Just starting off

[harley2936 0]

Okay...where do I start. My financee has been living in the US for 12 years and was married to an American and their divorce is final on 12-2-09. We have been together for two years and plan on getting married on 12-5-09. He had applied for his I485 and everything was filed and his fingerprints, medical exam and all processes done except for the final interview. Of course with them going through a nasty divorce and it dragging out...his lawyer had postponed two of the interviews to get us closer to the final divorce date. We went to his interview in Seattle 3 weeks ago and the interviewer said that he would request more evidence so that the interview decision would be delayed until after we got married. I have all the paperwork filled out and ready to send in as soon as we get married. But I was just wondering....on the I765 should I check to renew his current work permit, or do I have to file for a new one. I plan on sending in his copy of the medical exam also....not sure if they will except it, but it was performed less than a year ago. I will be sending in a cancelation of the case due to divorce to the field office. The new interview was rescheduled and we got the letter in the mail. Can anyone help? Thank you, Carla

[payxibka 10,044]

This has the makings of a procedural "nightmare" if you do it wrong...

What is his current immigration status? How did he enter the country 12 years ago?

What paperwork do you have filled out and ready to go?

How confident are you with the advice from the attorney regarding immigration matters? (must not be or you wouldn't be here, right?)

I gotta believe that a decision on his current I-485 needs to be rendered before you can even begin to petition for him...

One thing I am certain about as this is NOT a K-1 visa issue... moving thread to different forum

Edited November 30, 2009 by payxibka

[harley2936 0]

This has the makings of a procedural "nightmare" if you do it wrong...

What is his current immigration status? How did he enter the country 12 years ago?

What paperwork do you have filled out and ready to go?

How confident are you with the advice from the attorney regarding immigration matters? (must not be or you wouldn't be here, right?)

I gotta believe that a decision on his current I-485 needs to be rendered before you can even begin to petition for him...

One thing I am certain about as this is NOT a K-1 visa issue... moving thread to different forum

[harley2936 0]

This has the makings of a procedural "nightmare" if you do it wrong...

What is his current immigration status? How did he enter the country 12 years ago?

What paperwork do you have filled out and ready to go?

How confident are you with the advice from the attorney regarding immigration matters? (must not be or you wouldn't be here, right?)

I gotta believe that a decision on his current I-485 needs to be rendered before you can even begin to petition for him...

One thing I am certain about as this is NOT a K-1 visa issue... moving thread to different forum

Thank you for your reply. I was not sure what section to put it in. So how do I find out what forum you put it in? I am a neebie. 12 years ago he came in not inspected and than they filed a I-130 and it was approved. We have been back to Canada with his travel permit 3 times with no problems. I am not sure if that means anything. I have the I485, I130, I765, G325's filled out and all evidence that is requested ready.

[payxibka 10,044]

I moved the thread already....

Again, I believe his current I-485 needs to be resolved before you can do anything... I am certain an alien cannot have two pending applications to register as a resident.

[harley2936 0]

I moved the thread already....

Again, I believe his current I-485 needs to be resolved before you can do anything... I am certain an alien cannot have two pending applications to register as a resident.

Thank you for moving the thread for me. The old petition will be canceled before I file for sure. I will make sure of that. At that point I will be sending in the I485 packet with the I130 petition.

I guess I was just wondering if we could use any of the old material that has already been accepted. When we were at the Seattle office the investigator told us to send in a cancelation for the hearing due to divorce and file the new packet with an explanation timeline to the events that lead up to the new petition and that it should be a go.

[payxibka 10,044]

My understanding is that any application/petition needs to "stand alone" with no ability to "incorporate by reference" to anything previously filed.

[harley2936 0]

My understanding is that any application/petition needs to "stand alone" with no ability to "incorporate by reference" to anything previously filed.

Okay thanks for the info...I have been hearing that too. So do you think it would be beneficial at all for me to send any of the approved previous documents along for evidence when I send in the packet? As you can tell, our lawyer was really no help to us at all except to cash the check, and than ignore us. So any info would be greatly appreciated.

[payxibka 10,044]

If you think it will help your case... but I really do not see how, since another personal interview all but guaranteed and that is where his entire immigration file including previous filings et al... will come up.

[harley2936 0]

My understanding is that any application/petition needs to "stand alone" with no ability to "incorporate by reference" to anything previously filed.

Okay thanks for the info...I have been hearing that too. So do you think it would be beneficial at all for me to send any of the approved previous documents along for evidence when I send in the packet? As you can tell, our lawyer was really no help to us at all except to cash the check, and than ignore us. So any info would be greatly appreciated.

I guess I will just start all fresh and new and go from there. Thank you again for all your information. I will be logging on alot more once I get all the paperwork actually sent in. And I am hoping you will help out than if I have any concerns. Thanks, Carla

[Anh map 2,098]

Did his deportation issue get taken care of so you aren't worried about that anymore?

[harley2936 0]

Did his deportation issue get taken care of so you aren't worried about that anymore?

Well I guess I will have to worry about that until I get the papers filed. Just getting the timing down with canceling and applying.

[Anh map 2,098]

Did his deportation issue get taken care of so you aren't worried about that anymore?

Well I guess I will have to worry about that until I get the papers filed. Just getting the timing down with canceling and applying.

Hope it gets sorted out. Glad to know you guys are working through the tangled mess.

[harley2936 0]

Did his deportation issue get taken care of so you aren't worried about that anymore?

Well I guess I will have to worry about that until I get the papers filed. Just getting the timing down with canceling and applying.

Hope it gets sorted out. Glad to know you guys are working through the tangled mess.

Thank you for the kind words....keeping my fingers crossed and we will see what happens. I just have to make sure everything from the previous one is canceled before I can get the new one filed. That will be the trick I guess. I am wondering if you have any advice on whether we should send in a letter of cancelation or go in for the interview in three weeks and have them cancel it and turn in all his documents. Like his travel and work permits?

[harley2936 0]

I do file the I 130 along with my aos right? I am second quessing all my research now that it is getting down to actually sending it all in.