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Adjustment of Status

We were hired by a Canadian woman who married her United States citizen husband in 2008. At the time, he petitioned for her by filing an I-130 and I-485 simultaneously. Unfortunately the couple was not represented by an attorney. At their first interview, they did not have the required documents in order for the applications to be adjudicated favorably. Both the I-130 and I-485 were denied by USCIS. Once they retained our firm, we immediately began to gather the requisite documents, which included a death certificate from the petitioner’s late wife and her original birth certificate. The couple did not have any photographs taken together with the exception of 3 snapshots taken the day of their wedding. The wife owned her own home but did not wish to add her husband’s name to the deed. The couple did not share a bank account, as the husband did not use the service of a bank. The couple did not have any joint utility bills or insurance.

An additional problem with her case stemmed from her last entry into the United States when she entered as a visitor in 2010, but had been married and living in the United States since 2008. We attended the interview on the new applications at the West Palm Beach Field Office with the couple The officer at this interview questioned them about their lack of conventional documentation. It took lengthy explanation and persuasive argument for the officer to understand the couple’s relationship.

I-130 and I-485 applications were simultaneously