Help!!! My i485/765 application rejected (I-130 still pending)

[KayDeeCee 4,891]

On the I-485, was a. checked off for Part 2? The I-130 does not have to be approved first.

The G-325A needs to have Status as Permanent Resident checked off. It is a requirement for each of you with the I-130, and for just you for the I-485.

~ Moved from AOS from Family Based Visas Progress Reports to AOS from Work, Student & Tourist Visas ~

[sung2408 2]

For part 2, I checked 'a". I filled out the G325A as status permanent resident when submitting the I-485 as well.

We just got an RFE for G325A based on the i-130 for him to complete and we resent it already. We are awaiting this to be updated online

Was the i485 rejected because the NOA1 did not have preference classification?

[Darnell 8,478]

that's what i think, so far !

[Dave1111 12]

^{since they couldn't classify you based on the rfe , uscis just assumed that the petitioner wasn't a citizen, and sorted it out as a lpr holder that's why they mentioned priorty date.You can call them again and clarify everything to them saying you don't need to wait for a priority date since the petitioner is a citizen.}

Edited July 15, 2015 by Dave1111

[sung2408 2]

Ok. I will try that and let you all know how it goes....

[NikLR 13,220]

On the petitioners g-325a it should be checked "other: I-130 petition" and on the beneficiary's g-325a you can check "permanent resident"

When you return the RFE with proof of him being a USC, i suggest also sending the AOS paperwork again.

[Darnell 8,478]

i say don't call.

instead, write a letter of explanation, outlining exactly what the problem is with uscis, and claim that husband is uscitizen spouse.

[sung2408 2]

Will do. I will let you know how it goes.

Thank you

[Darnell 8,478]

ug - forgot one thing, it's important on timing.

So, you sent of the RFE stuff yet on the I-130? yes? no ? if yes, check the USCIS status portal, there will be something to the effect that the evidence was received and / or normal processing will resume. When it changes to _that_ status, mail in the I-485 set again (with the cover letter I wrote of before) - it's a good indicator , and by the time the I-485 set hits the door, his status as a US Citizen will have been confirmed, so the next yahoo can review the I-485 and route it to the proper office, join it up with the I-130,

and then (and only then) ya wait...

[lbreal1 16]

You should make an appointment to go into your local USCIS office. This should be easily taken care of by you visiting them in person .

You should make an appointment to go into your local USCIS office. This should be easily taken care of by you visiting them in person .

[sung2408 2]

I did go into my local USCIS office and they said i should send the RFE asap to the california service center.

They also mentioned that if for some reason, I get another rejection that we should write a cover letter stating my husband is a US citizen while attaching a copy of his birth certificate and/or passport with the I-130 notice

The wait game begins to see if the 2nd submittal we sent would be accepted... I hope it would be..