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My wife's I-485 was denied on the basis that the Dept of State revoked the approval of a visa filed on her behalf in her country

West Palm Beach, FL |

I'm a USC and 7 years ago I met my wife in her native country. My lawyer suggested I file the I-129F to bring her to the US but because the I-129F was taking too long, she suggested I file the I-130 also. The I-130 was approved and we decided to move to the US w/ her then 18 year old son who was part of the petition. We planned to file the I-485 for both of them but we took too long to do it bc my lawyer asked for an exorbitant amount of money to do it. I finally filed it on my own. Although the everything was done correctly (per USCIS interviewer) at the USCIS interview the agent told us that the I-485 was denied bc the State Dpt had revoked the approval of the visa petition filed on her behalf perhaps bc we took too long in applying.The officer said that we had to start from the beginin

My question is: Can I go ahead and file the I-130 and the I-485 concurrently or do we have to file a waiver I-601A before we do the I-485? My wife got a letter saying that she was not authorized to remain in the county and to leave asap this is why I thought she might needed a waiver. The letter also says that she can file a motion I-290B but not for decisions taken by the Dept of State...so...there is no point on filing that. Can we just do the I-130 and I-485 then before 30 days?

Attorney Answers 6

Posted

You haven't stated any ground for why your wife would need an I-601A waiver. File the I-130 and the I-485 together, one for your wife and one for your son (assuming that he was under 18 when your marriage took place).

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Mr. Shusterman's (former INS Trial Attorney, 1976-82) response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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Posted

I thought we needed a waiver bc we got a letter saying that she was not authorized to remain in the country bc her stay had expired and that she should depart asap. Thank you for being so specific. So the USCIS was right when she said that we would have to start from the beginning? Which I don't mind at all as long as she can stay in USA.

Carl Michael Shusterman

Carl Michael Shusterman

Posted

USCIS is correct. And no waiver is needed. Good luck!

Posted

The answer to your question depends on whether your spouse and son face any grounds of inadmissibility to permanent resident status. It would be best for you to consult directly with an immigration attorney to go over all the details of their immigration history to arrive at the correct answer.

This communication does not establish and attorney-client relationship with the Law Office of Michael Carlin PLLC or any individual member of the office. Confidential information should not be sent through this form.

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Posted

You should file the I-130 and I-485 as soon as possible.

Alexus P. Sham-The above information is only general in nature and does not constitute legal advice. It does not create an attorney-client relationship.

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Posted

Thank you so much!

Posted

You can file and I-130 and I-485 concurrently, and unfortunately, you will have to pay filing fees, get new photos, a new medical exam, etc. However, since there was a revocation and some delays, it might be best to meet up with an attorney to look over everything. A meeting with an attorney prior to filing on your own may have saved you time and money as an attorney may have picked up on the revocation. You were supposed to have received notice of this.

Also, depending on how your wife entered the country, a local adjudicating officer may start to ask questions about her most recent entry and whether or not she had immigrant intent at the beginning. That may be how the subject of the I-601 arose. Did they accuse her of fraud for some reason in the denial?

Either way, it is a good idea to meet with an attorney to review everything at this point.

Mr. Clopman is a member of The Florida Bar practicing in South Florida. He focuses his practice on matters involving immigration and nationality law. His responses contain general information and they do not create an attorney-client relationship. Users should formally consult with an attorney to obtain an evaluation of the specific facts of a case.

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Posted

Yes, you can file the I-130 and the I-485 concurrently for your wife and for your son, assuming he was under 18 when you were married and assuming he is not yet 21. If you are unsure about the process and have concerns about the previous complications in the case, you can consult with a knowledgeable immigration attorney.

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Posted

In order to answer your question it is necessary to know why the visa was previously revoked. Based on the information you have supplied it is not possible to tell you whether a waiver is needed. Was the I 130 denied or just the immigrant visa? It may be that a new I 130 is not necessary. If an I 130 is necessary file the petition and application together for both wife and step son. You are talking about a lot of money in filing fees alone. I strongly suggest you consult with an experienced immigration attorney before you go forward.

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