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Filing i-485 after i-130 is aproved

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My friend is married to an American woman.

He is living with her in the United States.

For some reason they only filed the i-130 petition. They did not file the i-485.

On February 5th, 2008 their i-130 application was received at the USCIS office.

He got a letter for that and a Receipt number.

On August 5th they received a second letter from the USCIS (with the same Receipt number) this time stating this:

"The above petition (i-130) has been approved. The petition indicates that the person for whom you are petitioning is in the United States and will apply for adjustment of status. The evidence indicates that he or she is not eligible to file an adjustment of status applications. This determination is based on the information submitted with the petition and any relating files. If the person for whom you are petitioning believes that he or she is eligible for adjustment of status, then then he or she should contact the local USCIS office for more information.

Because the person for whom you are petitioning is not eligible to adjust, we have sent the approved petition to the Department of State National Visa Center (NVC). NVC processes all approved immigrant visa which consular post is the appropriate consulate to complete visa processing. NVC will then forward the approved petition to that consulate.

This completes all USCIS action on this petition......."

Later he received a letter from NVC to file with them. But they are working for visas for fiances outside the US. Like I said he is living in the US. He called NVC and they told him he doesn't need to file anything with them and that his case was forwarded to him only because he didn't file i-485 together with the i-130, and probably because the USCIS decided that he is ineligible to file for Adjustment of Status.

My friend now remembered that he filed the i-130 without sending any photocopies of his passport, his Visas to the US (he had more than one), nor a copy of his I-94 card. We realize that was a mistake and that's why USCIS stated that "The evidence indicates that he or she is not eligible to file an adjustment of status applications." QUESTION 1 : Is this really why they think he is ineligible?

I found out that what he needs to do is to schedule an Info Pass first and go there and somehow show them evidence that he entered the US legally and then they'll change his case from ineligible to eligible for Adjustment of Status. He found his I-94 card, but he lost his previous passport where all the stamps were and the visas, that passport got stolen, and he obtained a new one. Luckily the I-94 card was previously kept separately from the passport and he has it now. But do you know how he can obtain information and documents to prove his previous entries to the US were legal? Can he get a copy of his Visas to the US from the US Embassy at his country or somewhere else in the US? QUESTION 2

QUESTION 3: What do you think: can he change his status from ineligible to eligible if he shows at the Info Pass all this documentation - I-94, Visas to the US; and does he need to show something else at the Info pass?

If NOT - should he file a totally new case and this time i-130 and i-485 and all other supporting applications and documents together again?

Or is it better to go to the info pass and try to fix the problem with them and hope they'll change his status to Eligible for adjustment of status, because his i-130 is already approved, and after they say OK, You are eligible now, to file the i-485 package. It seems like the second is better. What do you think? QUESTION 4

Thank you for your time.

Edited by extrajay

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In order to AOS in their situation the I-130 and I-485 needs to be filed together.

1) None of that is required for the I-130 the I-130 is a petition for an immigrant visa.

2) Can file an I-102 for a replacement I-94

3) Info-pass may be a problem, they may simply start deportation based on an overstay of a non-immigrant visa.

4) Catch-22, here, laving the country and interviewing for the immigrant visa may be a problem if overstay of current visa is longer than 6 months.

NOTE: This is NOT a K-3 forum question, it belongs in AOS from Student/Visitor/Work visa fourm.

Edited by YuAndDan

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