My spouse and I filed the 1-130 and 1-485 August of
2022. In 2023 we received an rfe for the 1-485 and
was denied due to missing a document. We reached
out to several lawyers for guidance and only heard
back from one. She told us that we weren't supposed
to file the 1-130 and 1-485 together. (The 1-130 was
submitted electronically and the 1-485 paper based
and mailed). Tbh, I'm quite stumped as to why that is
as l've seen hundreds of people file concurrently.
Now in 2024, our 1-130 is on its second rfe. One
being updated pictures of us (Dec 2023). Second,
resubmitting all of the initial evidence (Feb 2024).
We also have become aware of the new fee
increases that are starting April 1, 2024. We are
looking to file an 1-485 but are unsure. The lawyer
we've spoken to said we can't unless we file another
1-130. Is this correct? Or Can I file 1-485 while 1-130 is
pending?
More info on our case: I am a US citizen and spouse
s a Canadian citizen. Visitor visa overstay,