canceling an I-485

[harley2936 0]

If you come on a I-130 [CR-1] you get a GC in the mail shortly after entry.

Haole, do you mean he gets assigned a visa number? Or if you do mean a GC, do you know of a way that I could find out if there was one sent?

[Cino 5]

Haole means you guys got married in Canada let's say & applied for CR-1 from Canada.

Your husband stayed in Canada until his I-130 was approved. He went through the embassy interview &

got the Immigrant Visa & came to US with that CR-1 Visa then he can get GC but I don't think it happened like that.

Also please answer my questions in the post below. Thanx...

[harley2936 0]

This is the situation.....

- he came over uninspected 11 years ago after meeting his (soon to be ex) on line.....

- they married

- she filed the I 130

- after the I 130 was received, she said that is all that he needed to stay here.

- after being married for 10 years they seperated

- yes he worked and paid taxes for the 11 years being here

- we met and i informed him that he needed to file paperwork

- than she said she would file his immigration papers for him if he gave her everything in the divorce and money

- I told him not to but he agreed to her terms and they filed

- after everything is done and the interview is left to do, she won't show for it and we have to start all over.

- we plan on marrying and starting the process over after the June 3rd divorce date.

- that is why i wanted to know if there was a form to fill out to withdraw the I-485

- with talking with our lawyer, he said that the case will just be pulled

- and we will hopefully have the time to start the process for us

[harley2936 0]

Haole means you guys got married in Canada let's say & applied for CR-1 from Canada.

Your husband stayed in Canada until his I-130 was approved. He went through the embassy interview &

got the Immigrant Visa & came to US with that CR-1 Visa then he can get GC but I don't think it happened like that.

Also please answer my questions in the post below. Thanx...

i was just working on the answer....sorry I didn't reply right away. I am usually up till all hours of the night....last night i crashed at 8:30.

response sent. thank you

[Anh map 2,098]

Cino, harley is not the person that initiated the I-130. The soon to be ex wife of the Canadian citizen was the petitioner. The boyfriend claims that his wife told him that filing the I-130 made everything ok for him. That was 10 years ago.

harley, is it correct to assume that your bf just came to the US and then married his wife and did not go through the fiance/spouse visa process?

[harley2936 0]

yes you are correct. he came over in sault ste. marie, and 11 years ago there was no inspection requirement. So he entered uninspected and they got married and than filed the I130....and that was it until 12-08.

[Cino 5]

Ok I understand the relationships now. It is kinda messy.

My suggestion is this:

- Tell him to make an InfoPass app. @ the Local Office ASAP

- He will tell IO to withdraw I-485 due to divorce. That is the end of it.

Then you can start fresh I-130 & I-485 together after marriage of course.

GOOD LUCK !.....

[harley2936 0]

Ok I understand the relationships now. It is kinda messy.

My suggestion is this:

- Tell him to make an InfoPass app. @ the Local Office ASAP

- He will tell IO to withdraw I-485 due to divorce. That is the end of it.

Then you can start fresh I-130 & I-485 together after marriage of course.

GOOD LUCK !.....

Yes it is a messy one. ugh! Thank you so much for your time in reading my story. We are moving to Washington after this divorce is final and it is literally 10 miles from the border of Canada. I am almost thinking that we should just move there and start this thing all over new and fresh in a year or two. Right now we have our lawyer doing the withdrawal.....he said he was going to wait till closer to the date of the interview and file a G-28. Do you think we are better off doing the infopass ourselves sooner? Again thank you .

[Cino 5]

Your BF or Fiance can do it much faster than Attorney right now. Your Attorney has to file G-28 &

then USCIS will update his lawyer status on his file etc... This takes more time. You don't need a lawyer

actually to do this if you ask me.

[harley2936 0]

Thank you....I will do that today. Man, this has been such a mess. I can't wait to start over and do it the right way from the get go.

[diadromous mermaid 36]

Thank you....I will do that today. Man, this has been such a mess. I can't wait to start over and do it the right way from the get go.

If your soon-to-be husband EWI-ed (entered without inspection) 11 years ago, whether he withdraws the pending I-485 or not, he would be required to return to his homeland. An alien that has entered without inspection is statutorily ineligible to adjust status in the USA. If he has been in the USA 11 years without having adjusted status, then he has an 11 year unlawful presence, which would subject him to a 10 year bar to admission. What kind of lawyer have you been working with? This is immigration 101.

[jpaula 20]

Thank you....I will do that today. Man, this has been such a mess. I can't wait to start over and do it the right way from the get go.

If your soon-to-be husband EWI-ed (entered without inspection) 11 years ago, whether he withdraws the pending I-485 or not, he would be required to return to his homeland. An alien that has entered without inspection is statutorily ineligible to adjust status in the USA. If he has been in the USA 11 years without having adjusted status, then he has an 11 year unlawful presence, which would subject him to a 10 year bar to admission. What kind of lawyer have you been working with? This is immigration 101.

Does the fact the an I-130 was filed prior to 2001 mean he might fall under 245(i)?

IF he did EWI, that is. To the OP, do you know exactly how he originally entered? It is important.

[diadromous mermaid 36]

Well, only if the current application that is pending is not denied and he is declared "removable" before the alien was able to submit an application, yes.

245(i) also does not protect an alien from removal proceedings and does not grant other benefits such as employment authorization or advance parole. If an alien has been ordered to be removed from the U.S., he cannot apply for adjustment of status by using 245(i). Also, if an alien is put in a removal proceeding in the future, he or she cannot stop the removal proceeding by using 245(i).

.

Thank you....I will do that today. Man, this has been such a mess. I can't wait to start over and do it the right way from the get go.

If your soon-to-be husband EWI-ed (entered without inspection) 11 years ago, whether he withdraws the pending I-485 or not, he would be required to return to his homeland. An alien that has entered without inspection is statutorily ineligible to adjust status in the USA. If he has been in the USA 11 years without having adjusted status, then he has an 11 year unlawful presence, which would subject him to a 10 year bar to admission. What kind of lawyer have you been working with? This is immigration 101.

Does the fact the an I-130 was filed prior to 2001 mean he might fall under 245(i)?

IF he did EWI, that is. To the OP, do you know exactly how he originally entered? It is important.

[jpaula 20]

Well, only if the current application that is pending is not denied and he is declared "removable" before the alien was able to submit an application, yes.

245(i) also does not protect an alien from removal proceedings and does not grant other benefits such as employment authorization or advance parole. If an alien has been ordered to be removed from the U.S., he cannot apply for adjustment of status by using 245(i). Also, if an alien is put in a removal proceeding in the future, he or she cannot stop the removal proceeding by using 245(i).

.

Thank you....I will do that today. Man, this has been such a mess. I can't wait to start over and do it the right way from the get go.

If your soon-to-be husband EWI-ed (entered without inspection) 11 years ago, whether he withdraws the pending I-485 or not, he would be required to return to his homeland. An alien that has entered without inspection is statutorily ineligible to adjust status in the USA. If he has been in the USA 11 years without having adjusted status, then he has an 11 year unlawful presence, which would subject him to a 10 year bar to admission. What kind of lawyer have you been working with? This is immigration 101.

Does the fact the an I-130 was filed prior to 2001 mean he might fall under 245(i)?

IF he did EWI, that is. To the OP, do you know exactly how he originally entered? It is important.

Hmmm, does canceling the current I-485 have the same effect as having it denied in this case (i.e. as it pertains to 245(i))?

Sorry to go off topic and it may be of no use to the OP, but it is kind of interesting.

[harley2936 0]

Well, only if the current application that is pending is not denied and he is declared "removable" before the alien was able to submit an application, yes.

245(i) also does not protect an alien from removal proceedings and does not grant other benefits such as employment authorization or advance parole. If an alien has been ordered to be removed from the U.S., he cannot apply for adjustment of status by using 245(i). Also, if an alien is put in a removal proceeding in the future, he or she cannot stop the removal proceeding by using 245(i).

.

Thank you....I will do that today. Man, this has been such a mess. I can't wait to start over and do it the right way from the get go.

If your soon-to-be husband EWI-ed (entered without inspection) 11 years ago, whether he withdraws the pending I-485 or not, he would be required to return to his homeland. An alien that has entered without inspection is statutorily ineligible to adjust status in the USA. If he has been in the USA 11 years without having adjusted status, then he has an 11 year unlawful presence, which would subject him to a 10 year bar to admission. What kind of lawyer have you been working with? This is immigration 101.

Does the fact the an I-130 was filed prior to 2001 mean he might fall under 245(i)?

IF he did EWI, that is. To the OP, do you know exactly how he originally entered? It is important.

Hmmm, does canceling the current I-485 have the same effect as having it denied in this case (i.e. as it pertains to 245(i))?

Sorry to go off topic and it may be of no use to the OP, but it is kind of interesting.

We were told by our lawyer and many people in private post that we are better off canceling the I485 so that it doesn't get denied when he goes to the interview on June 10. I have called the uscis so many times I can not even count.....and they have told me from day one that he was illegible to file the i485. They have sent him his work permit and travel documents, he has had his fingerprinting, and medical exam approved. He entered at the Saulte Ste Marie POE and than got married and than she filed the I130. What is the 245 in comparison to the 485? I hope I answered your question.