Urgent- Denied I-130
Jan 13th 2005, 11:11 am
#1
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Joined: Apr 2003
Location: Chapel hill, NC
Posts: 20
Urgent- Denied I-130
I came to the united states with my K-3 visa, and my I-130 was pending for about 2 years.
I and my husband failed to change the address on I-130 petition, and finally we've changed it after I saw the message that the final notice, which requested the proof of evidence, had been sent to us and returned to them in October, 2004.
We visited Korea last month and came back last week, and my husband found the letter from USCIS that said our I-130 petition was denied b/c we didn't respond their request for 84 days. They seem to think that we did abandonment, but we tried to change our address and I don't know why they didn't sent another letter to our new address.
Anyway, they wanted us to either reopen the case within a month or file an new I-130 petition. So, we've just sent our letter of request which explained the our situation and our efforts to change our address that could be the reason of a motion of reopen.
I am not sure that they approve the reopen the case.
Actually, I didn't file any I-485 since I came to the United States b/c we decided to get a IR visa that we thought as the best way to get green card.
The law said if the I-130 is denied, my current K-3 visa will be canceled in 30 days, and today is the 29th day since my I-130 was denied.
My questions are
1)Do I need to file I-485 and another I-130 as well as I-131 for advance parole? If I file them, can I travel to the other country?
2)If USCIS allows the old I-130 petition to reopen, would my visa still be valid? With my K-3 visa, I visited Korea 3 times during last 18 months. I have a plan to visit paris in March.
3)If my K-3 visa is canceled, can I enroll the school? I am attending at university here, and actually I am an international student who holds K-3 visa. (Eventhough my visa is not F-1, school defines me as an international student.)
4)What about an attorney? Do you think that I need to get an attorney for greencard and advance parole as well as my visa? We are very afraid of being illegal alien status in the United States.
Please give us an advices. We feel really frustrated.
Thank you in advance,
skidesu
I and my husband failed to change the address on I-130 petition, and finally we've changed it after I saw the message that the final notice, which requested the proof of evidence, had been sent to us and returned to them in October, 2004.
We visited Korea last month and came back last week, and my husband found the letter from USCIS that said our I-130 petition was denied b/c we didn't respond their request for 84 days. They seem to think that we did abandonment, but we tried to change our address and I don't know why they didn't sent another letter to our new address.
Anyway, they wanted us to either reopen the case within a month or file an new I-130 petition. So, we've just sent our letter of request which explained the our situation and our efforts to change our address that could be the reason of a motion of reopen.
I am not sure that they approve the reopen the case.
Actually, I didn't file any I-485 since I came to the United States b/c we decided to get a IR visa that we thought as the best way to get green card.
The law said if the I-130 is denied, my current K-3 visa will be canceled in 30 days, and today is the 29th day since my I-130 was denied.
My questions are
1)Do I need to file I-485 and another I-130 as well as I-131 for advance parole? If I file them, can I travel to the other country?
2)If USCIS allows the old I-130 petition to reopen, would my visa still be valid? With my K-3 visa, I visited Korea 3 times during last 18 months. I have a plan to visit paris in March.
3)If my K-3 visa is canceled, can I enroll the school? I am attending at university here, and actually I am an international student who holds K-3 visa. (Eventhough my visa is not F-1, school defines me as an international student.)
4)What about an attorney? Do you think that I need to get an attorney for greencard and advance parole as well as my visa? We are very afraid of being illegal alien status in the United States.
Please give us an advices. We feel really frustrated.
Thank you in advance,
skidesu
Jan 13th 2005, 11:46 am
#2
Account Closed
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: Urgent- Denied I-130
Originally Posted by skidesu
They seem to think that we did abandonment, but we tried to change our address and I don't know why they didn't sent another letter to our new address.
Actually, I didn't file any I-485 since I came to the United States b/c we decided to get a IR visa that we thought as the best way to get green card.
1)Do I need to file I-485 and another I-130 as well as I-131 for advance parole? If I file them, can I travel to the other country?
3)If my K-3 visa is canceled, can I enroll the school? I am attending at university here, and actually I am an international student who holds K-3 visa. (Eventhough my visa is not F-1, school defines me as an international student.)
4)What about an attorney? Do you think that I need to get an attorney for greencard and advance parole as well as my visa? We are very afraid of being illegal alien status in the United States.
Ian
Jan 14th 2005, 7:21 pm
#3
Guest
Posts: n/a
Re: Urgent- Denied I-130
ian-mstm wrote:
>>I came to the united states with my K-3 visa, and my I-130 was
>>pending for about 2 years.
>>I and my husband failed to change the address on I-130 petition,
>>and finally we've changed it after I saw the message that the
>>final notice, which requested the proof of evidence, had been
>>sent to us and returned to them in October, 2004.
>>We visited Korea last month and came back last week, and my
>>husband found the letter from USCIS that said our I-130 petition
>>was denied b/c we didn't respond their request for 84 days. They
>>seem to think that we did abandonment, but we tried to change
>>our address and I don't know why they didn't sent another letter
>>to our new address.
>>Anyway, they wanted us to either reopen the case within a month
>>or file an new I-130 petition. So, we've just sent our letter of
>>request which explained the our situation and our efforts to
>>change our address that could be the reason of a motion of
>>reopen.
>>I am not sure that they approve the reopen the case.
>>Actually, I didn't file any I-485 since I came to the United
>>States b/c we decided to get a IR visa that we thought as the
>>best way to get green card.
>>The law said if the I-130 is denied, my current K-3 visa will be
>>canceled in 30 days, and today is the 29th day since my I-130
>>was denied.
>>My questions are
>>1)Do I need to file I-485 and another I-130 as well as I-131 for
>> advance parole? If I file them, can I travel to the other country?
If you are here in valid K-3 status, then I think you should consider
filng a new I-130 concurrently with an I-485. Definitely consult with
an immigration attorney first to have a thorough review of your case
before you do this.
>>2)If USCIS allows the old I-130 petition to reopen, would my visa
>> still be valid? With my K-3 visa, I visited Korea 3 times during
>> last 18 months. I have a plan to visit paris in March.
If you actually did try to notify USCIS of your change of address and
have documentary proof of that, then the motion to reopen should be
granted. I would not advise traveling until you have this sorted out,
because you may not be permitted to re-enter. If you end up filing for
adjustment of status, then you could apply for advance parole to make
your trip. Depending on where you are, the timing may not work out for
your March trip, however.
>>3)If my K-3 visa is canceled, can I enroll the school? I am attending
>> at university here, and actually I am an international student who
>> holds K-3 visa. (Eventhough my visa is not F-1, school defines me as
>> an international student.)
If your K-3 status terminates, you are removable. You would not be able
to remain in the U.S. and attend school unless you applied for a change
of status to F-1 and that change of status was granted. This may or may
not be possible, because the K-3 is evidence of immigrant intent.
>>4)What about an attorney? Do you think that I need to get an attorney
>> for greencard and advance parole as well as my visa? We are very
>> afraid of being illegal alien status in the United States.
I strongly urge you to consult with an immigration lawyer.
--
Above intended as general commentary, not specific legal
advice. Your mileage may vary.
================================================== =============
Jonathan McNeil Wong Voice: 510-451-0544
Donahue, Gallagher Woods LLP Facsimile: 510-832-1486
P.O. Box 12979 http://www.donahue.com
Oakland, CA 94604-2979 E-mail: [email protected]
================================================== =============
>>I came to the united states with my K-3 visa, and my I-130 was
>>pending for about 2 years.
>>I and my husband failed to change the address on I-130 petition,
>>and finally we've changed it after I saw the message that the
>>final notice, which requested the proof of evidence, had been
>>sent to us and returned to them in October, 2004.
>>We visited Korea last month and came back last week, and my
>>husband found the letter from USCIS that said our I-130 petition
>>was denied b/c we didn't respond their request for 84 days. They
>>seem to think that we did abandonment, but we tried to change
>>our address and I don't know why they didn't sent another letter
>>to our new address.
>>Anyway, they wanted us to either reopen the case within a month
>>or file an new I-130 petition. So, we've just sent our letter of
>>request which explained the our situation and our efforts to
>>change our address that could be the reason of a motion of
>>reopen.
>>I am not sure that they approve the reopen the case.
>>Actually, I didn't file any I-485 since I came to the United
>>States b/c we decided to get a IR visa that we thought as the
>>best way to get green card.
>>The law said if the I-130 is denied, my current K-3 visa will be
>>canceled in 30 days, and today is the 29th day since my I-130
>>was denied.
>>My questions are
>>1)Do I need to file I-485 and another I-130 as well as I-131 for
>> advance parole? If I file them, can I travel to the other country?
If you are here in valid K-3 status, then I think you should consider
filng a new I-130 concurrently with an I-485. Definitely consult with
an immigration attorney first to have a thorough review of your case
before you do this.
>>2)If USCIS allows the old I-130 petition to reopen, would my visa
>> still be valid? With my K-3 visa, I visited Korea 3 times during
>> last 18 months. I have a plan to visit paris in March.
If you actually did try to notify USCIS of your change of address and
have documentary proof of that, then the motion to reopen should be
granted. I would not advise traveling until you have this sorted out,
because you may not be permitted to re-enter. If you end up filing for
adjustment of status, then you could apply for advance parole to make
your trip. Depending on where you are, the timing may not work out for
your March trip, however.
>>3)If my K-3 visa is canceled, can I enroll the school? I am attending
>> at university here, and actually I am an international student who
>> holds K-3 visa. (Eventhough my visa is not F-1, school defines me as
>> an international student.)
If your K-3 status terminates, you are removable. You would not be able
to remain in the U.S. and attend school unless you applied for a change
of status to F-1 and that change of status was granted. This may or may
not be possible, because the K-3 is evidence of immigrant intent.
>>4)What about an attorney? Do you think that I need to get an attorney
>> for greencard and advance parole as well as my visa? We are very
>> afraid of being illegal alien status in the United States.
I strongly urge you to consult with an immigration lawyer.
--
Above intended as general commentary, not specific legal
advice. Your mileage may vary.
================================================== =============
Jonathan McNeil Wong Voice: 510-451-0544
Donahue, Gallagher Woods LLP Facsimile: 510-832-1486
P.O. Box 12979 http://www.donahue.com
Oakland, CA 94604-2979 E-mail: [email protected]
================================================== =============
