The attorney did not file concurrently

D

deci007

New Member
Hi there.
My Wife is a naturalized citizen since last 3 years. I got married to her this feb 2008 and hired an attorney since i am staying in US since 2001 as out of status. came here on b1/b2. have an i94 also. Well the attorney waited to get all the information from us till may and we provided whatever he asked for. now i came to know he only filed I 130 and nothing else. then some one told me that he was suppose to file concurrent file so i 485 , the work permit and travel permit and etc needed to be mailed too.
when i asked him about this he couldnt answer why he did that. now he said he will do this . my i 130 is till pending. it is transfered from vermont to california. i am from dallas tx. well he is claiming that i 130 needs to be appoved in order for me to get work permit or any thing done so its not late to file the remaining still and make the file as concurrent.
can i please have a suggestion as what to do or what is the correct procedure.?
thanks
 
Your wife is a USC so you should have filed 130 and 485 concurrently. Your overstay is forgiven then. Waiting for 130 to be current before filing 485, 765 etc is for other types of applicants e.g. marrying GC holder.

Go ahead and file your 485 and 765. No need to file 131, you are subject to a ban. Include a copy of your 130 NOA.

Fire your lawyer :)
 
i second that. Fire that lawyer.
You can file I-485 with a copy of a notice of receipt for your I-130. It's not the end of the world. I did it too (it was intentional).
 
thanks for the reply..but new situation just noticed it.

Application Type: I130, IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN

Current Status: Request for Additional Evidence Sent dec 18...

now what...485 or workpermit is still not filed.

thanks in advance
 
deci007 said:
Hi there.
My Wife is a naturalized citizen since last 3 years. I got married to her this feb 2008 and hired an attorney since i am staying in US since 2001 as out of status. came here on b1/b2. have an i94 also. Well the attorney waited to get all the information from us till may and we provided whatever he asked for. now i came to know he only filed I 130 and nothing else. then some one told me that he was suppose to file concurrent file so i 485 , the work permit and travel permit and etc needed to be mailed too.
when i asked him about this he couldnt answer why he did that. now he said he will do this . my i 130 is till pending. it is transfered from vermont to california. i am from dallas tx. well he is claiming that i 130 needs to be appoved in order for me to get work permit or any thing done so its not late to file the remaining still and make the file as concurrent.
can i please have a suggestion as what to do or what is the correct procedure.?
thanks
Click to expand...
Just my thought.
If you have been overstaying long time, applying travel permit is waste of money.
 
You must log in or register to reply here.
Top