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  #1  
Old 7th April 2008, 09:38 AM
coolguyinus2002 coolguyinus2002 is offline
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Question regarding I485 and I131

My wife is a USC. We got married in July 2005. Filed for I485 in Nov 2005. Had an interview in July 2006. In May 2007, we got a letter from USCIS denying our 485 stating that we missed the biometrics for 485 which we never received. Filed a motion to reopen and had the biometrics taken again in March 2008. I applied for I131 in Feb 2008 and just received a denial notice saying that no active I485. But I just had my fingerprints taken for I485 on March 11th. What should I do if I need to make an international travel trip. Please advice.
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  #2  
Old 7th April 2008, 09:54 AM
PraetorianXI PraetorianXI is offline
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Location: Birmingham, AL
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Your I-131 is not valid, since your I-485 is not pending.

Do, what you should have done 2 years ago. Get a lawyer.
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DO: Atlanta, GA

Year 2007
5/03: I-485 Receipt Date
8/07: I-485 Approved
8/27: Conditional GC Received

Year 2009
5/15: I-751 Receipt Date
9/22: I-751 Approved
10/3: Unconditional 10yr GC Received

Year 2010
5/10: File N-400 for US Citizenship
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  #3  
Old 7th April 2008, 10:05 AM
coolguyinus2002 coolguyinus2002 is offline
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I do have a lawyer. How long does it usually take to get the GC after the 485 fingerprinting?
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  #4  
Old 7th April 2008, 12:49 PM
PraetorianXI PraetorianXI is offline
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Quote:
Originally Posted by coolguyinus2002 View Post
I do have a lawyer. How long does it usually take to get the GC after the 485 fingerprinting?
Get a better lawyer. Fingerprinting has little to do when you get your GC. How did you even get an interview without the biometrics? your lawyer did not find this funny?
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DO: Atlanta, GA

Year 2007
5/03: I-485 Receipt Date
8/07: I-485 Approved
8/27: Conditional GC Received

Year 2009
5/15: I-751 Receipt Date
9/22: I-751 Approved
10/3: Unconditional 10yr GC Received

Year 2010
5/10: File N-400 for US Citizenship
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  #5  
Old 7th April 2008, 01:43 PM
coolguyinus2002 coolguyinus2002 is offline
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I had my EAD and I131 right after I filed in Nov 2005. Then the first interview for I485 was in July 2006 after which they put me in name check pending status. Then I renewed both EAD and 131 once more in 2007 and in May 2007 they sent me a mail saying that I didnot show up for a biometrics for I485 and the case is closed. My lawyer then filed a motion to reopen and meantime I applied for EAD in November 2007 and they rejected saying no active I485. I went for couple of infopass sessions and in Feb2008 they told me that they are reviewing my case. So I applied for EAD and I131 again in Feb 2008 and they sent me notice for biometrics for both I485 and EAD in March and later denied my I131. So thats wy I am confused. They said while denying 131 that no 485 pending when I already had my 485 fingerprinting done in March 2008.
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  #6  
Old 7th April 2008, 08:09 PM
austriacus austriacus is offline
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Did you maintain a nonimmigrant status after you applied for I-485, and have you stayed past your I-94 validity date? Have you determined if you accrued any unlawful presence during the time that your I-485 was not pending?
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Austrian citizen

F-1 >> H-1B >> married my lovely US citizen wife in Dec 2006

DO: San Antonio, TX

05/14/07: I-130/I-485/I-765 filed (USPS)
09/26/07: ID: AOS approved!
10/09/07: Rcvd GC

09/04/09: I-751 filed (USPS)
09/09/09: VSC rcvd package
09/09/09: I-751 RD
09/11/09: Check posted
09/18/09: Rcvd I-751 NOA
10/20/09: Bio appointment
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  #7  
Old 8th April 2008, 09:23 AM
coolguyinus2002 coolguyinus2002 is offline
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My I94 was paroled until Oct 2007. I have been waiting for my case to reopen from May 2007 until now. I was on F1 till Aug 2006.
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  #8  
Old 8th April 2008, 09:26 AM
LucyMO LucyMO is offline
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I would forgo any international trips until your lawyer and you sort out this mess.
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