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Adjustment of status, still an option?

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Filed: AOS (pnd) Country: Mexico
Timeline

Hello everyone, my wife (USC) and I (intending immigrant) got some good news in today's mail. Her I-130 has been approved and I am now able to submit form I-485 for adjustment of status. However, we see a couple of issues that may cause some hiccups along the process. First, some history:

Entry:

I am 31 years old and have been in the US since November of 1990 (22 years), I have never left the country in that time.

My family entered the country on visitor visas, through a port of entry, with inspection.

Any I-94s or like documents have been lost or misplaced since our time of entry.

School/Work:

I graduated from a US high school.

I've worked in the US, illegally, and have used a fake SSN.

Marriage/Family:

We were married in Sept 2010 and have lived together since.

Our daughter was born in July 2011.

I-485 Filing:

We filed for adjustment of status concurrently with this I-130 application. USCIS sent us a RFE asking for affidavit of support (I-864). We sent the I-864 plus an additional I-864 from a joint sponsor. My wife is a stay at home mom and has no income at this time. USCIS responded with a second RFE for our joint sponsor, asking for his 2011 tax return, which was not available because he had filed an extension with IRS, therefore, the I-485 application was denied citing lack of evidence (the joint sponsor's tax return) and the money we paid for filing fees is gone.

Now that the I-130 is approved, our joint sponsor has said that his tax return is finally completed, filed, and available if we need it again. My concern is that since I-485 takes a few months to be processed, putting us past Jan 1, 2013, that USCIS will require our joint sponsor's 2012 tax return and he will not have that available until later in 2013. So my question is: is it wise for us to file again, using the same joint sponsor? Technically, his 2012 taxes aren't due to be filed until April 2013, so would it be wise for us to proceed at this point?

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When the I-485 was denied, did the denial mention anything about the lack of proof of lawful inspection? Normally this is a pretty big part of the I-485 approval. What did you submit to prove lawful inspection? I only mention this because it would be a shame to go through all the expense of re-filing, getting financials together again, and everything else only to be denied again for not having the inspection evidence. I've known a few people who lost their inspection evidence, and in the long run actually had to go through consular processing and the waiver process because they could not prove that they entered legally. Make sure this is not an issue in your case before you invest more time and money in the I-485 part of the process.


Long story short, we have a complicated case. We've been at this for nearly 5 years. You can read our story here. I highly recommend our attorney Laurel Scott, as well as attorneys Laura Fernandez and Lizz Cannon .

Filed I-130 via CSC in Feb 2008. Petition approved June 2008. Consular interview in Mexico, Oct 2008, visa denied, INA 212a6cii. We allege improper application of the law in this case.

2012, started over in Seoul: I-130 filed DCF on 7/2, I-130 approved 8/8, Medical at Yonsei Severance 11/20, IR1 appointment in November 2012.

CRBA filed 1-3-13 at Seoul for our daughter

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You can find me at

Immigrate2us.net as Los G :)

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Filed: AOS (pnd) Country: Mexico
Timeline

When the I-485 was denied, did the denial mention anything about the lack of proof of lawful inspection? Normally this is a pretty big part of the I-485 approval. What did you submit to prove lawful inspection? I only mention this because it would be a shame to go through all the expense of re-filing, getting financials together again, and everything else only to be denied again for not having the inspection evidence. I've known a few people who lost their inspection evidence, and in the long run actually had to go through consular processing and the waiver process because they could not prove that they entered legally. Make sure this is not an issue in your case before you invest more time and money in the I-485 part of the process.

Oh, I forgot to mention that I still have my passport that was used at the port of entry. It shows a stamp dated Nov 1990 and the nonimmigrant visa.

At any time did you claim to be a USC to get a job or into school ?

I can't say for sure. It's been a while.. It is possible, though.

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Filed: Citizen (apr) Country: Ireland
Timeline

**** Moving from K1 fiance visa to AOS from Tourist visa forum ****


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

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Well, if you claimed to be a USC that is a huge problem and you'll never be able to get a green card if USCIS finds out.

Assuming that isn't the case, though - you don't need the 2012 return unless you either file or are interviewed past April 2013.


OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

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Filed: K-1 Visa Country: Wales
Timeline

I does not, there seems nothing the OP has mentioned that would prevent him adjusting.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: Citizen (apr) Country: Venezuela
Timeline

Buddy you have more concerns than the taxes. If your interview is BEFORE april 2013, 2012 return taxes are totally fine. But I would be more concern that you have been illegal for years, you have a fake SSN, and you don't remember if you claim to be an US citizen. If I were you I would talk to an immigration lawyer, just in case. Maybe you will have a nice and smooth process with the AoS, but with that background is really hard to think that USCIS would let you walk out away from it,easily.

Don't get me wrong, I'm not judging you at all, but the fact is that you have a lot of in your plate right now and maybe having a good immigration lawyer by your side may helps you in case that things get harder.

The best of lucks pal! :thumbs: :thumbs: :thumbs:


OUR AMAZING JOURNEY 

 

2011

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2012

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2013                                                  2014                                                     2015

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Filed: Citizen (apr) Country: Nigeria
Timeline

Sn illegal ( entered without inspection) can usually never adjust status. Overstayers of visas can usually adjust if they are married to a USC. Illegal work is generally also forgiven if the spouse is a USC.


This will not be over quickly. You will not enjoy this.

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Filed: K-1 Visa Country: Wales
Timeline

Plenty have trod that path.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: IR-1/CR-1 Visa Country: Mexico
Timeline

Well, if you claimed to be a USC that is a huge problem and you'll never be able to get a green card if USCIS finds out.

Assuming that isn't the case, though - you don't need the 2012 return unless you either file or are interviewed past April 2013.

Agreed. Our lawyer told my brother in law if he ever once stated he was a USC or even just checked the USC box on any form that she had to stop the meeting right then & there and she would not be able to continue speaking to him or be able to take his case.

Good luck.


Started talking online: 12-24-2006

Started dating: 2-22-2007
Engaged: 12-24-2009
Married: 12-19-2010
First appointment with lawyer: 3-16-12
Sent I-130: 4-16-2012
Rcvd NOA1: 5-1-2012
Rcvd NOA2: 10-23-2012
Rcvd NVC bills: 11-02-2012
Paid NVC bills: 1-18-2013
Mailed off NVC docs & Provisional Waiver packet: 3-14-2013
NVC site status confirms "PROCESSING": 3-22-2013

Flew to CDJ: 10-18-2013

Approved for visa: 10-23-2013

Flew home <3 10-26-2010

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