I130 AND I485

[Yemozy 0]

Hello All

I am a new member here, sometimes last year my then fiancee applied for a K1 visa for me and i was approved but at the embassy i was found illegible for visa but i was given an option of waiver,.

i am married to my wife now and we applied for a CR1 visa and a waiver together and we sent it to the lockbox in phoenix but it was returned because the eligibility we filled under requires that we file for i485 also. so we are asked to resubmit the i130 with the i485 and with the appropriate fees

but my question is.. based on what i have read so far about the cr1 visa and the i485, the cr1 visa is for couples who have been married for less than 2 years and i can only adjust 90 days before my second year wedding anniversary and the i485 form is for adjustment of marriage.

right now, my marriage is not up to 2 years and we are asked to filled the i485 visa...

my question is, could there an error or a problem somewhere or what could be the possible explanation for this..

i will really appreciate all your suggestions and welcome questions..

thanks and God bless

will really appreciate all suggestions, questions and views..

thanks

Edited November 10, 2012 by Yemozy

[Darnell 8,480]

use of I-485 is only for adjustment of status for those folk INSIDE of the USA.

Where are you ?

[Penguin_ie 6,005]

You are confused between many different processes that do not always work together:

1. K1 visa (not relevant to you anymore

2. CR-1 spousal visa (relevant if you are outside the USA)

3. Adjustment of Status (relevant if you are inside the USA)

4. Removal of Conditions (done after 2 years of marriage if you entered the USA before the two years).

[Ismail+Cassie 36]

Sorry im not answering ur question but If you don't mind me asking, how is one illegible for a visa? Cuz it seemed u didn't even know u couldn't get one and it makes me worry a bit..what kind of things make u illegible ?

[Yemozy 0]

i also think they made a mistake.. i am in turkey now and i shouldnt be filling for adjustment of status... my lawyer will be contacting them today

[pushbrk 14,250]

i also think they made a mistake.. i am in turkey now and i shouldnt be filling for adjustment of status... my lawyer will be contacting them today

Sounds like your lawyer filed the wrong waiver. What was the reason you were found ineligible the first time?

[Yemozy 0]

Sounds like your lawyer filed the wrong waiver. What was the reason you were found ineligible the first time?

i was ineligible because i once applied for a visiting visa and i misrepresented my date of birth... please i urgently need help

[Yemozy 0]

Hello guys

I need your help, I am a US Citizen and my husband is a Nigerian Living in Turkey, he once applied for a visit visa but was denied in 2008 but he later moved on.. i met my husband in 2010 and we applied for a k1 visa and was denied based on misrepresentation of informations.

Now we are married, we applied for the CR1 visa and the waiver. but it was sent back back asking us to file for i-485 with the CR1 visa.

the issue here is, the waiver cannot be sent to the american consulate in Ankara turkey because they do not accept waiver application in turkey and it has to be sent to a lock box in phoenix.

I sent the waiver to phoenix and the CR1 visa to the lock box in Chicago but both was returned and was asked to filed for i-485 with the CR1 visa.. and as i understand from my little research online, the i-485 is for changing of his status when he gets to the USA but he is not in the USA now...

the problem here is, he needs to file for the waiver which cannot be filled in turkey, and i cant send the waiver for him because his interview will be conducted in Chicago and not in the US. so what do we do..?

I will welcome all response because we need urgent help

Thank you all...

[NigeriaorBust 4,092]

What did he misrespresent on his visa ? You need to determine that whatever he did is waiverable. Most likely it is. You then should be denied the visa and be told that the inadmissibility is waiverable. They are probably confused by the lack of a recently denied petition. What did they tell him about submitting a waiver at the K1 interview ?

[Ebunoluwa 6,140]

You need to consult an attorney experienced in misrepresentation waivers. This is very serious and not just about filling out a waiver form. You need a hardship letter with it.. Go to immigrate2us.net for detailed waiver help. You have a long and difficult road ahead of you.

[Penguin_ie 6,005]

*** two tpics merged and a third without answers removed. PLease do not post more than one topic on an issue. If you feel you need more answers/ something is unclear, post a reply in your original topic ****

[pushbrk 14,250]

You need to consult an attorney experienced in misrepresentation waivers. This is very serious and not just about filling out a waiver form. You need a hardship letter with it.. Go to immigrate2us.net for detailed waiver help. You have a long and difficult road ahead of you.

This is the most correct answer. The kind of waiver needed in this case, cannot be filed until after the visa is denied. A previous visa denied because of a material misrepresentation is a very serious matter. Consult a qualified immigration attorney with direct successful experience doing hardship waivers regarding misrepresentation denials. www.immigrate2us.net is a good place to start.

[Yemozy 0]

Sounds like your lawyer filed the wrong waiver. What was the reason you were found ineligible the first time?

i am lost right now.. i am ineligibible for visa on the grounds of misrepresentation and i was given an option of a waiver..

yes I have a Attorney but he dont know where too send it off we are having a baby and I am due in june and we are trying too find out where do we send it too since he is not here and they dont accept the waivers in Turkey

What did he misrespresent on his visa ? You need to determine that whatever he did is waiverable. Most likely it is. You then should be denied the visa and be told that the inadmissibility is waiverable. They are probably confused by the lack of a recently denied petition. What did they tell him about submitting a waiver at the K1 interview ?

he was told that he was denied based on his misrepresentation of his information (age) and he can apply for a waiver... they have the case number, i dont think they should be confused about the lack of the recently denied petition..

Edited November 20, 2012 by Yemozy

[pushbrk 14,250]

i am lost right now.. i am ineligibible for visa on the grounds of misrepresentation and i was given an option of a waiver..

yes I have a Attorney but he dont know where too send it off we are having a baby and I am due in june and we are trying too find out where do we send it too since he is not here and they dont accept the waivers in Turkey

he was told that he was denied based on his misrepresentation of his information (age) and he can apply for a waiver... they have the case number, i dont think they should be confused about the lack of the recently denied petition..

If you've gone all the way through the spouse visa process and your spouse visa was denied at interview, now is the time to file the hardship waiver. Your initial post says you filed for visa and waiver at the same time. Please clarify what has and hasn't been done.

[Yemozy 0]

You need to consult an attorney experienced in misrepresentation waivers. This is very serious and not just about filling out a waiver form. You need a hardship letter with it.. Go to immigrate2us.net for detailed waiver help. You have a long and difficult road ahead of you.

please can you introduce me to some experienced attorneys... i currently have an attorney now but he currently doesnt know this process very well..please your help is needed urgently