Intriguing situation : I-130 petition approved and refiling I-485

[ShuchiAgarwal]

Dear All

My case is as follows:

1. My I485 was filed as a dependent through my husband's (primary) place of work in 2004 (12 years ago). We both had the same priority date.
2. My husband received his approval and green card in 2007 and naturalized in 2012.
3. My I-485 continued to be pending (no issues). Followed up with USCIS as well as the local senator. Always got the reply that the priority date was not current.
4. At that time, we did not think to apply through I130 since nothing was impacted and we kept thinking I will get my approval soon. I continued to be on EAD and AP which i kept renewing regularly.
5. Finally received an RFE on my I-485 in Feb - 2016 asking for letter from husband's original employer and updated medical for me.
6. Hired a lawyer who advised to file I-130 for my green card through husband and request for transfer of existing I-485 to the new application.
7. We did the above. The I-485 transfer was denied but the I130 was approved.
8. I have a valid AP and EAD until April 2017.
9. Now lawyer is saying it is best to file a new I-485 based on the approved I130.

Just was wondering if anyone has had or knows of a similar experience. Though the lawyer has assured me all is well, I just wanted to get some input if this is the right path. What can be possible challenges and outcomes.

Appreciate any input.

Thanks
Shuchi

[rayb]

Since you are now "immediate priority" based on your husband's citizenship, filing a new I-485 is a "no-brainer." File the I-485.

--Ray B

Dear All

My case is as follows:

1. My I485 was filed as a dependent through my husband's (primary) place of work in 2004 (12 years ago). We both had the same priority date.
2. My husband received his approval and green card in 2007 and naturalized in 2012.
3. My I-485 continued to be pending (no issues). Followed up with USCIS as well as the local senator. Always got the reply that the priority date was not current.
4. At that time, we did not think to apply through I130 since nothing was impacted and we kept thinking I will get my approval soon. I continued to be on EAD and AP which i kept renewing regularly.
5. Finally received an RFE on my I-485 in Feb - 2016 asking for letter from husband's original employer and updated medical for me.
6. Hired a lawyer who advised to file I-130 for my green card through husband and request for transfer of existing I-485 to the new application.
7. We did the above. The I-485 transfer was denied but the I130 was approved.
8. I have a valid AP and EAD until April 2017.
9. Now lawyer is saying it is best to file a new I-485 based on the approved I130.

Just was wondering if anyone has had or knows of a similar experience. Though the lawyer has assured me all is well, I just wanted to get some input if this is the right path. What can be possible challenges and outcomes.

Appreciate any input.

Thanks
Shuchi

[Adrian Gruber]

Refile

Dear All

My case is as follows:

1. My I485 was filed as a dependent through my husband's (primary) place of work in 2004 (12 years ago). We both had the same priority date.
2. My husband received his approval and green card in 2007 and naturalized in 2012.
3. My I-485 continued to be pending (no issues). Followed up with USCIS as well as the local senator. Always got the reply that the priority date was not current.
4. At that time, we did not think to apply through I130 since nothing was impacted and we kept thinking I will get my approval soon. I continued to be on EAD and AP which i kept renewing regularly.
5. Finally received an RFE on my I-485 in Feb - 2016 asking for letter from husband's original employer and updated medical for me.
6. Hired a lawyer who advised to file I-130 for my green card through husband and request for transfer of existing I-485 to the new application.
7. We did the above. The I-485 transfer was denied but the I130 was approved.
8. I have a valid AP and EAD until April 2017.
9. Now lawyer is saying it is best to file a new I-485 based on the approved I130.

Just was wondering if anyone has had or knows of a similar experience. Though the lawyer has assured me all is well, I just wanted to get some input if this is the right path. What can be possible challenges and outcomes.

Appreciate any input.

Thanks
Shuchi

Ray B is correct, sadly you forfeit all your filing fees from your pending/denied I-485
You have a couple of things going for you: You are married to a US citizen and you live in the US so you don't need Consular Processing.
Since your husband petitioned USCIS and your Petition I-130 was approved you are considered "Immediate Family" and therefore you don't need to wait for a visa #
File a new AOS I-485 application and enclose the appropriate docs and fees. You will need a new Medical I-693 as it runs out after a year so budget seperately for that as it is not covered by medical insurance. You will need an I-134 or a waiver if you are supporting yourself.
Again I stress if you are currently residing here in the US your I-485 takes appx. 87-90 days to process.

Good luck.

[ShuchiAgarwal]

Since you are now "immediate priority" based on your husband's citizenship, filing a new I-485 is a "no-brainer." File the I-485.

--Ray B

Thanks Ray! Also should I be concerned about my status while the new I 485 is being processed. I already have an valid AP and EAD until April 2017. The lawyer suggested that I should apply for an EAD and AP with the new I 485 filing. Is that what you also recommend?

I am planning to refile but wanted to get a second opinion. Sadly it is going to cost me more than 2000 USD in lawyer's fees + filing fee.

Thanks again
Shuchi

- - - Updated - - -

Hi Adrian

Thanks for your reply. I asked Ray the same question so am reposting it for your opinion as well.

"Should I be concerned about my status while the new I 485 is being processed. I already have an valid AP and EAD until April 2017. The lawyer suggested that I should apply for an EAD and AP with the new I 485 filing. Is that what you also recommend?"

Thanks
Shuchi

Ray B is correct, sadly you forfeit all your filing fees from your pending/denied I-485
You have a couple of things going for you: You are married to a US citizen and you live in the US so you don't need Consular Processing.
Since your husband petitioned USCIS and your Petition I-130 was approved you are considered "Immediate Family" and therefore you don't need to wait for a visa #
File a new AOS I-485 application and enclose the appropriate docs and fees. You will need a new Medical I-693 as it runs out after a year so budget seperately for that as it is not covered by medical insurance. You will need an I-134 or a waiver if you are supporting yourself.
Again I stress if you are currently residing here in the US your I-485 takes appx. 87-90 days to process.

Good luck.

[Adrian Gruber]

Thanks Ray! Also should I be concerned about my status while the new I 485 is being processed. I already have an valid AP and EAD until April 2017. The lawyer suggested that I should apply for an EAD and AP with the new I 485 filing. Is that what you also recommend?

I am planning to refile but wanted to get a second opinion. Sadly it is going to cost me more than 2000 USD in lawyer's fees + filing fee.

Thanks again
Shuchi

- - - Updated - - -

Hi Adrian

Thanks for your reply. I asked Ray the same question so am reposting it for your opinion as well.

"Should I be concerned about my status while the new I 485 is being processed. I already have an valid AP and EAD until April 2017. The lawyer suggested that I should apply for an EAD and AP with the new I 485 filing. Is that what you also recommend?"

Thanks
Shuchi

You have 9 months until you need to be concerned about EAD status, I'm making the assumption that you have valid state ID and a valid SS#CARD?
Sorry but you lose your prior filing fee but can't be helped as you abandon the prior application.
You have several things going for you. You are married to a US Citizen, your Petition I-130 has been approved, you don't have to wait for a visa #
I am not an attorney so I can't judge why you need 1, I filed my I-130 and I-485 myself. Unless you have issues you may not need 1 and can file yourself.

Good luck.

[ShuchiAgarwal]

You have 9 months until you need to be concerned about EAD status, I'm making the assumption that you have valid state ID and a valid SS#CARD?
Sorry but you lose your prior filing fee but can't be helped as you abandon the prior application.
You have several things going for you. You are married to a US Citizen, your Petition I-130 has been approved, you don't have to wait for a visa #
I am not an attorney so I can't judge why you need 1, I filed my I-130 and I-485 myself. Unless you have issues you may not need 1 and can file yourself.

Good luck.

Thanks Adrian! Yes, I do have a Valid SSN# and state Id. Never been out of status. In retrospect maybe should have filed as soon as my husband naturalized but I guess now is a good time as any :-). Thanks again.

Shuchi