K1 to I485 but a lawyer says we need I130 before which does not sound right

[SalishSea 17,856]

7 minutes ago, lplplpx3 said:

No worries...thanks for the help. Actual case status is same as what its been saying for 6 years: On January 19, 2017, we received your response to our Request for Evidence for your Form I-485, Application to Register Permanent Residence or Adjust Status, Receipt Number ***. USCIS has begun working on your case again. We will send you a decision or notify you if we need something from you. If you move, go to www.uscis.gov/addresschange to give us your new mailing 

Edited December 7, 2023 by SalishSea

[SalishSea 17,856]

4 minutes ago, lplplpx3 said:

Thanks for your comments and help SalishSea and yes that's where/when I found out about Writ of Mandamus which I attempted to pursue and was advised on the i130. The lawyer actually refunded my money when he found out I was married and suggested the i130 which is when I came back to see if anyone was familiar. Hope that clears this up for you.

 

 

Edited to add to your edit:  I’m not trying to make you feel stupid.   Your story is bizarre, and I was trying to understand it.   Never mind, over and out.

Edited December 7, 2023 by SalishSea

[OldUser 6,738]

@lplplpx3 have you checked whether your wife is in removal proceedings?

 

https://acis.eoir.justice.gov/en/

 

If yes I-485 cannot be approved by USCIS until those proceedings are terminated. They're usually terminated when I-130 is approved (it would have to be filed) and lawyer makes a formal request...

Edited December 7, 2023 by OldUser

[lplplpx3 13]

It says: No case found for this A-Number.

 

[Boiler 45,579]

I think we are all looking for something else as this timeline is very odd indeed.

 

Sounds like one for Hacking, you can call in free and ask him, his next show on You Tube is 4pm Central Time today and he is doing a 5 hours special next week.

 

As he say WoM are his favourite thing to do. And on the face of it this is the only way this is going to move.

Edited December 7, 2023 by Boiler

[Demise 1,291]

I mean if you married within 90 days then your spouse should be able to adjust based solely on the I-129F.

Might not be the worst idea to go around your lawyer and have your congressman or senator inquire on your behalf and see what USCIS tells them. It could be that the case literally fell between the cracks. That alone might unstuck it because someone will have to investigate.

 

If that doesn't help then WoM is the only other way forward.

[lplplpx3 13]

Thanks...didn't find "Hacking" on YT and sincerely, thanks for everyone's help. I got 2 calls set up for second opinions.

 

[Cathi 5,760]

If your timeline truly is correct, WoM is the only thing left to do at this point. I suggest a new lawyer if you choose to go this route because if he/she is telling you to file an I130, they don't know what they're talking about.

[lplplpx3 13]

Yes @Demise definitely fell between the cracks but I'm working on it, now I know there are other courses of action. I was seriously under the impression we were just under their mercy till I learned of the WOM last week.

 

[Cathi 5,760]

3 minutes ago, lplplpx3 said:

Thanks...didn't find "Hacking" on YT and sincerely, thanks for everyone's help. I got 2 calls set up for second opinions.

 

You weren't looking hard enough.  https://www.youtube.com/@HackingImmigrationLawLLC

[Boiler 45,579]

 

[lplplpx3 13]

Thanks so much @Cathi @Boiler just found them on Reddit too.

[Rocio0010 5,579]

2 hours ago, Boiler said:

I think we are all looking for something else as this timeline is very odd indeed.

 

Sounds like one for Hacking, you can call in free and ask him, his next show on You Tube is 4pm Central Time today and he is doing a 5 hours special next week.

 

As he say WoM are his favourite thing to do. And on the face of it this is the only way this is going to move.

He just changed the time to 2:30 pm CST

 

To OP: your case is way outside of normal processing times. Are there are red flags?

 

Specifically:

where’s your spouse from?

Is there a significant age difference?

where were you born?

Has she ever been married before?

Have you ever granted immigration benefits to someone else?

[lplplpx3 13]

Nope, no reg flags, no criminal, no nothing, so no to all the above and spouse is from UK, I'm a US citizen by birth and lived here all my life. I just had the initial intake with Hacking who we are hiring. The lawyer is in agreeance that because there are no flags, the case is under a pile on someone's desk somewhere so we'll file a WOM and expect a response within 60 days. I'll definitely keep everyone posted, that's why forums like this are complete gold. I think we finally see some light at the end of the tunnel, lol. Thanks to all again.

[powerpuff 6,714]

15 minutes ago, lplplpx3 said:

I'll definitely keep everyone posted, that's why forums like this are complete gold. I think we finally see some light at the end of the tunnel, lol. Thanks to all again.

I hope you see positive results. Please keep us posted.