Intent of deny for i-485

rrreddy

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rrreddy Newbie

rrreddy

Posted
Posted

Hello every one, any help or thoughts will be appreciated on below issue

Me and my wife applied for employment based GC back in March 2006, my wife was primary and i was dependent.She got GC in SEP 2006 and i got RFE to show more evidence of marriage because we were married in 2005.We updated RFE in NOV 2006 from that time to now there was no update in my case.

On NOV 15 2011 my wife became US citizen, since my wife became citizen i got a intent of deny letter saying that primary applicant not any more in process of GC.

On DEC 12 2011 again i applied for Family based GC(485/130/864/765/131). i spoke to my attorney as per her i need to cancel the existing(employment based) GC, if i do that i may loose my EAD.loosing EAD means loosing job. Is there any way i can retain existing EAD.i am thinking to send a letter to USCIS(response to Intent of Deny) to merge or consolidate both Employment based and Family based GC applications so that way i can keep my current EAD(it's valid till 12/12) not sure it works or not.

I know consolidating both the cases may take time but i can save my job.

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my2239 Advanced Member

my2239

Posted
Posted

Firstly, you have a complex and important case

Lawyer opinion should always be the best and the only one you should trust

None the less, here are some questions, suggestions for you

1) After your wife's GC approval, it is at least 5 years and your application for dependent GC was pending

Did you make any follow up?

If you filed Writ of Mandamus, you would have got your GC by now!

anyway what is over is over

2) When you got a NOID from USCIS, it appears they were indicating two things:

a) You may qualify to apply based on your wife's US citizenship

b) The whole basis for your stay all these years in USA may be invalid. Forget about the EAD, even stay in USA while 485 is pending is strictly based on the trust that the 485 is otherwise approvable

Given that no action was taken by USCIS in the last 5 years, you should NOT have applied for your wife's naturalization

Reason: The moment she is naturalized, your basis for a dependent 485 is lost

Hence you may have gained illegal presence for the past 5 years which may qualify you for a 10 year or more ban

I do not intend to frighten you but it is amazing that nothing was done to inquire about your 485 status for 5 years

Your lawyer should have advised you not to file for your wife's citizenship so soon

My sincere suggestion would be to discuss this with a respectable lawyer like Attorney Murthy and proceed with caution

Wishing you all the best

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rrreddy Newbie

rrreddy

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Hi, Yes i do followd up via Congress man.

Answer is: My case has been transferred to EB2 from 'Schedule A' cataegory and once VISA numbers are availble will assign one.

Initially when we applied Employemnt 485 it was under Schedule A cataegory by the time RFE submitted the quota got exacusted

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BigJoe5 Advanced Member

BigJoe5

Posted
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You are now the spouse of a USC with an adjustment in process. You could probably have interfiled the I-130 on the existing I-485 but as was said. What's done is done.

The fee for the I-485 also covers the I-765 and I-131. A new EAD is easily attainable, in the meantime, as an Immediate Relative (IR) of a USC, even unauthorized employment will be forgiven (not that your work will ever be called unlawful at this point and in this situation). You have been in a period of authorized stay (at the very least) since the old I-485 was filed. Unlawful presence is a non-issue, inapplicable and irrelevant to you.

Lastly, being that we are days away from 2012 and you are still married (going on 7 years), that issue probably isn't one UNLESS it was fraud from day-one (you show no indication that is was fake--this is likely a non-issue).

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