above_and_beyond

May 31, 2023 - i485 APPROVED WITHOUT INTERVIEW!!! 

Note our i-131 was already approved a year ago. Additionally the Medical Exam was sent after the original forms and asked to be added to the file (we didn't realize we could send it with the original app as our Lawyer didn't advise us to). 
 

If we hadn't requested expedites on everything I'm convinced we would have had nothing by now. Both Work and Travel permission were expedite requests (with valid reasons). i-485 has just been sitting in limbo since it was submitted in March 2022. The amount of time for the inquiry just keeps increasing too from 13 months to now 15 months. I'm guessing in another 2 months it'll increase to 18 months. The work permission and travel permission have been very helpful (received separately months apart). However I am a bit nervous that everything we've built up and be taken away from us if the i-485 isn't approved.

On 2/4/2023 at 4:59 AM, IrishLaura said:

Hey guys!
My husband and I submitted our AOS on March 11th 2022. We got an RFE for additional tax info on August 29th. November 21st case updated to being actively reviewed. January 31st 2023 case updated to being actively reviewed again.

February 3rd we got a request for additional evidence - submit a completed form I-693, Report of Medical Examination and Vaccination Record. 

I completed my medical exam in Ireland before entering the USA and gave it to immigration at point of entry. 

Our attorney has responded to this request stating that “a medical examination is not required of an applicant for adjustment of status who entered the United States as a non immigrant spouse or fiancé of a United States citizen if the applicant was medically examined prior to, and as a condition of, the issuance of the nonimmigrant visa; provided that the medical examination must have occurred not more than 1 year prior to the date of application or adjustment of status.”

 

Has anyone else had this issue and been able to have the second medical exam cancelled? Or are we better off to bite the bullet and do it all over again? Thanks!!

You should absolutely without hesitation do a second I-693 examination here and send that instead of your attorney's response. You're risking a delay or worse.

Anyone been able to get their APs outside of Expedite? Two AP Expedites have gone unanswered over the course of 80 days (40 days apart each). I understand an Emergency expedite can be requested but those are typically for a short period of time and it would be nice to get the proper one while we wait.

Kinda depressing reading how fast the April 2022 filers are getting EAD cards. It appears having biometrics on file actually slows that process down substantially as no one checks your file and approves it!

Ugh.. 4+ months now without at least EAD is frustrating.

receipt of application and re-using old biometrics: March 9th 2022 I-130 already approved. 

i485 AOS being actively reviewed: June 16th 2022

EAD and AP both showing nothing just receipt notice.

How is everyone else's EAD and AP going? 

14 hours ago, Chancy said:

 

Did you enter the US on a K1 visa?  K1 do not need to file I-130 if they married within 90 days of entry.

 

If not, then the request for relationship evidence seems like another miss by your lawyer.  If you and your spouse had been together for that long even prior to marriage, your original I-130 submission should have been loaded with quality evidence.

 

 

I-130 approval does not grant any benefits to legally stay in the US.  It only serves as basis to be able to adjust status or apply for a visa.  So it's more part of the beginning of the immigration process rather than the end.

 

That's frustrating when we applied for the I-130 we were informed by the lawyer that most of the evidence would be provided during the Interview and that only Marriage Cert would be needed at the time of initial submission. I can't help but feel everything has been delayed by this inept counsel. This wasn't either a fly by night operation, this is a proper attorney that cost thousands of dollars outside of fees!

1 hour ago, arken said:

For i130? 
Then do provide enough by deadline. If they don't get it by due date, your i130 will be denied. If so, you can't file the new i485.

if they asked it for i130, that means your i130 evidences aren't strong.

 

Yes, i130 doesn't get impacted by i130 denial .

 

Really appreciate your follow up. This is actually their first request for relationship information for the i-130. It's odd that it's dated on the same day as the i-485 denial. We didn't even get to the point for an interview yet only bio metrics. 

That's interesting that the i-130 can continue irrespective of the i-485. The relationship history is pretty strong though. Long 5 year courtship. 3 year marriage.

Of course with this idiotic i-485 denial it might make sense to go over the top with provided information now. Thinking Affidavit, previous trips together before and after marriage. Lease. Car insurance. Utilities. Etc. 

Is there a chance the i-130 might be approved before a secondary i-485? Would the i-130 approval basically be the end of it? 

Does anyone know if the i-130 will continue after the i-485 has been denied? They asked us to submit the affidavits and other relationship verifications in mail on the same day the denial of i-485 was sent.

9+ more months.. Remarkable.... Our lawyer should be disbarred for such an oversight.

1 hour ago, arken said:

Had you not filed for EAD along with initial i485? It would have at least allowed you to work till i485 got denied.

 

Anyway, the best is to file for AOS asap along with EAD/AP. In that case if EAD is issued sooner than GC, you can start working earlier. Make sure you include everything this time including evidences of current income for self employed people. Good luck and this time save attorney fee for urself.

We had actually it basically never got issued. I guess we'll have to do it again. What's the typical time for an EAD?

Thanks

Thanks for detailed follow up. I'm pretty frustrated that something so simple has now caused nearly a year of delays and back and forth headaches. Honestly I can't imagine how my lawyer could have critiqued other documents in the follow up but missed such a crucial point about a joint tax return. It's really frustrating because I actually remember reading that part years ago before starting the process and that's why we initially only sent the transcripts. Again the lawyer didn't see any issue. This person has been practicing for 10+ years we couldn't have been the first self employed joint process. Ugh. So much money and time wasted because we trusted our lawyer to direct us in the process and double check our documents. Swear we could have done this better ourselves 

5 hours ago, Ayrton said:

If you are submitting a 1040, instead of tax return transcript, you must submit the whole tax package. You said you only submit the first page of the 1040. That's not enough. When you're self employed, the instructions also mention that you must submit all the schedules that shows how much money the sponsor is making. When it's a joint return, the instructions also says that you should submit proof of just the sponsors income, and not the spouse.  That's all in the instructions.

Actually it was 3 years of transcripts official ones provided with the initial application. Then they said no they want actual tax returns in a request for information. This is when the tax return was sent. All this was done with a lawyer. I honestly thought they would catch something so clearly obvious as a joint return requiring clarification of income source. The request for more info didn't state needing schedule c or clarifying in a joint return. It was a bad combination of trusting the lawyer and not doing our own research. Now we are out the money to the lawyer and fees along with deciding ASAP if it's better to request it reopened under 290b or resubmitting. 

One has to wonder if a lawyer is liable for such negligence in counsel.

Feels like it could be made more clear somewhere that a jointly filled tax return needs additional clarification. Also Seems like since the application is valid and they just didn't understand the return it was in error. 

 submitted back in Jan 2021. Received request for more information in May 2021. Specifically income verification and tax return. On the submitted tax return only the first 1040 page was given. Petitioner is self employed and spouse worked overseas while both lived overseas. In addition a years worth of business account history along with verified 1099k to show verified business income.

Application was denied specifically because it was joint filed and no clarification was given as to the source of the incomes on the tax return. Additionally business assets are not admissable and they don't care it's a pass through business the business account can't be used apparently.  

Note everything was reviewed by a lawyer before submission, not a cheap lawyer at that. They saw the single page joint tax return and all business documents. There was no mention of giving a schedule c or clarifying income. They seriously dropped the ball on this. Worse yet the lawyer actually discussed documents in there so they clearly read it and felt it was enough....

Lawyer now wants to try again and says I-290b is a bad idea and will take much longer. The self employed taxed and reported income of the petitioner is enough to meet the 125% threshold. This feels like clearly a mistake that a 290b is meant for. 

What's everyone's thoughts here? Has Anyone done a i-290b or reapplied for 485? What's the timeline for either or for work permission under i-485 typically? It's going on 11 months since application was filled and now denied. That's a long time to not work.