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meuy99

I-360 approved, is a new I-485 needed?

By meuy99 in Effects of Major Family Changes on Immigration Benefits

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meuy99   4

Posted
Filed: Lift. Cond. (pnd) Country: South Africa
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Posted

Hi Everyone,

 

I'm asking for a friend since I've tried to look through some threads and am not too sure what her options are.  She was married to a USC and applied for a i-485.  During the waiting process, they got divorce, he was abusive and she filed for an i-360 and was approved.  She spent a lot of money on a lawyer and the lawyer doesn't seem to be doing much or my friend isn't asking the right questions. Her English isn't great, so I think things may have also gotten lost in translation between her and her lawyer.  Anyways, she cut ties with the lawyer.  I was going through her paperwork and saw that she received a interview letter for her i-485 before she was approved for her i360 but she didn't go because it requested for a joint interview.  I don't know if my friend or her lawyer filed any sort of paperwork saying that she was applying for a i-360 (or if she had to file one) .  Again, not sure if she had a bad lawyer, or she just didn't understand the letter, but needless to say nothing has happened since with her 485.  She was approved for her i-360 Dec 2015.  There was a letter a couple of months after the interview (in May 2015) that said her 485 application was transferred to the VSC.  No updates since then and online case status just says the case was transferred to VSC.  

 

My friend spoke to an attorney over the phone and one advised her that she has to fill out a new i-485.  She was quoted $5k by one lawyer.  I don't want her to spend that kind of money, I'm sure she's going to end up asking me for her, so I don't want to spend that kind of money (I'm listed as her financial sponsor) and am fairly confident I can help her with the paperwork since I've done all the paper for my husband from the K-1 to his 751 (thanks to the help of VJ).  My question is: what are her options for next steps?  Does she wait out her pending 485 or apply for a new one?  I've also made an infopass appt for her on July 24th so she can go and talk to someone, not sure if it'll be helpful (btw- thanks VJ for the tip to check infopass at midnight!) Thanks in advance for any help.

 

Cheers. 

Removal of Conditions


Sept 24 2016 - resent packet (1st attempt arrived 2 days too early due to miscalculation of 90 days)




AOS Timeline


8/9/14- Mailed I-485/131/765 (took a long time to get our Marriage Certificate)


8/15/14- notified via text and email that application was accepted on 8/12 and being processed.


9/8/14- Biometric done; 11/5/14- EAD/I-131 Approved/Card Production


11/5/14- AOS moved to testing/interview; 11/13/14- EAD/AP Combo card REC'D


12/16/14- AOS Interview- APPROVED! 1/3/15- Green card approved.



K1 Timeline


8/16/2013 I-129F Sent via UPS to Lewisville, TX 9/25/2013 Hard copy of NOA 2 received dancin5hr.gif


8/19/2013 I-129F CSC Received 10/29/2013 Got email from NVC with case number (NVC rec'd)


8/20/2013 NOA1 10/30/2013 Left NVC


8/22/2013 Notice that Alien Registration Number was changed 11/04/2013 Consulate Rec'd


8/26/2013 NOA1 Received by mail 11/12/2013 Packet 3 rec'd


9/20/2013 Email notice of NOA2 (31 days)



02/04/2014 After many months of waiting and frustration, FI finally got his birth certificate, passport and police clearance from his home country and we received an SMS today stating that his SA Police Clearance was finalized.


02/18/14 Police Clearance rec'd


2/20/14- Second packet 3 sent to consulate


2/27/14 Followed up with Consulate to get interview date. They schedule an interview for 2/20 when he submitted the application of readiness (what we had to do to extend his NOA2) on 1/21, but they didn't notify us of that appointment, so we missed it.


3/27/14- Interview- APPROVED!!!


4/10/14- FI entered US via LAX and flew to SF 6/14/14- Civil Ceremony

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Sandra G. Veteran

Sandra G.   5,025

Posted
Filed: Other Country: Brazil
 Timeline
Posted
3 hours ago, meuy99 said:

Hi Everyone,

 

I'm asking for a friend since I've tried to look through some threads and am not too sure what her options are.  She was married to a USC and applied for a i-485.  During the waiting process, they got divorce, he was abusive and she filed for an i-360 and was approved.  She spent a lot of money on a lawyer and the lawyer doesn't seem to be doing much or my friend isn't asking the right questions. Her English isn't great, so I think things may have also gotten lost in translation between her and her lawyer.  Anyways, she cut ties with the lawyer.  I was going through her paperwork and saw that she received a interview letter for her i-485 before she was approved for her i360 but she didn't go because it requested for a joint interview.  I don't know if my friend or her lawyer filed any sort of paperwork saying that she was applying for a i-360 (or if she had to file one) .  Again, not sure if she had a bad lawyer, or she just didn't understand the letter, but needless to say nothing has happened since with her 485.  She was approved for her i-360 Dec 2015.  There was a letter a couple of months after the interview (in May 2015) that said her 485 application was transferred to the VSC.  No updates since then and online case status just says the case was transferred to VSC.  

 

My friend spoke to an attorney over the phone and one advised her that she has to fill out a new i-485.  She was quoted $5k by one lawyer.  I don't want her to spend that kind of money, I'm sure she's going to end up asking me for her, so I don't want to spend that kind of money (I'm listed as her financial sponsor) and am fairly confident I can help her with the paperwork since I've done all the paper for my husband from the K-1 to his 751 (thanks to the help of VJ).  My question is: what are her options for next steps?  Does she wait out her pending 485 or apply for a new one?  I've also made an infopass appt for her on July 24th so she can go and talk to someone, not sure if it'll be helpful (btw- thanks VJ for the tip to check infopass at midnight!) Thanks in advance for any help.

 

Cheers. 

First of all your  sponsorship is over. USCIS WILL ask her to  file  l864W, victims of abuse doesn't need a sponsor. 

 

Considuring what you said her l485 wasn't denied and they ttransferred to Vermont. If her l485 is still pending she doesn't need to file  a new one.

 

 Tell her to go to infopass and if her l485  is still pending then she doesn't need to file a new one.

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