In removal proceedings, filed I-130 and i-485 concurrently. I-485 interview coming up

[mankster]

Hello.

Here's our situation:

My wife is in removal proceedings due to overstaying a tourist visa. We have a 1-year 3 month continuance to "find an attorney". We're currently interviewing candidates.

In any case, my wife and I were married while she was in deportation proceedings. We were engaged prior to with plenty of evidence of our bona fide marriage. anyway, someone we thought was certified to handle immigration cases filed the i-130 and i-485 simultaneously in our behalf while she was in removal proceedings. From what I have researched, the i-485 is not in the jurisdiction of USCIS while in removal proceedings. My question is, once the I-130 is approved, hopefully following the interview, and we anticipate the I-485 being "administratively closed", can we, after successfully getting the Immigration Judge to terminate the case based on an approved I-130, file a motion to have the "closed" i-485 reopened? Our motive is to save the re-filing fee.

OR...is it possible to request USCIS have it remanded to the immigration judge for adjudication?

Thanks!

[chikitalv]

hello.

Here's our situation:

My wife is in removal proceedings due to overstaying a tourist visa. We have a 1-year 3 month continuance to "find an attorney". We're currently interviewing candidates.

In any case, my wife and i were married while she was in deportation proceedings. We were engaged prior to with plenty of evidence of our bona fide marriage. Anyway, someone we thought was certified to handle immigration cases filed the i-130 and i-485 simultaneously in our behalf while she was in removal proceedings. From what i have researched, the i-485 is not in the jurisdiction of uscis while in removal proceedings. My question is, once the i-130 is approved, hopefully following the interview, and we anticipate the i-485 being "administratively closed", can we, after successfully getting the immigration judge to terminate the case based on an approved i-130, file a motion to have the "closed" i-485 reopened? Our motive is to save the re-filing fee.

Or...is it possible to request uscis have it remanded to the immigration judge for adjudication?

Thanks!

i'm exactly at the same situation but my i 485 was closed before my interview for the 130 im a lil bit sad because i just lost the immigration fee because the i485 was close $1070 can you tell me what was the process you went thru after your interview i don't know what to do next i will appreciate any help thank you