[fianit]

I was out of status around 8 months. Got maried (amer citizen) we applied for I-130, I-485, I-131, I-765. All denied and still pending. Don't know the reason. They emailed 10 days ago but I didng get the notice yet... stress don't have idea why... we called before we applied and they say that we can do it... I came to us legaly, was on j-1, then b-2, then f-1 lost my status then got married

[NYcityboy]

It may be the J-1 home residency requirement under section 212(e). Are you subject? Was there any government funding for the J-1 exchange program? Check your DS-2019 and the program code, the visa for an annotation and you can always check the FAM skills list.

I would consult with an experienced immigration attorney. Good luck.

[fianit]

it may be the J-1 home residency requirement under section 212(e). are you subject? was there any government funding for the J-1 exchange program? check your DS-2019 and the program code, the visa for an annotation and you can always check the FAM skills list.

I would consult with an experienced immigration attorney. good luck.

Thank you so much for your time!!
I pulled my records (my ex lawyer did it) and it says that I'm not on this section 212 (e). I still haven't gotten the nitice yet.
Very interesting... and I can't to go to the lawyer without the reason

[fianit]

Finily I got the notice... it was denied because we didn't submit the full evidence... our mistake... they said that we can re-open but our I-130 is still pending...
Please any suggestions

[fianit]

Finily I got the denial notice... I-485 was denied because we didn't submit the full evidence w2... our mistake... they said that we can re-open but our I-130 is still pending... what we can do?

[NYcityboy]

Comply with and include full evidence as noted on the instructions:

Immigration status (passport, I-94, extensions, etc.)
US spouse (b. cert-long form if possible, passport, DL)
Marriage (cert, pix, bills, invite, gift registry)
Cohabitation (DL, correspondence, bills, lease)
Co-mingling funds (joint tax return, bank accts, cc, insurance)
Travel (tix and pix)
Affidavit of friends and family.

This is not a detailed list, but your immigration attorney should provide what they like for your field office. Good luck!

[NYcityboy]

Check with your attorney to see if your case is strong for a Motion to Reopen. Its discretionary, so the officer can deny the MTR if you basically failed to comply without good cause. Did the attorney file the case? If so, they should know the standard of proof for 245 cases.

Just my opinion (not an expert), the MTR may take some time and may be denied; so easier, probably faster and more certain if you re-file the I-485. But then you pay the filing fees again.

[fianit]

Thank you very much for your time... we are working on it now... I will be writing the notes about my case...

[fianit]

How much time do we have to reapply for I-485... the motion to reopen is over... the immigration service to sended to the wrong address

[NYcityboy]

No deadline as long as the I-130 is already filed. Did you get an approval of the I-130 yet?

When you re-file the I-485, include a copy of the I-130 receipt notice and note it with RSC receipt number on your cover letter. Keep a complete copy of the petition. Make sure your attorney follows up. It may not be a big case for the attorney, but it is very important for you and your family. Good luck!

[fianit]

Thanks again:) when do they place people in to removal proceedings!!
And our I-130 is still pending... we really want to go to the interview but still didn't get the invintation...

[NYcityboy]

Usually after the denial of the I-485, after the interview, unless there are other immigration violations or criminal issues.

You are fine if you file the 485 immediately, and apply for an EAD. You will be an applicant for permanent residence and have authorization to be in the US, pending the Service's decision.

Good luck!

[fianit]

Does anybody know what takes soooooo long to get the receips from immigration office?? We have refiled immediately but haven't received even the first notice back!! (6 weeks may be more)

[fianit]

comply with and include full evidence as noted on the instructions:

immigration status (passport, I-94, extensions, etc.)
US spouse (b. cert-long form if possible, passport, DL)
marriage (cert, pix, bills, invite, gift registry)
cohabitation (DL, correspondence, bills, lease)
co-mingling funds (joint tax return, bank accts, cc, insurance)
travel (tix and pix)
affidavit of friends and family.

this is not a detailed list, but your immigration attorney should provide what they like for your field office. good luck!

Can I ask you?? How do you know about all this stuff?? :)

[NYcityboy]

can i ask you??? how do you know about all this stuff????:)

I read a lot. :D