Posted by: gallery September 12, 2013
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Hello everyone,
Thank you for the reply. Today i went to an attorney regarding my RFE which asked for my wife's USA citizenship even though i filed while F2A was current.
I asked the lawyer why they asked my wife's USA citizenship even though F2A was current. He told me that i130 and i485 cannot be filed together. i should have waited till i130 get approved. But for my knowledge F2A current means we can file both forms together. He told me now i have very few options. Either to go back to Nepal and file i485 or cancel i485 application. So i asked him what is the purpose of having F2A current if i cant file together. he didnt particulary gave me any reason and basically told me i cant file both forms together. N here is the email that he send me when i came home.
Mr. Thapa,
Per our conversation I am following up on on a quote for services to assist you on your adjustment of status with U.S. Citizen and Immigration Services.
As discussed, the Request for Evidence that you received is addressing the I-485 petition that you filed in conjunction with your I-130 petition. Because your wife is a Legal Permanent Resident, and as we confirmed, the Visa availability on Category F2A has gone back a few weeks it will be recommended that you first get an approval of your I-130 before proceeding with your I-485. This will avoid having an officer deny your application if he determines that you cannot proceed on your application if the F2A category goes back before your August 13, 2013 priority date.
Additionally, since your wife is applying for US Citizenship it would also benefit you to have her complete that process in order to get a better priority on your application.
To withdraw your I-485 with USCIS we will charge as follows:
1. Legal Fees = $1000, $500 down, balance in 2 months.
2. Filing Fees = Any fees associated with this request will be paid to USCIS.
Once your wife becomes a US Citizen and you have an approval of your I-130 you will be able to continue with the process to get your resident card. Also, at this time, it appears that your work permit will end once your I-485 is withdrawn.
If you have any other questions regarding our meeting or this email please feel free to let me know.
** I have seen so many law firms webiste saying that both forms can be filed together. The way this lawyer told me seems like F2A category doesnt make difference and i have to leave to country.
** I got really frustated coz of this and i am going to see another indian lawyer tomorrow. Hope i would get some help. Does any sajha memebers have any idea what should i do and is there any one who is in my situation? I need a right suggestions pls.
Thank you for the reply. Today i went to an attorney regarding my RFE which asked for my wife's USA citizenship even though i filed while F2A was current.
I asked the lawyer why they asked my wife's USA citizenship even though F2A was current. He told me that i130 and i485 cannot be filed together. i should have waited till i130 get approved. But for my knowledge F2A current means we can file both forms together. He told me now i have very few options. Either to go back to Nepal and file i485 or cancel i485 application. So i asked him what is the purpose of having F2A current if i cant file together. he didnt particulary gave me any reason and basically told me i cant file both forms together. N here is the email that he send me when i came home.
Mr. Thapa,
Per our conversation I am following up on on a quote for services to assist you on your adjustment of status with U.S. Citizen and Immigration Services.
As discussed, the Request for Evidence that you received is addressing the I-485 petition that you filed in conjunction with your I-130 petition. Because your wife is a Legal Permanent Resident, and as we confirmed, the Visa availability on Category F2A has gone back a few weeks it will be recommended that you first get an approval of your I-130 before proceeding with your I-485. This will avoid having an officer deny your application if he determines that you cannot proceed on your application if the F2A category goes back before your August 13, 2013 priority date.
Additionally, since your wife is applying for US Citizenship it would also benefit you to have her complete that process in order to get a better priority on your application.
To withdraw your I-485 with USCIS we will charge as follows:
1. Legal Fees = $1000, $500 down, balance in 2 months.
2. Filing Fees = Any fees associated with this request will be paid to USCIS.
Once your wife becomes a US Citizen and you have an approval of your I-130 you will be able to continue with the process to get your resident card. Also, at this time, it appears that your work permit will end once your I-485 is withdrawn.
If you have any other questions regarding our meeting or this email please feel free to let me know.
** I have seen so many law firms webiste saying that both forms can be filed together. The way this lawyer told me seems like F2A category doesnt make difference and i have to leave to country.
** I got really frustated coz of this and i am going to see another indian lawyer tomorrow. Hope i would get some help. Does any sajha memebers have any idea what should i do and is there any one who is in my situation? I need a right suggestions pls.