Classic INS mistake - Please suggest

c13723

New Member
Everything was going ok until the stage of I485. I have applied my I485 on 11/2000 when I was single. Got my EAD,AP. In the month of 6/2001 I have amended my I 485 with my wife\'s name included along with my case. When I was doing this, I have sent only my wife\'s I485 application along with 4 different checks (attaching copy of I 140 approval along with the marriage certificate).

All these days I have been waiting for my wife\'s I485 receipt. Called INS twice previously. They said we are falling behind with entering the application in the system. I have been observing I485 receipt on this portal. People who have submitted later than me were getting receipts.

I called INS yesterday. The IIO was very nice. After struggling for 30 mts she gave me an answer saying, my wife\'s case was rejected because we didn\'t submit proper fee. INS has sent back all the papers giving the reason - no proper fee attached. They put the stamp as 6/6/01 on all the sheets of my wife\'s I485 application. When I called my attorney, he said, INS might have thought that there should 2 petitions - one for mine and for my wife. They were expects 2 sets of checks. Yesterday they have mailed the same packet back to INS explaining the case the in detail with the same old checks.

My question is,

1)what if I get my approval before they enter my wife\'s application in the system - considering the fact that it\'s been taking too long to enter
2)can I take an appointment with INS director to talk to him directly
3)can I write a letter

Please suggest
 
No Title

Re.1: If you are approved no sweat as you were married before your approval and you can file a derivative I-485. (I am assuming she has a valid visa status of her own) If she is on H4 or O3 or any other visa as your dependent than you may want to refile her I485 ASAP to get her the status of an AOS applicant prior to your approval and then ask questions.

Re:2 and Re:3, I have no idea
 
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