Need your great help to keep my wife in US

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bigjoelee2000

Registered Users (C)
My wife might have some trouble getting a GC. My company lawyer filed I-140 substitution (not approved yet) on November 2001 and I-485 for my family on September 6, 2002. Because my wife (H-4 visa: expired 9/30/2002) had worked illegally (tax filed) for 8 months 2001, my lawyer asked to withdraw my wife’s application, even after my wife and I received I-485 receipt. She suggests that my wife should return to my country within 6 month (March 31, 2003) and then apply for a GC from my country after approval of mine. When I informed my lawyer of my wife’s working to last Feb. The lawyer told me it would not be a problem if I pay $1000 penalty. But actually, lawyer used I-485 supplemental adjustment form, which was different from I-485, for my wife.

Should I follow the lawyer suggestion or keep the process as it is. If the process keep going, what kind of problems would happen to my wife?


Thanks in advance for your any suggestions and good luck for you in your case processing.

Regards, lhomerun:(
 
Your posting is confusing

I don't get the whole picture... The lawyer asked to withdraw the application and then said it wouldn't be a problem... So what's the problem?

Originally posted by bigjoelee2000
My wife might have some trouble getting a GC. My company lawyer filed I-140 substitution (not approved yet) on November 2001 and I-485 for my family on September 6, 2002. Because my wife (H-4 visa: expired 9/30/2002) had worked illegally (tax filed) for 8 months 2001, my lawyer asked to withdraw my wife’s application, even after my wife and I received I-485 receipt. She suggests that my wife should return to my country within 6 month (March 31, 2003) and then apply for a GC from my country after approval of mine. When I informed my lawyer of my wife’s working to last Feb. The lawyer told me it would not be a problem if I pay $1000 penalty. But actually, lawyer used I-485 supplemental adjustment form, which was different from I-485, for my wife.

Should I follow the lawyer suggestion or keep the process as it is. If the process keep going, what kind of problems would happen to my wife?


Thanks in advance for your any suggestions and good luck for you in your case processing.

Regards, lhomerun:(
Click to expand...
 
Consult some reputed lawyers

Consult some reputed lawyers .. Your case is serious, don't take risk. Board members here are very helpful but they aren't experts.
Consult very good immigration lawyers like Matthew, Shusterman, Murthy etc.
 
Need to be detailed

A friend of mine did apply for his wife(her 485) thru 245i by pay more $ 1000( due to status problem).You should be fine if applied thru 245i,what is the situation with her 485.:) :)
 
Re: Your posting is confusing

Originally posted by Jan485
I don't get the whole picture... The lawyer asked to withdraw the application and then said it wouldn't be a problem... So what's the problem?
Click to expand...

The lawyer have thought it would not be a problem until he submitted I-485. However, at the day my wife and myself are ready to go INS to get the EAD card, he asked to withdraw my wife, because my wife is not eligible to I-245.

Hope it is clear this time.
 
Re: Need to be detailed

Originally posted by Nov140sagc
A friend of mine did apply for his wife(her 485) thru 245i by pay more $ 1000( due to status problem).You should be fine if applied thru 245i,what is the situation with her 485.:) :)
Click to expand...

Thanks for your reply.

Her 485 was filed with mine on 9/6/2002, and we got the receipt and finger print notice (11/2/02). The lawyer filed H visa extention of my kid and meself except my wife, because the lawyer can not file my wife's due to her illegal working history.
 
her eligibility depends on when you filed your labor certification

she will qualify for 245(i) if you filed your labor certification before 4/30/2001.
 
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