Needhelp2009

Hello Everyone
I do have a lawyer, but I want to educate myself about various opinions...
Please answer these questions if you know them.
My wife and I are responding to "Intend to deny" I-130. Please read my previous post if you need details.

Questions:

1. If they decline I-130, does I-485 automatically becomes null and void and USCIS will send something in the mail to me to depart USA?

2. If they decline I130, we are going to appeal. So while the decison is pending can I legally stay here? Do I have to file I-485 again while the appeal is pending? Will my EAD be revoked?

3. My wife may become pregnent soon, in that case, can we re-apply the entire AOS package because we will have establised strong evidence having a baby together?

4. I am really consufed because if they decline I130, I know we can appeal it. But what would happen to my I485? I will be out of status. So if we reapply, this out of status is going to haunt us again?

Please adivse if we reapply or appeal or of there is any other best way of handling the current mess because of that Prejudice IO officer?

Please help us , we would be grateful....

Bluegrass Lass

Did you have a visa when you entered the US, or did you enter and marry while here on the Visa Waiver Program?

If you entered on the VWP, married your wife, and then filed the I-130 and I-485, then, as far as I'm aware, you have no right to appeal the denial of any application. You waive the right to appeal when you sign the I-94 at the Port of Entry.

Noorah101

The OP entered the USA on an F-1 visa. Later switched to H1B, and is now married to a USC and doing an AOS to permanent resident.

Rene

Needhelp2009

Yes, that is correct. Also, I used to work for big financialy company on H1B Status, that company started the green card process. They applied for labour certificate on behalf of me. I simply resigned this job and moved to texas to live with my wife.

country_canuck

I can only tell you what I have gone through, some is similar, much is different.

My 130 was denied and I was placed in removal proceedings. My 485 based on this 130 has been hanging around at USCIS. It sounds silly but as I understand it CIS won't terminate my 485 until my 130 and removal is finalized one way or another. I remarried while in removal proceedings and before my master hearing in court my new wife petitioned a 130.

So the IJ ordered voluntary departure which we appealed.

The law states clearly that you are allowed to remain in the US during the appeal and in fact if you leave, the case is considered abandoned.

I can't be sure if an appeal of an IJs decision not to continue removal process whilst awaiting adjudication of a 130 would be treated different than an appeal on an IOs 130 decision. Sorry

My 485 wasn't but it is quite useless without the 130 approval...
You will now receive a letter for a master hearing removal proceedings. You may have other options but here in my state a Velarde hearing is usual. This is a court trial to determine bonafides of marriage. In any case it is important to try and keep your case out of court as that gets messy, expensive and you are one step higher to the exit door.
I was allowed to stay while my appeal was pending. You cannot appeal from outside the country so if you leave your case is abandoned and you have no further rights. My EAD expired, no work for two years now and no drivers licence either. Yet the expenses still pile up. I hope for your sake that you have good savings, good patience and a great lawyer.
Talk about a horrible time to be pregnant. I doubt that pregnancy will make any difference to your options but I reckon it will help as evidence of bonafides should you manage to get that far.
Yes, now that my 130 has been approved and the appeal has been remanded for a new decision, technically I am once again out of status until the next court ruling. I can't work or drive but I have become quite handy with a vaccuum and skillet!
I think only an attorney should advise you. I can understand your anxiety and desire to find information but from experience I can tell you only to find the best immigration attorney that is very strong in litigation and trust him/her.

Good luck!

Needhelp2009

Hey thanks for the response, did you get your I-130 approval through BIA? If so how much time it took?
Has anybody gotten their I130 approval from BIA?
According to this link, the appeal will not take more than 180 days.
http://immigration.lawyers.com/depor...n-Appeals.html

country_canuck

My appeal was not for a denied 130, rather it was for an IJs voluntary departure order while awaiting CIS to approve a 130. So in that sense our cases our very different.

I appealed in August 2008. BIA never did make a ruling per se. While we were waiting their ruling CIS finally approved the 130 in August 2009 that was filed in July 2008. We then asked BIA to remand the case back down to the court based on the approved 130. I think they remanded it back in November 2009 ordering the IJ to make a new decision and shortly after we received a notice of a master hearing for removal proceedings for March 2010. So, we hope the IJ decides to let CIS adjudicate my new 485 otherwise she might decide to hold a trial on 485.

You want to keep your case out of court, that is messy and you are one step closer to the exit door when your case goes from CIS to court.

I don't know how much of this is useful to you, our cases are very different.

jeffreyhy

Nh,

"May" ? You can't assure a positive, but you can assure a negative.

Either way, conceiving a child simply for immigration purposes is not a wise thing to do. For the child's sake, get the immigration issues resolved first. Then, however that turns out, work on getting pregnant at such time as you want and are ready for a child for its' own sake.

Regards, JEff

Needhelp2009

Sorry for keep on asking you the questions, but your information is helping me. I know our cases are different, but I am getting some information out of it.

How to keep my case out of court, what does it mean? If my I485 gets denied based on I130 denial, then I assume I have no option but to go to court to ask IJ to allow me stay here until BIA makes a decision on I-130.

Thanks again for the response.

Needhelp2009

Thanks for the response, however, child advise is the last thing we need in this forum. We are capable of making informed decision. We are seeing some symptoms so it could be what we are thinking. We don't know yet, until we do the tests. That is why I said "may".

Ginblossom

You might find if you do "need help", sugar goes better than sour.

ian-mstm

It would have be nice if the OP had posted a link to the original thread so that the people he's asking to help don't need to hunt all over for the prior posts.

Ian

country_canuck

There may, or may not, be a remedy available to you that keeps you out of court (ie: removal proceedings). I have no idea and wouldnt pretend to know A good lawyer can only advise you of sound strategies. A good lawyer will have more than plan "A" and should be able to explain alternate strategies to deal with anything that may not go as planned. That being said, it is quite possible that there is only plan "A" and if that doesn't work you well... Good luck!

Rete

You asked us these questions before. Your situation is not a simple one and only a professional career immigration attorney can answer your questions with any type of correctness.

You said you have one. Have you asked them these questions?

As for your wife's possible pregnancy, it only shows that you had physical relations. It certainly does not indicate that you have a marriage.

country_canuck

Actually.... Doesn't prove physical relations at all, unless his name is T. Baster! ;-)