Vinter

Hello All!

First off, a little background about my mom and I. We came under K1 and K2 visas. Mom mom was married to my step dad within 90 days and filed for permanent residency. For somehow, the lawyer only filed EAD for my mom ONLY, thus, I did not have EAD and SSN. Unfortunely, my step dad passed away in 2005, and a few months later, we went to the interview and got rejected because my mom's marriage was less than 2 years.

A new law passed and allowed us to file for residency. I checked online and it said my mom's I-485 was denied in 2007 (????? how could it be when the rejected letter was sent to my mom in 2005). My I-485 is still pending, which is weird also. Anyway so we decide to file all new application, in case it is a pending mistake.

We have consulted 2 lawyers and apparently my mom, a widow of a U. S citizen, and I can file I-360 together with I-485 under new law which ended the widow penalty. The problem is each of them charges us over 4k and we just could not afford. So I will try my best to file them on my own. Your help will be much appreciated. Please help us!!!


I-485


1) On the I-485, part I, there is a part about CURRENT USCIS status. How should I fill it out?

2) On the I-485, part II, should my mom and I check on BOX A and should we attach the I-360(Widow petition)?

3)Should my mom state her deceased husband in part 3 or leave it blank?

4) There are various sources within USCIS which states that I-360 should be filed together with I-485 and send it to Chicago Lockbox. But on the I-485 instruction, it states that we should sent it to Nebraska or Texas???????

I-785


For the I-765, are my mom and I under THOSE HAVE FILED AJUSTMENT OF STATUS before since we have filed it in 2004?


Please hep us! We have waited for so long to apply!

ian-mstm

With all due respect, you can't afford *NOT* to have an attorney help you... and this is why credit cards were invented. This is *NOT* a do-it-yourself project... and I suggest that your situation is a bit beyond the experience of the forum members.

Ian

Noorah101

I agree with Ian. It seems you've been living here in the USA since 2005 without any status. You NEED to have a lawyer help you with this case. Try calling Catholic Charities or some other organization that provides discounted immigration services.

Rene

emartin

I agree with Noorah and Ian - you really need to have a lawyer help you. You do not want to rely on free advice in such an important situation. I have blogged about the so-called "widow penalty" so you can get information here, http://martinvisalaw.blogspot.com/se...idow%20penalty. Please use a lawyer, even if you think it's expensive. It's worth it to be able to stay in the US. It will also be less expensive to use a lawyer now than to retain one after you are put into removal (deportation) proceedings if you don't file. Catholic Charities is a good suggestion, or another immigration clinic in your area.

dreamercon

If you live in the ninth circuit, you may also be protected by the Choin v. Mukasey case, according to which, once a K-1 marries the petitioner, he/she has satisfied all the requirements for immigrating. That is another avenue in addition to the widow penalty that you could look into - in fact this avenue has existed since 2008.