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  1. #1
    ninersfan is offline Junior Member
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    Unhappy I-130 granted I-485 denied

    What is the name of your state? California

    Hello,


    My wife is here on a expired visitor visa (2003-2006) but she did come into the states legally. She lost her passport, visa and i-94. We married January 2006 and applied for I-130, I-485, I-102, I-765(EAD).

    We sent the entry exit form from the Korean immigration that was in Korean but it was not translated to English for the I-102 as well as a form from the Airlines with her name, flight number and date of entry into the US when she came here on a visitor visa. But this was denied due to the fact that the I-485 form we had submitted was put on hold due to the fact they requested further evidence. So therefore we are having a hard time replacing the I-94 which she lost after she entered the US from Korea legally.

    Now January 2007 the I-130 was approved but the I-485 was denied due to the fact that they did not receive enough evidence that she entered the US legally. (because we were not able to replace the lost I-94 using the I-102 form)


    What should/can we do now? please help
  2. #2
    evcalyptos is offline Senior Member
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    Quote Originally Posted by ninersfan View Post
    What is the name of your state? California

    Hello,


    My wife is here on a expired visitor visa (2003-2006) but she did come into the states legally. She lost her passport, visa and i-94. We married January 2006 and applied for I-130, I-485, I-102, I-765(EAD).

    We sent the entry exit form from the Korean immigration that was in Korean but it was not translated to English for the I-102 as well as a form from the Airlines with her name, flight number and date of entry into the US when she came here on a visitor visa. But this was denied due to the fact that the I-485 form we had submitted was put on hold due to the fact they requested further evidence. So therefore we are having a hard time replacing the I-94 which she lost after she entered the US from Korea legally.

    Now January 2007 the I-130 was approved but the I-485 was denied due to the fact that they did not receive enough evidence that she entered the US legally. (because we were not able to replace the lost I-94 using the I-102 form)


    What should/can we do now? please help
    You do have some serious issues to clean up here.

    Your wife has accumulated sufficient time out of status to incur a ban if she leaves the US before she becomes a Permanent Resident.

    Now you have a denied I-485 to add to it. The I-485 is what would lead to her PR status (see above).

    You need to find out the status of that I-102---did you include that with your I-485 filing, to show that you'd applied for it?

    I'd start lawyer shopping if I were in your shoes--the stakes are quite high. Start at aila.org
  3. #3
    ninersfan is offline Junior Member
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    thank you for your reply

    The I-102 was denied...they couldnt find her i-94 file... maybe she should try again with a translated entry exit form and a official letter from the Airlines that states her flight number, and date she entered the US.


    Yes our attorney filed the I-130, I-485, I-102 concurrently

    gosh all we need is the I-94 copy, I-94 number or anything to help them find her I-94 file... but i heard sometimes they do not file the I-94 in their database... but this was in 2003 so they should have kept records of people coming into and out of the US due to 9/11

    lets just say some miracle happens and we replace the lost I-94... should we re apply the apply the I-485 again?

    we are basically looking for other options hoping to not find a dead end....
  4. #4
    Lexxi2006 is offline Member
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    I lost my passport with my I94 too and contacted USCIS (I102). I also contacted Freedom Of Information Act who forwarded my request to US Customs and Border Protection. I've been in the country from the 80's, unfortunately there is absolutely no record of my entrance/exit into the US Thankfully, I applied under 245i. anyway, since it's only been a few years your wife should contact US Customs and Border Protection . Write a detailed letter and include her name, DOB, country of citizenship, Entry and Depature dates, Port of entry and everything else she can remember. not sure if I am allowed to post the address here. email me for the address if you choose to proceed in this direction.
  5. #5
    ninersfan is offline Junior Member
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    Talking

    Lexxi,

    Thank you very much! I actually thought about asking US Customs and Border protection but could not find a proper address.

    I did not know about the 245i.

    I appreciate all the help since this is a HUGE problem lingering over us.


    please send the address to [email]julianchang411@gmail.com[/email]

    thanks again!
  6. #6
    evcalyptos is offline Senior Member
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    Quote Originally Posted by ninersfan View Post
    thank you for your reply

    The I-102 was denied...they couldnt find her i-94 file... maybe she should try again with a translated entry exit form and a official letter from the Airlines that states her flight number, and date she entered the US.


    Yes our attorney filed the I-130, I-485, I-102 concurrently

    gosh all we need is the I-94 copy, I-94 number or anything to help them find her I-94 file... but i heard sometimes they do not file the I-94 in their database... but this was in 2003 so they should have kept records of people coming into and out of the US due to 9/11

    lets just say some miracle happens and we replace the lost I-94... should we re apply the apply the I-485 again?

    we are basically looking for other options hoping to not find a dead end....
    Well, what does your attorney have to say??? I'm shocked that he would let your case get as far as an outright denial of the I-485.

    Hopefully he is reminding you to not let your wife leave the US without a plan.
  7. #7
    ninersfan is offline Junior Member
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    We know she is not supposed to leave the country.

    Our lawyer is not an immigration lawyer

    UPDATE:

    I called ACS in London KY who processes I-94's for the government and of course they said they send all the information enter into a database to the USCIS... so another dead end.

    We are going to try to send a translated entry exit form as well as the copy of her original passport with the I-102... in order to help them find a copy of her I-94.
  8. #8
    evcalyptos is offline Senior Member
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    Quote Originally Posted by ninersfan View Post
    We know she is not supposed to leave the country.

    Our lawyer is not an immigration lawyer

    UPDATE:

    I called ACS in London KY who processes I-94's for the government and of course they said they send all the information enter into a database to the USCIS... so another dead end.

    We are going to try to send a translated entry exit form as well as the copy of her original passport with the I-102... in order to help them find a copy of her I-94.
    I'm sorry you've hit these dead ends. I really strongly urge you to find an immigration attorney--heck, doesn't YOUR attorney work with any? You can find referrals at aila.org (they actually have a special site for the referrals if you google) and talk to a few on the phone. You can't just leave this, it's got to be handled.

    Good luck & keep an eye on your thread here. Who knows when an answer will turn up?
  9. #9
    ninersfan is offline Junior Member
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    Smile

    OKAY!

    I HAVE GREAT NEWS!

    They found my wifes I-94 and we have a copy of it. The problem now is that should we do the all the forms ouselves or have the same lawyer do it again.

    Our lawyer wants to charge us half of what he charged us the first time.

    Since this is a special circumstance where we already had the I-485 denied I would think that either having him do it all over again for us or have a great immigration lawyer do it.
  10. #10
    ImmigAttyLana is offline Senior Member
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    I think that given your attorney is not even an immigration attorney, what are doing with him handling an immigration case? How much did he charge you in the beginning for the process, given that he did not even know how to resolve your situation?

    Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.
    Thanks,
    Lana
    Immigration Attorney
    Admitted to practice in CA, AZ, IN and OH
  11. #11
    ninersfan is offline Junior Member
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    he charged us about $1500

    we chose him because he "tried" to help us find her lost passport, i-94 and visa because he said he knew the lawyers that the person who supposedly "lost" her passport, i-94, visa

    the story behind it is that my wifes ex-boyfriend refused to give it back and then supposedly FBI or ICE or whoever came and took it from him because was charged with other serious matters...so therefore they actually have/had it or he is lying and just refused to give it back out of anguish due to there bad breakup.

    also because he is korean and my wife is native korean so the communication would be better

    but now i found a korean immigration lawyer close to me so we might go to him...

    now my current lawyer wants to charge us $750 to do the I-130, I-485, I-765 again...this makes me angry because he still has not finished the job of getting her status adjusted...

    im thinking about doing it myself but i want to make sure everything will be OK before i do it again because the fact that our first I-485 was rejected the first time

    im sorry if this is confusing but this is a HUGE mess that we would like to get settled once and for all...
    Last edited by ninersfan; 07-11-2007 at 02:52 AM.
  12. #12
    ImmigAttyLana is offline Senior Member
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    For someone who is not even an immigration attorney, that's a lot of money to charge for something that he could not even complete adequately.
    Thanks,
    Lana
    Immigration Attorney
    Admitted to practice in CA, AZ, IN and OH
  13. #13
    ninersfan is offline Junior Member
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    1. Which applications do i send again?

    2. I have now acquired a job that surpasses the income requirements to sponsor my wife. Do I still have to have a co-sponsor because in the previous 3 years I have not met the income requirement. My sister co-sponsored me and the last time we filed the i-485 and i-130.

    3. Also do we have to have my wife do the medical examination again? or just use the medical examination from the last time?

    thank you for your advice
  14. #14
    ImmigAttyLana is offline Senior Member
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    No, the entire I-485 has to be refiled, with all the supporting documentation (new medicals) and filing fees, etc. You should try to do it all before 7/30 when the USCIS filing fees increase considerably.

    Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.
    Thanks,
    Lana
    Immigration Attorney
    Admitted to practice in CA, AZ, IN and OH

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