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  1. #1
    Join Date
    Oct 2008
    Posts
    1

    Default I-130 / I-485 Administratively Closed - Refile?

    My wife was married to another fellow about 8 years ago and she had a conditional green card. She filed the I-751 and waited about 2 years when she got divorced. She and I met and we got married. I filed the I-130 and I-485 because we could get NO information from her case. Anyway, we got the letters and went to take the fingerprints ... everything they asked .. and waited ... and waited .. and waited. Calling did not help any. Eventually we found out that our case had been administratively closed due to an unanswered request for information. It turns out that they wanted my affidavit of support. But, we never got the letter. In fact, they said it came back as undeliverable as addressed. Either way, we never got it although we got the fingerprint request letter after that one supposedly came.

    I hired a lawyer to get the case reopened. He said it should not be a problem. That was 14 months ago ... I called him and emailed him and certified letter him. He evidently passed the case off to one of his underlings right after I came into the office. That person did nothing for several months. Anyway, to make a long story short, he came back last week and told me the SAME EXACT THING I talked to the original lawyer about when I first went into his office 14 months ago. He said the I-751 was considered abandoned since I filed the I-130/I-485 (which I already knew) and that my case was administratively closed (Which I already knew) and that I could refile. So, 14 months and about a grand later ... I am back to where I walked in to their door ..

    So, my question is this .. Is there a way to give them (USCIS) my affidavit of support and be done with this mess (we have been waiting almost 4 years through this process) or do I have to refile. As it is right now, my wife's drivers is about to expire and I can not get them renewed without documentation that she is here legally. She will have to quit her job because she can't drive ... and that worries me with our 3 year old son in the house (I have to travel a lot for my work) .

    Any help would be appreciated.

    I live in Ga ... So, going to USCIS every day (infopass allowing) if necessary .. I just don't know to get this done quickly. And after waiting all these years and all this aggravation, I am beginning to believe that it can't be done quickly with USCIS.

  2. #2
    Join Date
    Feb 2006
    Location
    NA
    Posts
    244

    Default Re: I-130 / I-485 Administratively Closed - Refile?

    What type of questions/responses have you received from infopass appointment?

    Have you asked them if there is a way to re-open the case? To my knowledge, if the case is closed, your only option is to re-file.

    If you re-file the I130 and I485..also file the I765 work authorization form. For the Atlanta office, they are taking about 3 months to process this work authorization. She should be able to renew her drivers license with this document.

    Definately search for a new lawyer...

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