Jump to content

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

3 posts in this topic

Recommended Posts

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  All went well until the officer asked if she had withdrawn the asylum request i-589. We affirmed it was withdrawn.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 You stated you have withdrawn Form i-589.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 Apparently, the i-589 was not yet withdrawn even though we both believed it was.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 Can the i-589 be withdrawn now and satisfy the requirement?  We are looked through everything we have and we do not even have the asylum case number, nor any proof it was withdrawn.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?

Share this post

Link to post
Share on other sites
Posted (edited)

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 by rkn777

Share this post

Link to post
Share on other sites

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.


Share this post

Link to post
Share on other sites
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.