D&Dtrust

Excellent points, everybody. I've cancelled my appointment at the local field service tomorrow. Too much to absorb, and obviously they're handing out bogus info. I'll just hang tight a while and see what happens at NVC.

I've gone back and read the fine print of the approved I-130, dated Oct 12, which basically states that he is not eligible for AOS and therefore the I-130 approval notice is being forwarded to NVC. From that letter, I'd thought his I-485 had already been denied, but technically it wasn't officially denied until Nov 3.

Fortunately the misrepresentation is also waivable, as well as the overstay. Here's a link.

https://www.uscis.gov/policymanual/Print/PolicyManual-Volume9-PartG.html

If possible, I will go along with my husband whenever he gets his embassy visa interview, whether or not they let me go in with him.

I've also read that the I-601 has to be submitted after denial. I'll let you know what happens.

I like to look on the bright side.

Whenever he gets here, it'll be after 2 years of our marriage, so the permanent residency should be good for ten years instead of two. :-)

Thanks. You're right, but assumed wrong.

We submitted the forms based upon the advice of two immigration attorneys in two states. We would have been fine if he'd stayed here. FWIW, the closest decent immigration attorney is 4 hours from us, but still, we did make the trip to go consult him in person. He told us to file the exact same forms the other attorney on the east coast, where my husband used to live, told us to file.

An online attorney consult tonight - not a freebie - told me to file an I-824, which will get the I-601 and the I-130 transferred to visa/consulate. She said that this I-601 will be good and I don't have to resubmit it. So far, she said nothing has been wasted, and everything has been needed - except the abandoned I-485.

So now, there's agreement among 3 attorneys.

Update, today I've received notice of receipt of the I-601, as of 10-25-16, with the assigned MSC number.

If my husband's sister hadn't had the medical emergency, we'd have been fine. BUT now it's all messed up because he left the country to try to go see her before she died.

Basically, if there's no way to reopen the AOS due to abandonment, then I'm only asking what the process is to get the results of the I-601 and I-130 files transferred over to NVC and consular processing.

Thank you to those of you who have responded and who have pm'ed me. It sounds like I need to start a spousal visa, an AR-11, and perhaps later, an I-824?

No way am I going to send enough money for my husband to be able to get an airline ticket to re-enter until this is finalized! ;-)

Thank you everyone!

He used another Ghanaian's passport and visa. Yes, he was inspected. No, he did NOT use paperwork at any time claiming to be USC. He has never claimed benefits. His friend gave my husband his visa and passport. The two men resemble each other in their photos.

I have worked on this I-601 extreme hardship waiver for months, because I expected him to be denied as inadmissible. There are over 120 salient attached exhibits!

I took my first version of the I-601 with us to our interview in July, 2015, but did not submit it at that time as the officer was so encouraging.

I had taken the updated version with me to my Wichita Local Field Office appointment. (almost 1½ years had passed since our interview, so it needed some updating) I HAD MY I-601 WITH ME AT THAT APPOINTMENT AND SHOWED IT TO STAFF PERSON WHO TOLD ME TO GO SEND IT immediately to Phoenix. So after my appointment, I drove 2 miles to a FedEx office and overnighted it to Phoenix.

My husband is inadmissible for fraudulent entry, but yes, he was inspected. He overstayed longer than a year.

We applied with I-130 and I-485 simultaneously. We expected immediate denial of AOS at our interview, back in July, 2015, so I already had the I-601 fully prepared and ready to hand to the officer. BUT the interview went very well, with the officer saying we'd hear in 90-120 days. Nothing happened. After 1 year, I submitted online"Outside Normal Processing Time" and was told it's in process, outside normal processing time.

My husband's sister had a stroke and there was not time to get advance parole to see her. In fact, she actually did die before my husband got there.

The "THEY" who recommended that I immediately file the I-601 AND who told me they would try to "adjust status abroad" was the Wichita Local Field Office, at my appointment with there on October 24, 2012, twelve days after our I-130 was approved. It was the exact same place who then denied the AOS I-485 nine days later!

I, the USC, am in the USA. My husband is in Ghana.

I'm a newbie, and apologize for my lack of protocol here. Btw, what does "OP" mean?

I'm the USC spouse, approved I-130, original applications submitted April 2015. While awaiting I-485 decision, my husband went back home without time to get advance parole because his sister was dying. She actually died before he got to see her. We'd expected denial for inadmissibility for fraudulent entry and illegal presence, and had I-601 already filled out. I went to local field office 10/24/16 and explained situation. THEY said to send in I-601 immediately to Phoenix Dropbox so that, if approved, he could then "adjust status abroad." I sent off the I-601 the same day and it was received the next morning. Only 9 days later the local field office finally denied our I-485 - for abandonment of application, without even bothering to deny on inadmissibility! They simply used the info I had given them at my appointment to deny us! Our application had been sitting in the local field office all that time. My hubby is now stuck in Ghana. I am in my sixties, with many health problems, and am confident an I-601 will eventually be approved.

· Is there even a process called "adjusting abroad" as the local field office claimed?

· Will this I-601 even be decided, or is it wasted?

· If this I-601 is processed and approved, will the I-485 denial be voided, and our AOS approved?

· Should I request USCIS to reopen our case with its OWN SERVICE MOTION, with a "sua sponte motion" since THEY told me how to proceed and then they immediately prematurely denied the I-485 while the I-601 is just started, pending?

· Or should I try to reopen using I-290b, even though it's expensive, with added wait time?

· Or should I give up on USCIS and simply start over and resort to the National Visa Center and consular processing? (NVC has not yet received our I-130 approval and so there is no case there yet.)

· Will this I-601, if processed and approved, be forwarded to NVC and suffice for expected denial of Immigration Visa through consular processing on grounds of inadmissibility, or will I have to submit another one later?

· Should I register a complaint to the Central District Director or higher about local field office - way beyond normal processing times, instructing me to submit hardship waiver then immediately denying AOS, claiming we could "adjust status abroad"?

· Should I start involving my Senator's help?

I'm the USC spouse, approved I-130. While awaiting I-485 decision, my husband went back home without getting advance parole because his sister was dying. She actually died before he got to see her. We expected denial for inadmissibility, and had I-601 already filled out. I went to local field office and explained situation. THEY said to send in I-601 immediately so that, if approved, he could "adjust status abroad." I sent off the I-601 that day and it was received at Phoenix Dropbox the next morning. 9 days later the local field office denied our I-485 for abandonment, without even bothering to deny on inadmissibility. My hubby is now stuck in Ghana. I am older, with many health problems, and am confident an I-601 will eventually be approved.

· Will this I-601 even be decided, or is it wasted?

· Should I try to negotiate with USCIS to reopen because THEY told me to file I-601 and then didn't wait for the decision?

· Will this I-601, if approved, suffice for expected denial of Immigration Visa through consular processing on grounds of inadmissibility, or will I have to submit another one later?

· Will NVC let me start the IV application process while this I-601 is pending?

· Is there even such a process as "adjusting abroad", as the local field office claimed?