485 filing too early

[Asianica 1]

I am new here and i dont know what to do. Im currently in f1 visa. Got married with an LPR and im pregnant now. I applied for i-130 (tho my husband is still immigrant) as well as AOS. I didnt know i cant apply for aos until i get a priority date. I dont know what to do now. Does the uscis will deny the petition? Will they deport me? Or can i withdraw the aos application and get my check worth $1,020. Thank you!

[belinda63 2,981]

If you made the check out for $1,020 it will probably be returned to you since that is the wrong amount. If the check has not been cashed yet you can place a stop payment on it. As you found out you cannot file to adjust status until your priority date is current and only if you are in the US in legal status at that time.

[Asianica 1]

Im sorry i made a check $420 for i-130 and $1,070 for aos. I am in the legal status now as international student. Will they deny the petition since i filed my aos too early?

[Harpa Timsah 13,258]

Yes, they will. Sorry.

[Asianica 1]

Including i-130? Or just the aos? Can i still withraw the petition since i made a mistake?

[NancyNguyen 1,657]

They might return the whole package, or just I-485. When they return whole package, then you resubmit the I-130 along with support docs again. F2A is about 3 years to wait, you must remain status until then or until your spouse gets citizenship.

[Kathryn41 3,205]

Topic has been moved from the Student Visa forum to the AOS from Work, Student & Tourist Visa forum as the OP is pursuing adjustment of status from a valid student visa and is more appropriately addressed in this forum. - VJ Moderation

[Hypnos 6,576]

The I-485 will be rejected due to you having no underlying petition with a current priority date, or exempt from needing a priority date.

Depending on whether you sent separate payments or one single payment, they might continue to process the I-130. Either way, you have a long time to wait until your priority date becomes current. You would need to depart the US at the end of your period of authorised stay, as if you overstayed then you would not be able to adjust through your spouse unless they first became a US citizen.

[fullglass 5]

If you spouse is an LPR, then at this point, only the I130 can be filed. Once that is approved, then you can move onto filing the I485. Concurrent filing of the I130 and I485 only applies to marriage to a USC.

If something got denied, AS LONG AS you are maintaining your F1 status, you will not get deported and the length of your legal stay should be written on your I94 Card.

[Hypnos 6,576]

It's not that marriage to a US citizen allows concurrent filing, it's that a visa number is always available for immediate relatives of a US citizen. If the OP was married to an LPR with a previously-filed I-130 for which the priority date was current, they could now file an I-485 since a visa number number would be available, despite not being married to a US citizen.

Also, an I-94 for someone present on an F-1 will not have a defined expiration date but will instead be marked "D/S" for "duration of status".

Edited August 9, 2014 by Hypnos

[fullglass 5]

It's not that marriage to a US citizen allows concurrent filing, it's that a visa number is always available for immediate relatives of a US citizen. If the OP was married to an LPR with a previously-filed I-130 for which the priority date was current, they could now file an I-485 since a visa number number would be available, despite not being married to a US citizen.

Also, an I-94 for someone present on an F-1 will not have a defined expiration date but will instead be marked "D/S" for "duration of status".

Marriage to a USC = visa number always immediately available. Marriage to an LPR = visa number not always immediately available. Therefore, marriage to a USC = concurrent filing. Concurrent filing = filing I130 AND I485 together. You stated "previously-filed" I130, meaning I130 was filed prior to the I485.

Marriage to a USC = has the option to file for Green Card on a One-Step Process; marriage to an LPR = does not even list One-Step Process as an option.

Also, yes someone with an F1 Student Visa will generally have "D/S" written on their I94 card, HOWEVER, if they are not fulfilling their obligations by maintaining full-time status as a student, then they will be out of status, regardless of what their visa/I94/I20 states.

[Asianica 1]

Hello everyone. Regarding my 485 fee, i cancelled my check. The thing is when i checked my status today, my i-130 and i-485 are suspended bec theres no sufficient amount in my husband's bank. But the $420 for the i-130 was already encashed. But they also suspended it. Now i dont know what to do. Do i have to tell them the truth that i cancel the 1,020 for the aos bec of immature filing. Or can i just get the whole package including the 130 and refund my 420? Pls help!

[belinda63 2,981]

I don't know what you mean by "suspended it". What does the online status say exactly?

There are no refunds. If the I-130 was filed with its own check and the check was cashed processing on it should continue.

[Asianica 1]

They said its insufficient amount ($420 for i-130) but it shows in bank acct they already encashed it. It only ng $1,020 forbthe aos that we stopped from the bank. I dont know why my 130 application is also affcted. Do i have to call them and tell the truth that i made a mistake filing my aos too early thats why i stopped the check for aos? Thanks

[CQer 0]

They said its insufficient amount ($420 for i-130) but it shows in bank acct they already encashed it. It only ng $1,020 forbthe aos that we stopped from the bank. I dont know why my 130 application is also affcted. Do i have to call them and tell the truth that i made a mistake filing my aos too early thats why i stopped the check for aos? Thanks

How about now? How did you solve the issue?