File rejected and returned, now what?

[dalabera 0]

Hello,

I was helping a friend that came here with a tourist visa and created the package perfectly based on the recommendations of this forum. I thought that since he was already in the US, all he needed was a an adjustment of status. I missed sending the I130 form.

Questions: I see that they returned all the original papers, but they put a date time stamp on each paper returned. Can I use those originals again and just reprint the forms again?

In addition why the I485 was invalid since he was already admitted to the US?

Appreciate anyone's input.

thanks

[aussie_jason 195]

On what basis was he already in the US and on what basis is he filing? I assume via marriage to a USC but how did he get here for the marriage? If it was via a K1 visa then he doesn't need the I-130 from his petitioner but if he was here on another visa then his petitioner needs to complete the I-130 for him along with the I864 and other supporting paperwork.

[dalabera 0]

On what basis was he already in the US and on what basis is he filing? I assume via marriage to a USC but how did he get here for the marriage? If it was via a K1 visa then he doesn't need the I-130 from his petitioner but if he was here on another visa then his petitioner needs to complete the I-130 for him along with the I864 and other supporting paperwork.

Thank you I as he entered legally with a B2 tourist visa. So is not needed the 485 adjustment of status then?

Edited April 8, 2014 by dalabera

[Pitaya 2,576]

~Moved from Family-based AOS to WST-based AOS Forum~

~Inquiry about adjusting from tourist visa~

[aussie_jason 195]

Sorry totally missed that bit, yes he is adjusting his status but his USC spouse needs to petition for him but that can be done concurrently so his spouse needs to complete the I-130.

Did they include a notice saying something like please refile and include a copy of this notice?

[kzielu 1,147]

Thank you I as he entered legally with a B2 tourist visa. So is not needed the 485 adjustment of status then?

It is, but it needs to based on something, preferably I-130 petition for a spouse. You need to do concurrent filing of both I-130 and I-485 at the same time and send I-864 and I-693 at the minimum with them.

Best will be to start reading the guides and form instructions... They're typically helpful...

[dalabera 0]

It is, but it needs to based on something, preferably I-130 petition for a spouse. You need to do concurrent filing of both I-130 and I-485 at the same time and send I-864 and I-693 at the minimum with them.

Best will be to start reading the guides and form instructions... They're typically helpful...

Thank you I-864 was sent, but I-693 is not really require now, right?

Don't you need a confirmation from USCIS to go and the medical?

[kzielu 1,147]

Thank you I-864 was sent, but I-693 is not really require now, right?

Don't you need a confirmation from USCIS to go and the medical?

It definitely is needed up-front with your I-130 and I-485 package. This is not a consular process where embassy will tell you to go and do medical, you need to do that before you send anything and make sure you do not open the envelope from civil surgeon.

Again - read the guides and instructions, as you're missing quite a bit of information about the process.

[dalabera 0]

Did they include a notice saying something like please refile and include a copy of this notice?

we got this (Image attached)

Edited April 8, 2014 by dalabera

[aussie_jason 195]

You need to make sure to follow this entire guide - http://www.visajourney.com/content/i130guide2

Then you can resubmit the forms they returned to you along with the forms you missed and include that notice.

[dalabera 0]

You need to make sure to follow this entire guide - http://www.visajourney.com/content/i130guide2

One last question, since he entered with a tourist visa, they decided at last minute to get married and send the papers to apply for residence.

So that guide it is stressed out that he should return, but I don't see that happening. Thoughts?

Thanks,

[aussie_jason 195]

That verbiage on the guide needs to be updated, long story short it ultimately doesn't matter. (Cue everyone chiming in and arguing that fact)

[Boiler 43,597]

That verbiage on the guide needs to be updated, long story short it ultimately doesn't matter. (Cue everyone chiming in and arguing that fact)

Chiming in, but agree.

Sorry.

[joyceanne 0]

Thank you I as he entered legally with a B2 tourist visa. So is not needed the 485 adjustment of status then?

www.uscis.gov

Go to this website and you can find lots of helpful links in there concerning your questions. Every Visa varies in what kind of AOS they have to file

like :

Green card through marriage

Green Card through work etc.

I hope it helps you , even a little bit