Refiling and have Questions

[kajawi 0]

Our first I-485 was denied for failing to supply my hubby's birth certificate (long story) and now we are reapplying. The first time around we had a lawyer, but this time we are doing it ourselves because money is very tight right now, and we can not afford to pay another $5,400 (not counting filing fees) to someone to wrongly advise us. Unfortunately we do not have a copy of everything that our lawyer sent in our behalf, so I'm trying to figure out how to answer some of the questions and hoping that you all can help. Sorry if these questions have been answered previously. I really have searched through the site prior to posting.

1. Throughout all the forms, the Alien Registration # is asked for. Should I put the Alien Registration # they assigned him with the first application even though that was denied or should I just leave it blank?

2. I-130 Question 14 asks for the Arrival/Departure Record (1-94). He came in on a Visa Waiver and there is a Departure # listed. Is this what I use even though the series of numbers is grouped a little differently than the question is asking them to be arranged in?

3. I-130 Question 15 asks for name and address of present employer. He is not working here in the US as he can not legally do so, but he generates some income for rental properties in the UK. Should I put self-employed and list our address here or should I leave this blank.

4. I-130 Question 22 asks which USCIS office he will apply at. How do I know this? In fact, even by looking at the previous application's NOAs I can't even tell where the first one was sent to. Is there a code or something?

I have more questions but will leave it at that for now.

Thanks in advance!

Kathy

[YuAndDan 153]

1) YES, use the A# from first case.

2) Yes, the number on the green-I-94

3) "Unemployed" is the answer.

4) Look up field office here: https://egov.uscis.gov/crisgwi/go?action=of....office_type=LO (This should be where the AOS interview will happen)

If USCIS denies an I-485 usually the prospective immigrant has 30 days to leave the USA of face deportation and accruing an overstay. You may have to appeal the decision of the first petition.

OR may need to simply file an I-130 for an immigrant visa and return to home country to interview for the immigrant visa, and perhaps deal with a waiver if overstayed VWP by 180 days or more.

Keep in mind VWP is for visiting not immigrating.