Tourist visa to i-589 to marriage based i-485 interview outcome

[rkn777 0]

Had our AOS interview after filing marriage-based i-485.  All went well until the officer asked if she had withdrawn the asylum request i-589. We affirmed it was withdrawn.

Today got RFE saying:

"USCIS records show you have a pending i-589, Application for Asylum and for Withholding of Removal. You stated you have withdrawn Form i-589. Please submit documentation to establish your withdrawal of Form i-589"

 

It was our understanding that the attorney we used filed the i-485 along with a letter asking for withdrawal of the i-589. Apparently, the i-589 was not yet withdrawn even though we both believed it was. Of course, all this happens on a Friday night. But our attorney has never impressed me. 

What is going to happen now? Can the i-589 be withdrawn now and satisfy the requirement?  We are looked through everything we have and we do not even have the asylum case number, nor any proof it was withdrawn. I think the atty didn;'t do it correctly. 

Otherwise, the interview went fine, we had lots of documentation. We have been married for 16 months.

Any help?

[rkn777 0]

We do have the letter the lawyer wrote in June of last year to USCIS asking for withdrawal. It was sent with her alien number when the i-485 was filed, However, it now appears it is still in their system as a pending i-589. Where to go from here?

Edited October 6, 2018 by rkn777

[laufine 55]

If you applied for I-589 before. you should have your A number. You may use your A number to check if your case is in the system or not. 

It's your attorney's mistake. It's yours as well. Both of you have to make sure the case is closed. 

Let your attorney to do his/her job. You pay for it. I think you still have time. Go to your attorney's office on Monday and let him do something.