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USUY2010 Enthusiast

USUY2010   4

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Filed: Citizen (pnd) Country: Uruguay
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Hey all!

I'm writting to you cause I'm so confused right now. My I-485 has been returned with an I-797 C that says

"Based on the information you provided, your priority date could not be established. Please resubmit your application with the proper documentation to the address listed on the bottom of this notice"

I haven't heard anything from my I-130 but it hasn't been returned either. Can someone explain what this means and what am I supposed to do?

I'd appreciate a prompt reply. :)

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USUY2010 Enthusiast

USUY2010   4

Posted
Filed: Citizen (pnd) Country: Uruguay
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Yes. I sent two packages. One with I-485 (and I-765 and the affidavit) and another with the I-130.

Only the I-485 got returned. All the forms are valid and have been signed. So I really do not understand the reason why they returned them.

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payxibka Grand Master

payxibka   10,044

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Filed: AOS (apr) Country: Philippines
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Posted (edited)

Yes. I sent two packages. One with I-485 (and I-765 and the affidavit) and another with the I-130.

Only the I-485 got returned. All the forms are valid and have been signed. So I really do not understand the reason why they returned them.

Two submissions in the same envelope or two separate mailings? If two separate mailings then they do not know where your I-130 is to match it up together... and your I-485 did not provide evidence of its filing

Edited by payxibka

YMMV

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engineer21 Proficient

engineer21   51

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Filed: Citizen (pnd) Country: Indonesia
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Yes. I sent two packages. One with I-485 (and I-765 and the affidavit) and another with the I-130.

Only the I-485 got returned. All the forms are valid and have been signed. So I really do not understand the reason why they returned them.

The way it sounds, "priority date could not be established" to me means that they don't think this is for a spouse of US citizen.

Did you send proof of spouse's US citizenship?

Maybe double check that the i-130 was filled out properly too esp. at the very top, establishing USC's relationship to immigrant: make sure husband/wife checked off instead of brother/sister, for example..?

Also how about part 2 of i-485, did you check part A for that?

Ooo.. btw, yeah about the 2 packages.. does that mean two separate envelopes?

If this is what you did, you'll have to resend the i-485 with the NOA for the i-130

Edited by engineer21
AOS 05/08/10 - sent05/14/10 - receipt date on NOAs - transferred to National Benefits Center06/14/10 - Biometrics Done - Lawrence, MA (original appt)07/26/10 - Interview - APPROVED!!07/30/10 - Welcome letter rec'd (notice date: 07/26)08/05/10 - Green Card (&EAD) Received! - 2 months and 28 days total!ROC 04/28/12 - ROC package sent05/03/12 - check cashed05/04/12 - NOA1 received - dated 05/01/1206/07/12 - Biometrics done02/07/13 - Approved (status update via text msg)02/14/13 - Ten year Green card receivedNaturalization07/26/13 - eligible (90 day window opened 4/27/13)02/24/14 - N-400 sent to Dallas03/04/14 - Check cashed & case accepted (update via txt & email)03/10/14 - Biometrics appt letter rec'd (scheduled for 03/28/13)03/28/14 - Biometrics done04/01/14 - In line for interview 04/03/14 - Case status change to scheduled for interview04/10/14 - interview letter rec'd 5/13/14 - interview 6/3/14 - in line for oath 6/30/14 - Scheduled for oath
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trillium13 Experienced

trillium13   84

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Filed: Lift. Cond. (apr) Country: Germany
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Two submissions in the same envelope or two separate mailings? If two separate mailings then they do not know where your I-130 is to match it up together... and your I-485 did not provide evidence of its filing

This was my line of thinking also.

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USUY2010 Enthusiast

USUY2010   4

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Filed: Citizen (pnd) Country: Uruguay
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We sent the two packages seperately to the Chicago lockbox. Only the I-485 was sent back.

So we need to wait until the I-130 is processed and approved, and send a copy of the approved I-130 back with the I-485?

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engineer21 Proficient

engineer21   51

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Filed: Citizen (pnd) Country: Indonesia
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Posted (edited)

We sent the two packages seperately to the Chicago lockbox. Only the I-485 was sent back.

So we need to wait until the I-130 is processed and approved, and send a copy of the approved I-130 back with the I-485?

OK. That makes sense..

No, I don't think you need to wait for approval. Just for the receipt NOA which you should get soon if you haven't already.

The one that tells you that USCIS has received it, and gives you the case number

Edited by engineer21
AOS 05/08/10 - sent05/14/10 - receipt date on NOAs - transferred to National Benefits Center06/14/10 - Biometrics Done - Lawrence, MA (original appt)07/26/10 - Interview - APPROVED!!07/30/10 - Welcome letter rec'd (notice date: 07/26)08/05/10 - Green Card (&EAD) Received! - 2 months and 28 days total!ROC 04/28/12 - ROC package sent05/03/12 - check cashed05/04/12 - NOA1 received - dated 05/01/1206/07/12 - Biometrics done02/07/13 - Approved (status update via text msg)02/14/13 - Ten year Green card receivedNaturalization07/26/13 - eligible (90 day window opened 4/27/13)02/24/14 - N-400 sent to Dallas03/04/14 - Check cashed & case accepted (update via txt & email)03/10/14 - Biometrics appt letter rec'd (scheduled for 03/28/13)03/28/14 - Biometrics done04/01/14 - In line for interview 04/03/14 - Case status change to scheduled for interview04/10/14 - interview letter rec'd 5/13/14 - interview 6/3/14 - in line for oath 6/30/14 - Scheduled for oath
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trillium13 Experienced

trillium13   84

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Filed: Lift. Cond. (apr) Country: Germany
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OK. That makes sense..

No, I don't think you need to wait for approval. Just for the receipt NOA which you should get soon if you haven't already.

The one that tells you that USCIS has received it, and gives you the case number

Right. Make sure you send ALL of the necessary paperwork for the I485 at that time.

When you send 2 packages separately like that, they have no way to match them up together. It's not up to them do search and see if you sent everything you were supposed to in a separate package.

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ValerieA Experienced

ValerieA   350

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Filed: Lift. Cond. (apr) Country: Canada
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Posted

I think the I-130 must be actually approved...

An immigrant petition giving me an immediately available immigrant visa number that has been approved. (Attach a copy of the approval notice, or a relative, special immigrant juvenile, or special immigrant military visa petition filed with this application that will give you an immediately available visa number, if approved).

Isn't this what tripped up one of the April filers?

Post on Adjudicators's Field Manual re: AOS and Intent: My link
Wedding Date: 06/14/2009
POE at Pearson Airport - for a visit, did not intend to stay - 10/09/2009
Found VisaJourney and created an account - 10/19/2009

I-130 (approved as part of the CR-1 process):
Sent 10/01/2009
NOA1 10/07/2009
NOA2 02/10/2010

AOS:
NOA 05/14/2010
Interview - approved! 07/29/10 need to send in completed I-693 (doctor missed answering a couple of questions) - sent back same day
Green card received 08/20/10

ROC:
Sent 06/01/2012
Approved 02/27/2013

Green card received 05/08/2013

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trillium13 Experienced

trillium13   84

Posted
Filed: Lift. Cond. (apr) Country: Germany
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Posted

I think the I-130 must be actually approved...

Isn't this what tripped up one of the April filers?

Well that would suck. My memory is fuzzy on this. Now I want to know. ;)

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payxibka Grand Master

payxibka   10,044

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted (edited)

I think the I-130 must be actually approved...

Isn't this what tripped up one of the April filers?

or

An immigrant petition giving me an immediately available immigrant visa number that has been approved. (Attach a copy of the approval notice, or a relative, special immigrant juvenile, or special immigrant military visa petition filed with this application that will give you an immediately available visa number, if approved).

Everything I have read would indicate you can file one of two ways... 1) by submitting the I-485 WITH the approval notice to the I-130 OR 2) the I-485/I-130 submitted TOGETHER so they travel together and can be adjudicated at the same time.

Edited by payxibka

YMMV

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ValerieA Experienced

ValerieA   350

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Filed: Lift. Cond. (apr) Country: Canada
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Posted

or

And that is what I am not clear on. It wasn't filed with the I-485, in a way, so can they now send the NOA as proof they kinda tried to, or do they have to wait for the approval now? I couldn't figure out, reading the thread, if alanakaja had sent the NOA for their I-130 with their I-485 package. unsure.gif

Here is the link to that thread:

http://www.visajourney.com/forums/topic/261614-possible-case-denied/

Post on Adjudicators's Field Manual re: AOS and Intent: My link
Wedding Date: 06/14/2009
POE at Pearson Airport - for a visit, did not intend to stay - 10/09/2009
Found VisaJourney and created an account - 10/19/2009

I-130 (approved as part of the CR-1 process):
Sent 10/01/2009
NOA1 10/07/2009
NOA2 02/10/2010

AOS:
NOA 05/14/2010
Interview - approved! 07/29/10 need to send in completed I-693 (doctor missed answering a couple of questions) - sent back same day
Green card received 08/20/10

ROC:
Sent 06/01/2012
Approved 02/27/2013

Green card received 05/08/2013

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USUY2010 Enthusiast

USUY2010   4

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Filed: Citizen (pnd) Country: Uruguay
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or

I would send the I-485 back with the NOA1 from the I-130 when it arrives... worse thing they can do is send it back again

Thanks I think that's what I'm going to do, as you said worst thing that can happen to us is that they send it back again.

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