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Need advice regarding my immigration status?
Anonymous5 views3 answers
i came to US with F1 visa and i got married Over two year ago, after a year of my marriage i file for my adjustment status and we have been having ups and down in our marriage so we went for the interview and for some reason she withdraw it cos she a petition but we are still strong in our marriage , so i was denied for i-485 .we are still married and living together and and i had to file again now which my case is on interviewing schedule process but im yet to receive the work authorization so what should i be expecting now ? because after i was deny then and it says in the letter that the work authorization i got was also terminated but it still work then so im wondering with that be a delay this time that i havent receive work authorization on the one in process now ?
Bruce E. BuchananImmigration AttorneyNashville, TN ·
Work authorizations usually take 90 days after filing. Since the first I-130 petition was withdrawn and the I-485 was denied, it is very important to obtain legal counsel before your second interview and also to determine whether other documents regarding legitimacy of the marriage should be provided at the interview. If you still have questions, you should contact an immigration attorney in your area for a consultation. You can use the search feature or you may wish to search the American Immigration Lawyers Association directory at: http://www.ailalawyer.com to select an immigration attorney near you.
You should both go talk with an immigration attorney and review exactly what your situation is. Immigration status is not something that should be given or withheld by one spouse because of issues you are having in your marriage. The risks are just too great. You both need to understand what you are doing, and how USCIS may see it - which might be quite different to what you see. Go get some real advice.
As my colleagues have noted, you should consult and hire an immigration lawyer to assist you as your wife's withdrawal of the I-130 and corresponding denial of your I-485 have placed you in a precarious situation. USCIS now believes that the marriage is not genuine or bona fide. You need to tread carefully going forward and need the direction of an experienced immigration lawyer to guide you through these issues.