I485 Denied what should I do. Filed in 2005 for spouse.

The question is: when did you file? If it was June 2005 when your PD was current then they denied the application in error. But if, as the attached pdf file stated you filed on April 1, 2005 then you were correctly denied and you should submit a new application when your PD becomes current again. Re-reading your post shows you were approved but your spouse was denied. You may want to consult an attorney as there is a time-limit on when you can submit a follow-to-join application for your spouse. Otherwise, her case will be processed as family-based. And I think that time-limit is past as your GC was approved in 2007.
 
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Sorry. You were denied correctly since your PD was not current in April 2005 when you had filed (per attached PDF)

However your spouse still qualifies for EB category as you were married before your card was applied.

If your category PD is current now, you can file a fresh application for your spouse.

If your PD is not current today, then yes your spouse will have to leave the US and you need to file in FTJ as the above poster has said.
 
While you prepare proper response to denied I-485 for your spouse, One alternate route, since you being LPR, can you file I-130 for your spouse without I-485 . once you become USC you can upgrade I-130
 
For follow to join. My I485 PD should be current right?

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Looks like your own GC was approved in error, because your I-485 was filed before your PD became current. USCIS may soon follow up your spouse's denial by revoking your GC.
 
My GC revoke : And what makes you jump to that conlusion

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akhil1000 said:
What makes you say that my GC would be revoked.
I did not provide any details about my I 485 so how can you say it would be revoked.
I filled my I485/I140 back in 2003 seven years ago before the retrogression era when dates were current. I filled my wifes in 2005 just one month before date got current for her 485.
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hello akhil, yes the PD date had to be current for your wife to have the application approved, but don't worry , not sure but you can take advantage of this provision (Following-to-Join Benefits for Spouses).

In short , If you were married before you became a lawful permanent resident, and your spouse did not physically accompany you to the U.S., your spouse may be eligible for following-to-join benefits.

search the uscis website for Following-to-Join Benefits for Spouses), other wise please consult your attorney, I hope it will help
 
No idea if FTJ option lets her stay in US until you file 485, till then explore the options of F1, H1, H2, B2 etc to keep her in US until you file 485.
 
Today I got a call from local district USCIS office and they called as tomorrow to explain about removal proceedings.
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Only your spouse would be in removal proceedings, correct?

To get a green card, your spouse needs to leave the US before it has been 180 days since the I-485 denial. Then switch to consular processing and wait outside the US for the priority date to become current. Or wait for you to become a US citizen and file as an Immediate Relative.
 
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Assuming she will leave before they physically force her to leave, she should make sure to keep available documentation to prove that she left on the given date. She should hand in the I-94 (if she still has one) before boarding the flight (keep a copy of it for her records), get her passport stamped when arriving in the home country, and keep the boarding passes. Because when it is time to interview for the GC at the consulate, they may ask her to prove that she left before the 180-day limit.

And report the lawyer to the bar association, AILA, and whoever else is relevant.
 
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akhil1000 said:
Jacko-

I thought about it and still thinking about filing a complaint but I could'nt convince myself.

After filing a complaint his malpractice insurance will go up and he would go through lot of other hassles.

I'll try not to file a complaint and will try not to create problems for him.
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You need to create problems for him. Or he will not be careful enough with the next person, and somebody else will have their life messed up due to his next mistake. If this costs him financially or at least some professional embarrassment, in future cases he will be more inclined to put people and procedures in place to prevent blatant mistakes like this.
 
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