Legal Question in Immigration Law in Oregon


I have received today Request for Initial Evidence (I-485). I have been asked to provide evidence to establish that the petitioner on Form I-130 is a USA Citizen. I am married to A green card holder (for 5 years). My priority date is Sep. 26. We submitted the case because a friend told us that the F2A Category is current (To our understanding is without waiting period) for August and September Priority dates.

Some more information that I think can be useful:

* My wife is in process for getting her citizenship and most likely she will get it by the next 3 months.

* My I-94 (From a visitor Visa) was expired on June 19 2013.

* We fill I-130, I-765 and I-485 as the same time.

My friend advised to send them a letter explaining that the F2A was current for those priority date.

Any suggestions on how to respond?


Asked on 10/24/13, 8:18 pm

1 Answer from Attorneys

Marlene Hemmings Marlene Hemmings, Attorney at Law
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If your wife was a Legal permanent Resident at the time the I-130 was filed, then you were not permitted to also file the I-485. Simultaneous filing is only permitted for spouses of U.S. citizens, which is why you received an RFE.

Once the I-130 is approved, and if your priority date is current at that time, you can file the I-485. You also must keep in mind that you are required to maintain a valid, non-immigrant visa while the I-130 is pending & while you are waiting for your priority date to become current.

Your wife can request that the I-130 petition be withdrawn & you can request that the I-485 application be withdrawn. Once your wife becomes a U.S. citizen, then you can re-file. You will lose your filing fees, but otherwise your case is going to get denied & you'll lose the fees anyway.

You should have discussed this with an attorney before you filed, & not a friend.

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Answered on 10/25/13, 10:49 am

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