Remarried. Do I need to redo my I-485?

G

Gofunky

Registered Users (C)
Hi everyone. I'm hoping someone can help me with this.

I sent in my I-485 form (along with all of the necessary forms) in March of 2003. Received the reciept form in April 2003. However, I got divorced. I was remarried in October 2003, and sent in a new Petition, as well as Affidavit of Support. I did not refile my I-485 as the person who does my papers on my behalf said that I did not need to refile this form only the Petitioner. So time goes on, and they are still sending things for my first wife. My "attorney" has sent them numerous statements saying that we have divorced. I have sent in my divorce decree, and letters, as well as my marriage certificate and Petition with my new wife in October 2003.

In March of 2005 they sent me a interview for me and my first wife. So we sent in a letter saying that I am no longer married to her.

In May 2005 I received a request for information for me and my second wife. The Biographical data sheet and photos. Sent that in, as well as an app to renew my employment authorization.

In June of 2005 I received my notice to renew my Work Permit I-175, as well as an approval of the I-130 for my wife who is a US citizen.

In September 2005 I go for my appointment at the local office to fingerprint for my employment authorization.

Since then, nothing.

I have not received my Work Authorization Card, or an Interview for my I-485.

My "attorney" is saying that apparently they were still processing things with my first wife all along. Maybe my EAD was tied to her. Now recently when I call the hotline they say that the EAD was denied, that the case is cancelled, and that I needed to have refiled all the forms (I-485) when I remarried.

I am very confused about this because everytime I talk to the hotline, they tell me something different. Sometimes they say the case is still pending and the case status check online says that the case is still pending, but it also says that they issued an I-181 for me. My "attorney" is very hard to work with, and I just don't know what I need to do at this point. I have scheduled a meeting with infopass in the ATL office.

Should I have refiled the I-485?
 
Gofunky said:
Hi everyone. I'm hoping someone can help me with this.

I sent in my I-485 form (along with all of the necessary forms) in March of 2003. Received the reciept form in April 2003. However, I got divorced. I was remarried in October 2003, and sent in a new Petition, as well as Affidavit of Support. I did not refile my I-485 as the person who does my papers on my behalf said that I did not need to refile this form only the Petitioner. So time goes on, and they are still sending things for my first wife. My "attorney" has sent them numerous statements saying that we have divorced. I have sent in my divorce decree, and letters, as well as my marriage certificate and Petition with my new wife in October 2003.

In March of 2005 they sent me a interview for me and my first wife. So we sent in a letter saying that I am no longer married to her.

In May 2005 I received a request for information for me and my second wife. The Biographical data sheet and photos. Sent that in, as well as an app to renew my employment authorization.

In June of 2005 I received my notice to renew my Work Permit I-175, as well as an approval of the I-130 for my wife who is a US citizen.

In September 2005 I go for my appointment at the local office to fingerprint for my employment authorization.

Since then, nothing.

I have not received my Work Authorization Card, or an Interview for my I-485.

My "attorney" is saying that apparently they were still processing things with my first wife all along. Maybe my EAD was tied to her. Now recently when I call the hotline they say that the EAD was denied, that the case is cancelled, and that I needed to have refiled all the forms (I-485) when I remarried.

I am very confused about this because everytime I talk to the hotline, they tell me something different. Sometimes they say the case is still pending and the case status check online says that the case is still pending, but it also says that they issued an I-181 for me. My "attorney" is very hard to work with, and I just don't know what I need to do at this point. I have scheduled a meeting with infopass in the ATL office.

Should I have refiled the I-485?
Click to expand...
Let me tell you that unfortunately you have got a dumb attorny. First of all you have to file a new I 485. Once you got divorced, your ex-wife needed to close your old case and you should have filed a brand new application with your now-wife. The previous I 485 was based on your relationship with your ex-wife. Now once you get divorce, there is no relationship so that I 485 has to drop.
Because of that stupid attorny, your case is all messed up. I am not sure what you should do now.
 
Ok, thank you. That's what the hotline said as well, but I wasn't sure. I'm really pissed off about this. This guy seems like he is just taking money and not doing anything that he is supposed to do.
 
Gofunky said:
Ok, thank you. That's what the hotline said as well, but I wasn't sure. I'm really pissed off about this. This guy seems like he is just taking money and not doing anything that he is supposed to do.
Click to expand...
That would have been better if he would not have done anything, instead of doing so wrong.
 
Gofunky said:
Ok, thank you. That's what the hotline said as well, but I wasn't sure. I'm really pissed off about this. This guy seems like he is just taking money and not doing anything that he is supposed to do.
Click to expand...
Your lawyer better return all your money (and compensation if possible). Also, get a new lawyer.
 
Just had an Infopass meeting yesterday. The immigration officer said that this is something that it possible if we withdrew the first I-130 petition. She ordered our file and is going to call us for an interview when it gets in to determine if it was an Immigration mistake that it was still processing off of the first I-130, and she said that there is something that can be done about it.

Something called a file creation or something. Now sure what that is, but things are looking a bit more optimistic.
 
Since you initially said that it was "the person who does my papers on my behalf" and you always used the term "attorney" (in quotation marks) I assume that the person was not really a licensed attorney.

Immigration is frequently not as easy as many people seem to think. Licensed attorneys screw things up too, but you have a far higher probability of poor quality and no recourse in the event of a mistake when you go to the unlicensed.
 
Yes I'm sure about that. The guy is not licensed. We are basically through with him anyway. We seem to be doing fine handling things on our own so that's the way we'll go. Thankfully it does not seem as though all is lost.
 
You must log in or register to reply here.
Top