-485 sample study guide

I-693 (sealed medical).

Thanks , ireceived the FOIA but some part are missing due to they are for my wife that filled it they only show what they asume i can have access or read

 

The letter they sent said denied partially could be the pettition or the FOIA dont remember exactly from memory im on street i would check 

[icperez 1]

Thanks , ireceived the FOIA but some part are missing due to they are for my wife that filled it they only show what they asume i can have access or read

 

The letter they sent said denied partially could be the pettition or the FOIA dont remember exactly from memory im on street i would check 

 

 

Also you mentioned send medical exam, can i just walking into the clinic without a letter or i have to fill a form and wait for the letter to show on clinic?

 

Took a picture from the letter that was sent with some of the copy of the FOIA

 

Pictures from letter

Edited September 17, 2023 by icperez

[Family 3,988]

You need to find the I-485 denial decision paper in the FOIA .. 

Yes, there is info they block out

 

[icperez 1]

41 minutes ago, Family said:

You need to find the I-485 denial decision paper in the FOIA .. 

Yes, there is info they block out

 

The pappers they sent  i-485 is not like complete, maybe because she is the pettioner or something else they just sent interviews letters, few bio from my side and denied on write but no explaining onky part 1 and part 2 received some part blocked and the writing denied signature and date in a side

 

 

Note

 

The forum says that i reached the maximum post per day today

 

Thanks

 

Edited September 17, 2023 by icperez

[Family 3,988]

You can upload the denial paper..am not clear what you are describing. 
Better yet , take the entire FOIA and go get an attorney to sit w you and explain your next steps.

 

There are many details about that marriage that need to be evaluated . The 245 (i) is a golden ticket..you can’t afford to risk.

[SalishSea 17,835]

13 hours ago, icperez said:

About 

By any chance If any body can show me a link or and xample to write a correct letter to the consulate so they can understand correctly

 

I would apreciated from my heart we are doing this in really hard times we dont have too much resource 

 

 

 

 

About the first filling  here in usa with the 245 i everything was aproved and i missed the first interview due to my wife didnt want to go we starting by that time having some issues then no more letter came that i know we first were living on her.mom apartment so i did not have control over the mail 

 

Im really scare

 

Thanks for all of you to answered me on time before we make a big mistake thanks

 

 

We love to keep filling as much as we can  by our self due to low resource

 

If you can provide maybe a link with the steps that ineed to do

 

I have the old work permit, i requested a copy of the documents filling on 2001 where they receive it and acepted all the fillings i-485, 245i, i 130, work permit form too. I dont have originals by that time there were not receipts that i remember or see my wife took all the documents and left 

 

If i dont reply fast dont worry i will try to connect as much as i can, cellphone data sometimes slow

 

Thanks lot of bless

Honestly, I don't think it is within your ability to do this without a very competent lawyer with excellent English language skills.

[Family 3,988]

1 hour ago, SalishSea said:

Honestly, I don't think it is within your ability to do this without a very competent lawyer with excellent English language skills.

If it wasn’t for the fuzzy few details of the marriage and MIA ex wife..I would be cheering for OP to push ahead w daughter s help. But he got lucky once by not leaving the US…can’t go to that well too many times .

[icperez 1]

On 9/17/2023 at 4:17 PM, Family said:

If it wasn’t for the fuzzy few details of the marriage and MIA ex wife..I would be cheering for OP to push ahead w daughter s help. But he got lucky once by not leaving the US…can’t go to that well too many times .

I know that all of you help and want the best for this community and we all are apreciate and very thankful for the job that you guys do

 

I could not reply yesterday looks the forum rules just allow few post per day

 

Well my problem started after  9/11 all federal office were shut down and interviews were hold for the next year, yes wife find a lover we got a big argument, yes she was cheater on me, do i had a chance to apply that way yes, do i did it? No thinking that everything would be ok again between us , big mistake she just gone to out of state pregnant with a child of his new love, but still did nothing maybe wasting time been mad or depress 

 

I have a daughter with other woman who passed , i do everything to support her, thank god she finis college and find a job to apply for my papers she did it with love thinking everything could be smooth and because yes not everybody is full of cash and here in nyc is no cheap some people has we dont 

 

and tgats why i found this forum and tried to collect info as much as possible to help her and she can do like write letters emaios etc if need it, i tried with all my typos and errors due to engkish as you can notice is not my first language and i need keep practicing more

 

im no trying to be mad or offended nobody if somebody feel that way because the way i explain my case or how i make it little dificult to understand me

 

im sorry

 

thanks for the help, from the bottom my heart

 

 

Edited September 18, 2023 by icperez

[TBoneTX 45,304]

12 minutes ago, icperez said:

im no trying to be mad or offended nobody if somebody feel that way because the way i explain my case or how i make it little dificult to understand me

 

im sorry

English is not the first language of many people here.  Don't apologize.  Continue to do your best!