catawampus

Long story short - we filed an i-407 form to London Embassy office for my hubby so that we can file a new i-130 form. I need the stamped i-407 form to come back before I can file i-130.

I sent the i407 form via registered post, and there is proof that it was received on the 13th of March. I was told by our lawyer that processing and resending should only take 5-7 business days as they just sign and stamp a return form.

In hindsight, I should have sent a registered post return envelope rather than just regular stamped envelope... or just waited 2 weeks for the appt to become available in person at the embassy. Because it would have only taken up 10 minutes to do in person.

It's now the 31st of March.... which makes it way over the time it should be back. Should I be worried that it's lost in the post or am I worrying unnecessarily?

Guess there's no way to check if it's been sent?

ian-mstm

I don't see anywhere in either the I-130 or the I-130 instructions that requires a stamped I-407 as proof of status abandonment. Indeed, I don't see anywhere that an I-407 is even required to file a new I-130.

Ian

Noorah101

I agree with Ian. You can file the I-130 anytime. If it makes you feel better, include a photocopy of the I-407 you submitted, with a note explaining what you've done. .. but I doubt even that is necessary.

Rene

S Folinsky

Not quite on point, but relevant. These are people who were LPR's filing for adjustment of status to LPR. Note that the last two case combined becoming an LPR with relief for those who had been LPR's for seven years.

Matter of Rainford

Matter of Gabryelsky

Matter of Azurin

catawampus

I didn't see it either. But this is what our immigration lawyer is telling us. Maybe because it's not usual that people already have green cards they have to return? I'm so anxious as I'm basically wasting another week if I don't send off this I-130 form this week.

Thanks for the suggestion to include the form I submitted. Maybe the lawyer will think that is ok with the confirmation delivery print out.

ian-mstm

I believe he's wrong.


Send off the I-130. If US immigration wants proof of filing the I-407, they'll ask for it.


With respect, I think you're forgetting who works for whom!

Ian

catawampus

Funny part.... I JUST got the email that the lawyer received a copy of the i-407 from the embassy. They sent me a copy and tomorrow off the the i-130 goes. *jumping for joy* and even if they didn't get it to me, I would have sent it off based on your advice just to get on with it!

Many, many thanks!

ian-mstm

Ah, well then... happy news!

Ian

S Folinsky

Hmmm. Interesting. As a matter of "law," the I-407 is not required. But the minions of the Dark Forces sometimes have strange concepts of what the "law" provides and the rules of "my field and my football -- so my rules" often applies. I can see the possibility that adjudicators may say "we need not do this" and refuse to adjudicate. So, under the further rubric of "don't fight City Hall" the path of least resistance is the one to be taken. So your post causes me to wonder what the attorney's past experience has been.

catawampus

The firm is the chosen immigration lawyers for a large corporation and deal with a lot of our company's international transfers. Even though it is not required, perhaps they have certain experience in dealing with it that providing the document upfront prevents any delays further in the process... or maybe speeds it up.

I'm not saying they are correct, and I did question them on this, but ultimately, I don't want to rock the boat too much as they are helping us. At the moment, I'm giving them the benefit of the doubt as much as I would hope someone would do if they were requiring assistance from me in my profession that I know what I'm doing....