filing the I-485

[diegbecerra]

Hi my us citizen wife filed a I-130 for me. When I got the receipt letter I noticed that it was only for an I-130 and not an I-485 aswell. I asked my attorney why didn't he filed the I-485
Together with the I-130 and he said that since when I came in the country with a tourist visa US customs forgot to stamp my visa that I basically came in illegally and that this issue would be addressed at the marriage interview later on and thats when we would know if we can file the I-485. Is this true? I feel skeptical about this being addressed at the interview.

Also I am protected under the 245(i) as my us citizen sister petitioned an I-130 for me back in October of 2000.

Thanks

[MaryH]

I'm just amazed when clients and attorney doesn't discuss matters pertaining to the case. Knowing, your specific case, as it pertains to you, all the papers you r signing etc. Therefore, at the end of the day, you the client should be able to make the final decision on everything discussed. Since your lawyer says, your lack of proof of Admittance in the country, will have to be addressed at your interview; it made me to believe that he may have informed, uscis and request it being reviewed at your interview. If that is not so, then, uscis, will definately, request that from you...... which you wouldn't have and not giving uscis, what they RFI, is not an option. It may appear that your lawyer is on the right track.