Deep Trouble - Please help.

O

overWait

Registered Users (C)
hello everyone,
Looks like this time I am in a deep trouble. Three months after the approval of my GC i changed my employer. At that time my wife's GC was not apporved. I got my GC in the first week of May.

When I check the status of my wife's GC online, it shows the LUD of 08/29/2005 but the message is still that we have received your application for I-485.....

When I changed my employer I called many lawyers to check if they can receive RFE if any so that I could send the G-28 to USCIS. But some lawyers advised me to wait until RFE is issued as it may un-necessarily cast some doubts about my intentions of working with the employer who has processed my GC.

My ex-employer delayed filing my wife's I-485. When she filed her papers the priority dates were already rolled back and so USCIS refused to receive her case (my PD is April 2002). She refiled it and at that time she intentionally used wrong I-140 that had a PD of 1999. USCIS accepted the case but now when they opened her file to process her case, they realised the error.

About 2 weeks back I received a check of $1000 from my ex-employer addressed to my wife with I-485A and her LIN number on it. This check was issued by USCIS. My employer just sent me the check and did not send me the letter even after follow ups. They said they had no information. I called up USCIS and they said they must have sent the letter with the check to provide the reason for returning the check. After lots of follow up with my ex-emp last friday I came to know that they received denial letter from USCIS for my wife's I-485. I just received a scanned copy of that letter thru email. Legal department of my ex-employer is in India and so its hard to get in touch with them. Also on the pre-text of company policy they never provided me any documents regarding my and my wife's GC. Now I have asked them to send it to me via courier but it will be a while before I get them.

Looks like my wife is in US for more than 1 1/2 months after the denial of her GC. If she goes out then for sure she will never get any type of US visa again. Same applies to me as well. If I go back with my wife and hope to comeback on any other type of visa by abandoning my present GC then definitly I will loose my GC and will never be able to get any US visa again. Since PD is 1998, I cannot file her I-485 with correct information. Looks like I am in a total mess.

Please let me know,
1. What are my options?
2. Contact information of Senetors and congressman in Detroit area.

Your help is desperately required and will be highly appreciated.
 
overWait said:
hello everyone,
Looks like this time I am in a deep trouble. Three months after the approval of my GC i changed my employer. At that time my wife's GC was not apporved. I got my GC in the first week of May.

When I check the status of my wife's GC online, it shows the LUD of 08/29/2005 but the message is still that we have received your application for I-485.....

When I changed my employer I called many lawyers to check if they can receive RFE if any so that I could send the G-28 to USCIS. But some lawyers advised me to wait until RFE is issued as it may un-necessarily cast some doubts about my intentions of working with the employer who has processed my GC.

My ex-employer delayed filing my wife's I-485. When she filed her papers the priority dates were already rolled back and so USCIS refused to receive her case (my PD is April 2002). She refiled it and at that time she intentionally used wrong I-140 that had a PD of 1999. USCIS accepted the case but now when they opened her file to process her case, they realised the error.

About 2 weeks back I received a check of $1000 from my ex-employer addressed to my wife with I-485A and her LIN number on it. This check was issued by USCIS. My employer just sent me the check and did not send me the letter even after follow ups. They said they had no information. I called up USCIS and they said they must have sent the letter with the check to provide the reason for returning the check. After lots of follow up with my ex-emp last friday I came to know that they received denial letter from USCIS for my wife's I-485. I just received a scanned copy of that letter thru email. Legal department of my ex-employer is in India and so its hard to get in touch with them. Also on the pre-text of company policy they never provided me any documents regarding my and my wife's GC. Now I have asked them to send it to me via courier but it will be a while before I get them.

Looks like my wife is in US for more than 1 1/2 months after the denial of her GC. If she goes out then for sure she will never get any type of US visa again. Same applies to me as well. If I go back with my wife and hope to comeback on any other type of visa by abandoning my present GC then definitly I will loose my GC and will never be able to get any US visa again. Since PD is 1998, I cannot file her I-485 with correct information. Looks like I am in a total mess.

Please let me know,
1. What are my options?
2. Contact information of Senetors and congressman in Detroit area.

Your help is desperately required and will be highly appreciated.
Click to expand...

I do not think you have many options left. You can not even blame your old employer for denial. Contact a good immigration lawyer like Rajiv or Sheela.. They may be able to help you.. Please post the details as it progress..
 
My sympothy for your situation.

But what were you thinking when you were filing your wife's i-485? You intentionally try to fraud the system and You should have thought what you are going to do if you were get cought. Its too late for you to think about what to do except follow the law. Sorry but when you try get smart with the system it will catch up with you sooner or later.
 
contact an immigration lawyer and find out the best option then.

Your wife probably can manage to stay here if the lawyer can find an appeal option.

overWait said:
hello everyone,
Looks like this time I am in a deep trouble. Three months after the approval of my GC i changed my employer. At that time my wife's GC was not apporved. I got my GC in the first week of May.

When I check the status of my wife's GC online, it shows the LUD of 08/29/2005 but the message is still that we have received your application for I-485.....

When I changed my employer I called many lawyers to check if they can receive RFE if any so that I could send the G-28 to USCIS. But some lawyers advised me to wait until RFE is issued as it may un-necessarily cast some doubts about my intentions of working with the employer who has processed my GC.

My ex-employer delayed filing my wife's I-485. When she filed her papers the priority dates were already rolled back and so USCIS refused to receive her case (my PD is April 2002). She refiled it and at that time she intentionally used wrong I-140 that had a PD of 1999. USCIS accepted the case but now when they opened her file to process her case, they realised the error.

About 2 weeks back I received a check of $1000 from my ex-employer addressed to my wife with I-485A and her LIN number on it. This check was issued by USCIS. My employer just sent me the check and did not send me the letter even after follow ups. They said they had no information. I called up USCIS and they said they must have sent the letter with the check to provide the reason for returning the check. After lots of follow up with my ex-emp last friday I came to know that they received denial letter from USCIS for my wife's I-485. I just received a scanned copy of that letter thru email. Legal department of my ex-employer is in India and so its hard to get in touch with them. Also on the pre-text of company policy they never provided me any documents regarding my and my wife's GC. Now I have asked them to send it to me via courier but it will be a while before I get them.

Looks like my wife is in US for more than 1 1/2 months after the denial of her GC. If she goes out then for sure she will never get any type of US visa again. Same applies to me as well. If I go back with my wife and hope to comeback on any other type of visa by abandoning my present GC then definitly I will loose my GC and will never be able to get any US visa again. Since PD is 1998, I cannot file her I-485 with correct information. Looks like I am in a total mess.

Please let me know,
1. What are my options?
2. Contact information of Senetors and congressman in Detroit area.

Your help is desperately required and will be highly appreciated.
Click to expand...
 
This is what is the best thing to do -- just my 2 cents:

--- Send Ur spouse back to home country -- before those Penalty kicks in.
[or if she has H4 or something else that might be useful]

--- Apply for 485 when the date becomes current..

--- It will be treated as family based -- so U might get some delays..


U did a mistake of not filing ur wifes 485 with yours ... employer has nothing to do with 485 filing -- U could have done this on Ur own.

How come U had sent a fees for $1000.00 I wonder if they filled the wrong forms any ways.

With retrogression -- even if U hire a very expensive attorney -- might not help.


got this from murthy.com .. might be useful:

Married : Adjustment of Status Pending for Primary

This is not an uncommon situation and it raises important questions. This happens when the couple marries after the primary has filed the I-485, but, due to retrogression, the visa numbers are not available following the marriage. Thus, the dependent spouse cannot file his/her I-485. In such a case, the dependent spouse can come to the United States in the nonimmigrant dependent category (usually H-4 or L-2) if the principal spouse has maintained nonimmigrant status.

Thus, each spouse in the marriage would have to have maintained his/her nonimmigrant status until the dependent spouse is able to file an I-485 adjustment application. This raises the question, "What happens if the primary's I-485 is approved before the dependent can file?"

Many people have asked this, and it is a matter of planning and coordination. Since both spouses in the marriage have the same priority date and category, it should be possible to coordinate this and safeguard the dependent spouse. The primary's case cannot be approved unless the priority date becomes available. The dependent's case can be filed immediately as the priority date becomes available. The U.S. Department of State Visa Bulletin is posted about 15 days in advance of the month during which it is effective. This advance notice that the visa numbers will be available is the best way to coordinate the dependent's case and have it ready to file at the beginning of the month when the visa numbers become available. This will greatly reduce the chances of the primary's case being approved before the dependent can file.

The dependent spouse is considered out of status if s/he holds nonimmigrant status that is based on that of the primary, and the primary's case is approved before the derivative spouse can file his/her own I-485 application. There is a bit of a safety net, however, under Section 245(k) of the Immigration and Nationality Act. This applies in employment-based cases and allows the filing of I-485s even if the applicant has been out of status for up to 180 days. Thus, if there is a short gap between the approval of the primary's I-485 and the filing of the dependent's I-485, the dependent's case should still be accepted and approved.

Obviously, it is best to try to avoid this gap when the dependent is not in status. The dependent needs to have the case filed as soon as possible, once the Visa Bulletin indicates the numbers are available and before there is potential for retrogression to an earlier date or unavailability, once again. Section 245(k) can help permit the I-485 filing, if there is a short gap due to mailing delays or other logistical matters. It does not provide any status or legal permission to remain in the United States, however.

For this reason many people are taking steps to ensure, at least, that they have the right documents for the I-485 in advance. Others will be preparing their I-485s ahead, as they see the visa dates moving forward. This should allow their cases to be filed immediately upon the availability of the visa number.
Good luck ...
 
Last edited by a moderator:
Meeting with Lawyer

I did not mis-represent my case. I filed my I-485 assuming that I would get married by mid of August 2004. But again, the lawyer of my ex-employer messed up my visa documents and so I had to delay my marriage by more than 3 months. After marriage when I came to US I immidiately did all the required paper work and submitted it to my lawyer by the first week of december. There again she delayed and when she filed for the first time the dates were already rolled back and so USCIS returned back my papers. For whatever reason, my lawyer manupulated the priority date and no one except her was aware of this fact until we received the denial. Legal department of my ex-employer did a research and informed me that this has happened.

I am not blaming anyone but just citing the situation for you guys to understand how things went and where it went wrong to help me with your valuable advise.

Today I met with a lawyer and all he said is that although AOS was denied on August 29, 2005 but the time started clicking from the day I got my green card. That means she has already accrued 5 months and she needs to be out within a month before she is liable for any penalities (six months could be explained but not more than that).

They have asked me to file for I-284 another follow-to-join form.

thanks for your advise guys.
 
I fully sympathize with you ... but now hook on with a good lawyer and go by the advice of the lawyer. Intentionally or not there has been an illegal activity by you (or your atty). If I was in your situation I would play by the book and within the framework of the law.
 
Who was your lawyer?

Who was your lawyer? Seems to have really messed up the things..
You can send me PM.
 
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