I-485 returned

[payxibka 10,044]

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.

it may not work but it is an option

[engineer21 51]

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.

How about sending:

the i-485

the NOA for i-130

A copy of the original i-130 you sent, for good measure?

I am pretty sure I've read old thread here where the i-485 is rejected for the same reason as yours.

And the rejection letter specifically says you can send evidence that an immigrant petition has been filed for you by the USC.

I'll try to find the link in a minute..

Edit: here is the link

http://www.visajourney.com/forums/topic/101210-i-485-rejection-notice/

Edited August 7, 2010 by engineer21

[Leigh Ann 8]

How about sending:

the i-485

the NOA for i-130

A copy of the original i-130 you sent, for good measure?

I would definitely also send the I-130 again. Maybe even send a new original so there aren't any questions. What could happen if there are 2 i-130s?

[ValerieA 350]

I would definitely also send the I-130 again. Maybe even send a new original so there aren't any questions. What could happen if there are 2 i-130s?

Knowing USCIS, they would want payment for both of them!

[Leigh Ann 8]

Knowing USCIS, they would want payment for both of them!

Haha, you're probably right! I hadn't thought about that part of it. Given the track record of people who sent the packages separately, it might be worth the 2nd $355 to have it all together!

[engineer21 51]

Knowing USCIS, they would want payment for both of them!

LOL!! but good point ValerieA!

Yeah I don't know about sending a new i-130. As long as OP has the receipt number for the original i-130, that should be proof enough that an immigrant petition HAS been filed on behalf of the immigrant/OP

[Leigh Ann 8]

LOL!! but good point ValerieA!

Yeah I don't know about sending a new i-130. As long as OP has the receipt number for the original i-130, that should be proof enough that an immigrant petition HAS been filed on behalf of the immigrant/OP

It's true. I think the previous posters' experiences would make me nervous. Hopefully a copy of the 130 & the NOA would be sufficient.

[ValerieA 350]

I would be tempted to wait for the actual approval of the I-130, to be totally safe, but that really puts a delay in your case, and not working can really be a drain.

[USUY2010 4]

I would be tempted to wait for the actual approval of the I-130, to be totally safe, but that really puts a delay in your case, and not working can really be a drain.

You don't need to tell me, I'm super independent and not being able to work is killing me. Mostly not doing anything most days too kills me. It's why I really wanted all this to be fast. And now I'm just so frustrated that I made that small, yet very big mistake.

I'll mail a copy of the NOA and a new I-485 when I get the NOA. I haven't received it yet and the money order hasn't be cashed, I'll still check tomorrow just in case. *fingers crossed*

I can't thank enough for all the support! <3

[JimVaPhuong 4,863]

8 CFR 245.2 describes 3 scenarios where an I-485 is considered concurrently filed.

1. It is included in the same mailing package as the immigrant visa petition, and sent to the same USCIS service center.

2. It is sent to the same USCIS service center as a previously filed I-140 immigrant visa petition, along with the I-797C receipt notice for the previously filed I-140 petition.

3. It is submitted to the immigration court or Board of Immigration Appeals, along with the I-797C receipt notice for the previously filed I-140 petition.

Section 245.2 specifically says that for any other scenario, the adjustment of status application may only be submitted after the immigrant visa petition has been approved.

I couldn't find any specific guidance in the AFM about this, but it would seem that an I-485 can only "join up" with a previously filed immigrant visa petition if that petition was for an alien worker, and not an immediate relative.

Unless I'm missing something, it sounds like they could deny the I-485 if it's submitted after the I-130 is submitted, but before the I-130 is approved. I think an infopass appointment is called for.

[USUY2010 4]

8 CFR 245.2 describes 3 scenarios where an I-485 is considered concurrently filed.

1. It is included in the same mailing package as the immigrant visa petition, and sent to the same USCIS service center.

2. It is sent to the same USCIS service center as a previously filed I-140 immigrant visa petition, along with the I-797C receipt notice for the previously filed I-140 petition.

3. It is submitted to the immigration court or Board of Immigration Appeals, along with the I-797C receipt notice for the previously filed I-140 petition.

Section 245.2 specifically says that for any other scenario, the adjustment of status application may only be submitted after the immigrant visa petition has been approved.

I couldn't find any specific guidance in the AFM about this, but it would seem that an I-485 can only "join up" with a previously filed immigrant visa petition if that petition was for an alien worker, and not an immediate relative.

Unless I'm missing something, it sounds like they could deny the I-485 if it's submitted after the I-130 is submitted, but before the I-130 is approved. I think an infopass appointment is called for.

Where can we see how long does it take for the I-130 to be approved? Approximately... *sigh*

[trillium13 84]

Where can we see how long does it take for the I-130 to be approved? Approximately... *sigh*

From the table I looked at on USCIS's page, looks like about 5 months.

[USUY2010 4]

From the table I looked at on USCIS's page, looks like about 5 months.

Thanks.

And do you think the I-130 can be approved without I-485? I thought they *had* to be filed for together.

[JimVaPhuong 4,863]

Where can we see how long does it take for the I-130 to be approved? Approximately... *sigh*

According to the VJ timeline stats, it's currently taking a little less than 4 months.

But seriously, don't take what I say as the final word. Make an infopass appointment. I'm just going by what I read. The nature of the way that laws are written is that the information is frequently scattered around with sections referencing other sections so that a revision to the law only has to be made in one place. It may be possible to get your I-485 to join up with your I-130, and I'm just not seeing it.

Thanks.

And do you think the I-130 can be approved without I-485? I thought they *had* to be filed for together.

Yes, of course. An I-130 can be approved on it's own. That's how people file for IR/CR visas.

[USUY2010 4]

So re-reading the I-797 C that I was sent this is the full letter:

" 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. (Which is P.O. Box 805887. Chicago, IL, 60680-4120)

The following documents may be provided:

Your original form I-130 (Petition for Alien Relative) if you are filing concurrently; or

Your original form I-360 (Petition for Ameriasian, Widow(er), or special Immigrant) if you're filing concurrently; or

A copy of your form I-797, (Notice of Action) if the petition has already been filed/approved; or

Other evidence that an immigration visa petition has been filed/approved on your behalf"

If I understand this correctly I should be able to send a copy of the NOA of the I-130 together with I-485.