Need help with my case

[akiradesu 0]

Hi! I'm new here. Hope to get some advices on what's wrong with my wife's case, here it is:

-entering the US as a J-1 student- May 28, 2008

-documents for change of nonimmigrant status sent- Oct 09, 2008

-approval notice on B2 visa- Jan 24, 2009 (valid from 09/02/2008 to 03/01/2009)

-marriage to a GC holder (me)- Feb 18, 2009

-sent forms I-131, I-765, I-485, I-130- Feb 28, 2009

-rejection notice on I-131, I-485 (…priority date does not appear to be current)- March 09, 2009

-receipt notice for I-130 ($355 received)- April 02, 2009

-receipt notice for I-765 ($340 received)- April 14, 2009

-appointment notice for I-765 (biometrics)- April 17, 2009

-biometrics taken- May 07, 2009

-request for Initial/ Additional Evidence (I-765) – to submit evidence that we have a pending I-485, Application to Register Permanent Residence or Adjust Status; A review of Service records shows that the form I-485 was rejected on March 10, 2009 & is not pending – June 25, 2009

thank you for reviewing it.

[trillium13 84]

Hi! I'm new here. Hope to get some advices on what's wrong with my wife's case, here it is:

-entering the US as a J-1 student- May 28, 2008

-documents for change of nonimmigrant status sent- Oct 09, 2008

-approval notice on B2 visa- Jan 24, 2009 (valid from 09/02/2008 to 03/01/2009)

-marriage to a GC holder (me)- Feb 18, 2009

-sent forms I-131, I-765, I-485, I-130- Feb 28, 2009

-rejection notice on I-131, I-485 (…priority date does not appear to be current)- March 09, 2009

-receipt notice for I-130 ($355 received)- April 02, 2009

-receipt notice for I-765 ($340 received)- April 14, 2009

-appointment notice for I-765 (biometrics)- April 17, 2009

-biometrics taken- May 07, 2009

-request for Initial/ Additional Evidence (I-765) – to submit evidence that we have a pending I-485, Application to Register Permanent Residence or Adjust Status; A review of Service records shows that the form I-485 was rejected on March 10, 2009 & is not pending – June 25, 2009

thank you for reviewing it.

What was the reason for the rejection in the first place? Did you reapply?

[Mimino 2]

have you sent them separately? (485 and 765) if you didn't, then you didn't have to pay $340 for it. Evidence that you might use: notice of action for i-485.

[NArocks 13]

Plese READ THE POST. They are trying to adjust from within the US being married to an LPR and not a citizen

You do not have a visa number available. From What I see and read you are married to an LPR. you can not adjust astatus from within the united states. You are going to need to leave and have to file a waiver for the overstay. when does your spouse become a citizen? You will not be able to get a work pernit as you have no I-485 pending. I would suggest that you get an attorney as this is not going to happen from here and may be even harder to adjust once your apouse becomes a citizen.

Spouse of LPR are not permitted to adjust from with in the united states.

-marriage to a GC holder (me)- Feb 18, 2009

[ding 1]

Yep, need to know reason for rejection and details around that.

[Nina~ 431]

Hi! I'm new here. Hope to get some advices on what's wrong with my wife's case, here it is:

-entering the US as a J-1 student- May 28, 2008

-documents for change of nonimmigrant status sent- Oct 09, 2008

-approval notice on B2 visa- Jan 24, 2009 (valid from 09/02/2008 to 03/01/2009)

-marriage to a GC holder (me)- Feb 18, 2009

-sent forms I-131, I-765, I-485, I-130- Feb 28, 2009

-rejection notice on I-131, I-485 (…priority date does not appear to be current)- March 09, 2009

-receipt notice for I-130 ($355 received)- April 02, 2009

-receipt notice for I-765 ($340 received)- April 14, 2009

-appointment notice for I-765 (biometrics)- April 17, 2009

-biometrics taken- May 07, 2009

-request for Initial/ Additional Evidence (I-765) – to submit evidence that we have a pending I-485, Application to Register Permanent Residence or Adjust Status; A review of Service records shows that the form I-485 was rejected on March 10, 2009 & is not pending – June 25, 2009

thank you for reviewing it.

I believe your wife's application was rejected because you are not a citizen. Since you are an LPR, you have to sponsor her and then wait for your priority date to become current before you can send the AOS package in.

[NArocks 13]

-rejection notice on I-131, I-485 (…priority date does not appear to be current)- March 09, 2009

Meaning not being married to a citizen does not qualify them for an immediate visa number. The wait is 4-5 years and should not be done from within the US.

[akiradesu 0]

trillium13

rejection notice says- Based on information you provided, your priority date does not appear to be current. Please refer to the Visa Bulletin published monthly by the US Department of State, Bureau of Consular Affairs to determine the availability of immigrant visa numbers in your immigration category. When your priority date is earlier than the correlating cut-off date listed in the current Visa Bulletin, you will then be eligible to submit your I-485 application

But our lawyer said that we don't need to be in a line for visa 'cause she didn't leave the US.

Mimino

we sent them together, but as long as I-485 was rejected we had to pay for I-765

[NArocks 13]

You need to change lawyers. You can not adjust status from within the United states by being married to a GC holder. When does the spouse become a citizen?

They are working on cases for spouses of LPR's that were filed on or before December of 2004

Visa bulletin

[akiradesu 0]

You need to change lawyers. You can not adjust status from within the United states by being married to a GC holder. When does the spouse become a citizen?

They are working on cases for spouses of LPR's that were filed on or before December of 2004

Visa bulletin

in 2 years

[NArocks 13]

You need to change lawyers. You can not adjust status from within the United states by being married to a GC holder. When does the spouse become a citizen?

They are working on cases for spouses of LPR's that were filed on or before December of 2004

Visa bulletin

in 2 years

Then by staying in the United states you are risking Deportation as you have no legal standing being here right now. You Visa is expired and you are not eiligible to adjust status at this time. Be very careful because deportation is way worse than a waiver for an over stay.........

Fire the LAWYER

Edited July 6, 2009 by NArocks

[akiradesu 0]

Then by staying in the United states you are risking Deportation as you have no legal standing being here right now. You Visa is expired and you are not eiligible to adjust status at this time. Be very careful because deportation is way worse than a waiver for an over stay.........

Fire the LAWYER

than why we got receipt notice for I-130 & it was not rejected

[NArocks 13]

Then by staying in the United states you are risking Deportation as you have no legal standing being here right now. You Visa is expired and you are not eiligible to adjust status at this time. Be very careful because deportation is way worse than a waiver for an over stay.........

Fire the LAWYER

than why we got receipt notice for I-130 & it was not rejected

The I-130 is just a petition for the alien relative whether they are here or in another country. We have an I-130 pending since Dec of 2007 for our now 20 year son who the father as a LPR applied for him. They will accept and hold the I-130 and approve it in about 2-3 years and then send it to the NVC where it will wait for a visa number to become availe. If you read the guides here on top you may gt a better understanding of the procedure.

[trillium13 84]

Plese READ THE POST. They are trying to adjust from within the US being married to an LPR and not a citizen

Spouse of LPR are not permitted to adjust from with in the united states.

-marriage to a GC holder (me)- Feb 18, 2009

I knew I had to be missing something. That was it. Makes sense now.

[akiradesu 0]

but even the site of USCIS says:

"Eligibility Information: Who May Apply to Become a Lawful Permanent Resident While in the United States?

You may be eligible to apply for adjustment to permanent resident status if you are already in the United States and if one or more of the following categories apply to you.

Family Member

You are the spouse, parent, unmarried child under age 21, the unmarried son or daughter over age 21, the married son or daughter, or the brother or sister of a United States citizen and have a visa petition approved in your behalf.

You are the spouse or unmarried son or daughter of any age of a lawful permanent resident and you have a family-based visa petition approved in your behalf."