SELisa
Active Member
@Sm1smom @SusieQQQ I know my situation is very complicated.You withdrew your marriage based I-485??? Why on earth did you do that considering your CN wasn't even current and it is possible to have multiple AOS applications (based on different requirements) running simultaneously in the system? And I have to say, I'm further confused considering not too long ago (March and April 2021 to be precise), you posted twice about your pending marriage based AOS application - how could it be pending if you already withdrew the application?
Anyway, if you are married to a USC, filing a motion to reconsider is not your only option. You can still file a marriage based AOS application even if you are currently out of status - over-stay/out of status is overlooked for immediate family members of a USC.
Yes, I withdrew the marriage based AOS because my US citizen husband is not qualified to be a green card sponsor (don't want to go into details) and according to our attorney we were close to get an "intent to deny". Our attorney advised us to withdraw before that would happened because that doesn't look good for future applications (dv-lottery).
I do feel like our attorney mislead us on several things....
I've been confused about the whole withdrawal process. As I mentioned earlier we withdrew the AOS in November 2020 but nothing happened. We haven't received a confirmation and til this day it's still an open pending case in my account but according to the attorney the withdrawal is valid the day we signed it. I did attend a biometrics appointment in March and they updated the case online (even though we had withdrew it).
But as I understand USCIS doesn't have to do anything about a withdrawal? So even if it shows up online I should consider it a closed case, I guess (?)
All my hope was to get the green card through the lottery and file before my non immigrant status expired. Everything went good until yesterday.
Thank you, that's really good news if I can file another marriage based I-485. Even though my husband doesn't qualify, there are waivers and time to save and I would be here lawfully which is the main thing right now.