Filing out I-130 for spouse, help needed

[User293148126357 1]

Hello.

 

My spouse and I were engaged while she was a green card holder. I'm a US citizen. We have now gotten married, and I'm trying to fill out an I-130 for her, but we're having a problem with some of the questions (specifically the ones relating to her travel documents and their expiration date, etc).

 

The reason is because she came to the U.S. with an F1 visa for middle school (~10-11 years ago). Then she received a family-based green card. Later, she applied for an I-751 while still a minor (17 years old). Her case took a long time and eventually she was sent a denial letter for missing an interview. However, she never received an interview letter, so she filed for an I-291B. Unfortunately, this appeal was also denied, because her lawyer applied under the wrong condition.

 

With all this information, I have the following questions:

 

- Is her F1 visa the 'travel document' referred to in the I-130 form (What is the beneficiary's Travel Document number?)? 

- Should we enter her old passport's number used for her F1 visa, or her current passport for this question "What is the beneficiary's Passport number?" ?

 

FYI, I'm gonna write a cover letter to explain her immigration history to avoid any misunderstandings. I'm gonna also provide copies of her F-1 and green card documents to show she was always here legally and never put in removal proceedings.

 

Would appreciate any other advice as well. Thanks.

[Boiler 43,434]

Have you done a FOIA?

[User293148126357 1]

6 minutes ago, Boiler said:

Have you done a FOIA?

Are you referring to the freedom of information act? is that a requirement? I wasn't aware

[Boiler 43,434]

It is not a requirement.

[User293148126357 1]

4 minutes ago, Boiler said:

It is not a requirement.

May I ask why you asked about it? Just wondering if you think it'll be helpful 

[Chancy 6,233]

*** Moved from K1 Process & Procedures to IR1/CR1 Process & Procedures ***

 

[Chancy 6,233]

11 hours ago, User293148126357 said:

Are you referring to the freedom of information act? is that a requirement?

 

It's not required.  But if your spouse has a denied I-751 and I-290B, she could have been sent an NTA for removal proceedings.  FOIA might give more information on all the correspondence that USCIS sent.

 

I also recommend hiring a competent immigration lawyer as this is not a straightforward case, given your spouse's immigration history.  Is your spouse still in the US?

 

[User293148126357 1]

27 minutes ago, Chancy said:

 

It's not required.  But if your spouse has a denied I-751 and I-290B, she could have been sent an NTA for removal proceedings.  FOIA might give more information on all the correspondence that USCIS sent.

 

I also recommend hiring a competent immigration lawyer as this is not a straightforward case, given your spouse's immigration history.  Is your spouse still in the US?

 

She was never sent an NTA. We have also been checking from this website we saw recommended here (https://acis.eoir.justice.gov/en/) and she has no proceedings for her A number. We talked to a lawyer and they said it can take time sometimes.

 

We can't afford a lawyer currently, and we don't have the time to save up to hire one. She is still in the US. She just completed her degree and she starts another degree program this August. So, we're hoping to file soon. Do you have any idea how long it might take if we request an FOIC? 

[Chancy 6,233]

1 minute ago, User293148126357 said:

She is still in the US

 

If she is still in the US, has a green card, and no NTA, then she is still an LPR.  Why not file another I-751 instead?  Your I-130 will be denied if she is still an LPR.

 

Requesting input from @mindthegap re: filing new I-751.  TIA

 

[User293148126357 1]

16 minutes ago, Chancy said:

 

If she is still in the US, has a green card, and no NTA, then she is still an LPR.  Why not file another I-751 instead?  Your I-130 will be denied if she is still an LPR.

 

Requesting input from @mindthegap re: filing new I-751.  TIA

 

Does she still have a green card in this case?

 

Her 2-year green card has already expired. During the years when her I-751 was being processed, she received extension letters and I-551 stamps. Her last stamp expired and her I-751 was denied. We were under the impression that she is not an LPR. This is also why the lawyer we spoke with said to file fast since she's kind of in the grey area right now, and it's the reason why they don't send an NTA immediately in case you will be filing a new case.

[carmel34 3,531]

2 hours ago, User293148126357 said:

We were under the impression that she is not an LPR.

Try calling USCIS and ask for a tier 2 supervisor to find out if she is still in the system as an LPR.  Only an immigration judge can revoke her status as an LPR.  If she is still an LPR, file a new I-751 with supporting documents.  She will then need an ADIT stamp in her passport each year or a new version that can be requested from USCIS and sent by mail.  If she is not an LPR, there would have been an NTA sent and a judge revoked her LPR status because she did not appear.  USCIS should be able to tell you.  If not, try a FOIA request.  If you can confirm that her LPR status was revoked, take out a loan, hire an experienced immigration attorney, and file an adjustment of status package, including an I-130.  Here is the guide:

 

 

Edited May 23, 2023 by carmel34

[Family 3,483]

Just go ahead and file the I-485 /I-130 now ..you will be fine …and she will adjust on new basis ..

. 

 

https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20191121-CPRs-Stockwell.pdf
Adjustment on New Basis After Termination of Conditional Permanent Residence

[Family 3,483]

1 hour ago, carmel34 said:

Only an immigration judge can revoke her status as an LPR

No longer the case if as in OPs circumstance, there exists a new basis to adjust..as spouse of USC // I-130

 

https://www.uscis.gov/archive/uscis-issues-guidance-on-adjustment-of-status-by-aliens-whose-conditional-permanent-residence-has

[User293148126357 1]

1 hour ago, carmel34 said:

Try calling USCIS and ask for a tier 2 supervisor to find out if she is still in the system as an LPR.  Only an immigration judge can revoke her status as an LPR.  If she is still an LPR, file a new I-751 with supporting documents.  She will then need an ADIT stamp in her passport each year or a new version that can be requested from USCIS and sent by mail.  If she is not an LPR, there would have been an NTA sent and a judge revoked her LPR status because she did not appear.  USCIS should be able to tell you.  If not, try a FOIA request.  If you can confirm that her LPR status was revoked, take out a loan, hire an experienced immigration attorney, and file an adjustment of status package, including an I-130.  Here is the guide:

 

 

Thank you for the advice. We did call USCIS and the agent wasn't able to see her current status, so they put us on the call back list. The agent was able to see the I-290B decision of denial, but they said they could not see a denial for the I-751. Is this odd? We do have papers from USCIS stating decision of denial, but apparently it is not on the system? We also don't see the denial on her online case status. The last thing on there is that the case was transferred to another office, but then no other updates (no interview invite as they're stating either).

 

But in the meantime we'll be preparing the paper work for the I-130/I-485 and the I-751 just so everything is ready to file as soon as we hear back from the tier 2 agent.

[User293148126357 1]

6 minutes ago, Family said:

No longer the case if as in OPs circumstance, there exists a new basis to adjust..as spouse of USC // I-130

 

https://www.uscis.gov/archive/uscis-issues-guidance-on-adjustment-of-status-by-aliens-whose-conditional-permanent-residence-has

Sorry, do you mean we should be able to apply because there is a new basis (spouse of USC)? Or is it no longer the case because the decision has been changed?