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I-485 Discussion Forum
Letter recd from National Visa Center for spouse |
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Friends:
I need your help in understanding this communication:
I am the 485 petiotioner EB2, PD : Dec 2004 , 485 filed Aug 2008 for myself and my spouse.
Spouse had a Immigrant Visa petition applied in 2001 under the unmarried children category.
I received a communication on that case to pay $70.00 - I-864 fees. What are my options , Can i retain the OLD priority date of 2001 or just indicate that we do wish to pursue the case - that i hope will not affect the pending 485. ! always a catch 22 situation ! please advise. Thank You friends.
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You need to speak to a good immigration lawyer about this one. It is possible that your wife may be covered under 245(i) as she had a petition since 2001, but her PD must be before April 29th (I think) 2001. The problem that stands out is the fact that she is now married and had been applied for as unmarried. These are the things that only a good lawyer can tell you about. There is also the possibility that her PD can be used by you guys for the 485 process; which would be a bonus to you. A quick consultation with a lawyer will make these points clear to you and her. No matter what anyone says here you MUST consult a lawyer; they will give you the best way to go. The $70.00 is the fee bill from NVC for the I-864 which belongs to the petitioner which must be her parents. It is called I-864 AOS Affidavit of Support fee and is paid each year until you apply for the DS-230 part 1 & 2. This is part of Consular Processing back in her home/birth country. She would have to leave to continue or it is possible that if she is already here she may qualify to adjust over here at your local field office. I do not want to get your hopes up too much about this possibility as only a good immigration lawyer would be able to confirm this to you. So please get one for a consult asap.
It looks like you may have just had more options opened up to you. I do hope this is true for you both. Let us know how it goes. Good luck to you both.
Hope this tiny bit of info is of use to you.
Cheers,
LRIndy.
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Hey LRIndy - I must say that you are really one of a kind good person and I appreciate your insight on this - the irony of immigration as we call it. Thanks.
I have faxed it to my attorney but to get HOLD of the damn lawyer is even tougher then getting an IO on the phone !
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You are very welcome! Just keep on calling the lawyer, email and speak to the lawyers assistant. Now it is possible that even the lawyer will have to research these possibilities for you and it may be wise for you to do an email to your lawyer asking about the things I pointed out in my first post? If you ask the questions it may give your lawyer the heads up to move faster as you seem to be more knowledgeable than they gave you credit for... Just copy parts of my first post into the email to your lawyer. Do not say that you have posted your original question on the net. Just say you've been researching on your own the possibilities this may have opened up for you both. Keep a copy of each email you send and receive just in case as well. Get them to work for you. I'd like to hear their take on this and the possibilities there are for you both now. Time is a big factor here and you need to push for answers to help get you approved quicker. So, it is up to you how fast or slow it goes from here on.
Cheers,
LRIndy.
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LRIndy - I have been soo much fed up with this attorney and the errors on my labor , I-140, H1B's etc that she has made that i cannot even begin to tell you about it. I am the first one to pay her fees even before she asks for it - but as always she keeps on avoiding her clients and even today I have already emailed her called her but she not even courteous enough to call or confirm the receipt of the fax that i sent her. I just hope that one day i can get back to her - just for my principles of discipline so that someone else will not be in my position in dealing with her.
Thanks again.
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No problems, but most lawyers act this way. I know ours can take some time to reply. Well, they used to at first until I started asking complex questions each time. LOL! If I did not receive an answer in a couple of days I started researching and would email them the answers to ask if this was correct. You would be surprised how well this works.
We always paid like you and it doesn't seem to matter to them.
Cheers,
LRIndy.
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Sorry to hear about your lawyers. My wife had experiences like that too. The lawyer was fast to take the payment and delayed anything else. She finally changed lawyers.
She ended up with Stern, Elkind, Curry & Alterman in Denver, CO (ww.secimmigration.com) and got her GC superfast (the other lawyer didn't even get around to file in 2 years). I ended up using the same law firm for my GC too. (We both got our GCs individually before we got married.)
It may sometimes be hard to get a hold of the lawyer with them too, but we always got a reply from either the lawyer or more often the knowledgable paralegal the same or next businessday.
I would considerchanging lawyers if they don't give you good service.
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well - to my horror - the companys lawyer - never ever reviewed my labor , nor my H1b's nor my 485 , it was always some associate who worked under her did all the paper work and kept it on the attorneys desk for her signatures. to the surprise of my life - when time came for filing 485, the associate tells me hey you gotta file 485 just for you and not your wife since she is the dependant ! and before that for h1b extension - another associate sent in the qualification of someone else alongwith my petition ! I filipped !
I wish to really put out a word out for this "infamously" successful lawyer in New Jersey ! I may be able to save some people's aggrevation. Sorry to deviate the topic of this post to another track but its sad that some attorneys just dont get it after they are rich and famous - BTW she does not have a single paralegal working for her.
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She will write to NVC that she is no longer eligible for that category (she is married now) so the CP will end. If the original I-130 was filed by her US citizen parent, then her petitioning parent can write NVC to switch her category to FB3 and keep that 2001 PD, so her FB3 will remain in NVC and be activated again (sending her packet 2)with no additional fee when PD is up.
The 2001 PD cannot be used in your EB case, but can be transferred to her FB3 case (you are FB3 derivative as well as EB2 principal, provided PD is current). You and she can link the I-485 to either case when the PD for the respective EB/FB is current.
Friends:
I need your help in understanding this communication:
I am the 485 petiotioner EB2, PD : Dec 2004 , 485 filed Aug 2008 for myself and my spouse.
Spouse had a Immigrant Visa petition applied in 2001 under the unmarried children category.
I received a communication on that case to pay $70.00 - I-864 fees. What are my options , Can i retain the OLD priority date of 2001 or just indicate that we do wish to pursue the case - that i hope will not affect the pending 485. ! always a catch 22 situation ! please advise. Thank You friends.
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hey kansas1:
could you please explain "You and she can link the I-485 to either case when the PD for the respective EB/FB is current" i m not sure if i got this. thanks for your time. do u mean that once her PD is current from Apr or May 2001 under F2B (since her parents are not citizens as yet) I can link it to my EB2 filed in Aug 08. ?
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hey kansas1:
could you please explain "You and she can link the I-485 to either case when the PD for the respective EB/FB is current" i m not sure if i got this. thanks for your time. do u mean that once her PD is current from Apr or May 2001 under F2B (since her parents are not citizens as yet) I can link it to my EB2 filed in Aug 08. ?
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Too bad. F2B and all her I-130 is gone after her marriage date. The FB thing is dead. If her case were FB1, or her petitioning parent got US citizenship before her wedding, the FB case would be alive and switch from FB2B/FB1 to FB3 which allows bringing derivatives (either accompanying or following to join). Her parent (the petitioning one) is not US citizen yet after so many years in LPR? If the parent became US citizen before her marriage date, you have two approved immigration petitions now. One is your EB2 with your EB2 PD, and the other is her FB3 with her FB3PD, either one when PD current can be the basis for I-485 approval. So just pick the one PD will become current first. After PD current, You both can file another I-485 based on that FB3 I-130, or you can link your current I-485 with that FB3 case. It is the same concept that if you file EB1 I-140 and get approved, your EB1 PD is current so you want to link your I-485 to the EB1 which has current PD. Same concept.
hey kansas1:
could you please explain "You and she can link the I-485 to either case when the PD for the respective EB/FB is current" i m not sure if i got this. thanks for your time. do u mean that once her PD is current from Apr or May 2001 under F2B (since her parents are not citizens as yet) I can link it to my EB2 filed in Aug 08. ?
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got it .. thanks buddy - i guess after all there no short cuts hah ! :) ! well, i have tried to be patient all this years with EB2, Dec 2004 - i hope that i may see the green soon as well .. if not soon then maybe later .. hopefully !
Thank You for your time and information.
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