I-485 Rejected need help

[wessam 1]

I hold a green card and i have fill out Form I-130 and Form I-485 For adjustment of status of my three kids

I sent the two Forms in the same envelope

Yesterday received a rejection of form i-485 and written in it:

“This is in reference to the I-485, Application to Register Permanent Residence or Adjust Status, you submitted. Your I-485, fees, and any supporting documentation is being returned to you for the following reason(s):

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 the notice.

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-140, (Immigrant Petition for Alien Worker) if you are filing concurrently; or

Your original Form I-360, (Petition for Ameriasian, Widow(er), or Special Immigrant) if you are filing concurrently; or

A copy of your Form I-797, (Notice of Action) if the I-130, I-140, I-360, or I-526 petition has already been filed/approved; or

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

Please be sure to complete the application fully, submit the appropriate fees, and include all required supporting documentation."

Ended notice

But they took the form I-130 and took the money

My children are with me here in the United States since 2009 tourist visa and ages 6, 7 and 11 years

Please advise me what to do

Thank you

[Hypnos 6,576]

Only immediate relatives of a US citizen can concurrently file an I-130 with an I-485.

Now you've filed an I-130 for them, you must wait until their priority date becomes current. F2A (minor children and spouses of LPRs) is currently at 8th September 2013, and this category is currently extremely over-subscribed, so it could take a year or longer before your priority date reaches the F2A cutoff.

The case is further compounded by the fact that your children are out of status. Only immediate relatives of a US citizen can file when out of status. Minor children do not accrue overstay until they turn 18, but they are are still out of status and illegally present in the US, meaning that I don't believe you'll be able to file I-485s for them even when their priority dates become current. Instead, you would need to either (i) become a US citizen, then their overstay / lack of status will not be a problem for adjustment, or (ii) pursue immigrant visas overseas once their priority dates become current.

How did you receive your green card? Was it through marriage to a US citizen? If so, are you still married to that US citizen?

Edited April 27, 2014 by Hypnos

[belinda63 2,981]

As a green card holder your children do not have a visa number immediately available for them. You have to apply for the I-130 (which you did) and when you receive the NOA-1 it will have a priority date on it. The you check this http://travel.state.gov/content/visas/english/law-and-policy/bulletin.html site to see when the priority date is current. Only then can you file for them to immigrate. As the children of an LPR they cannot adjust status from within the US even when their priority date comes current if they are out of status. The good news is that since they are all under 18 they can return to their country to complete the immigrant visa process when their priority date becomes current. They will not have a ban for the overstay.

[wessam 1]

Yes i receive my green card through my wife and she is still my wife

[belinda63 2,981]

Is she a US citizen, if so she can petition for your children.

[aaron2020 11,651]

What's the Priority Date for the I-130s?

Who filed as the petitioner - you or your wife?

Edited April 28, 2014 by aaron2020

[wessam 1]

My wife is a us citizen

I did not receive any notice for i130 , i received only rejection for i485 and they took the form I-130 and took the money

I filed the I130 as the petitioner

The kids are my kids, but from another woman

Please advise , can my wife petition for my children And if she can what about the form i130 which it was sent , as i know we can't fill another form i130 for the same case

[aaron2020 11,651]

When did you file the I-130s?

[wessam 1]

It was file with i485 since 20days

[aaron2020 11,651]

Ok, here is the situation.

The I-485s were properly denied. As an LPR, you petition your children in the F2a family preference category. The current PD for the F2a category is Sept. 8, 2013. You filed 20 days ago which means your children's PD are not current and they do not qualify to adjust status. Thus, the I-485s were properly denied.

Here is the fastest way to get green cards for your children. Your USC wife files as the petitioner to adjust your children. She files for them as Immediate Relatives of a USC. There is no waiting for a current PD. They will qualify to adjust.

Time to file new I-130s and I-485s. New fees.

Best of luck.

[wessam 1]

Thank you for your quick response , i would like to ask if Is there any action should be taken about the form i130 which it was sent previously

[Teddy B 17,251]

Never mind.

Edited April 28, 2014 by Teddy B

[aaron2020 11,651]

Thank you for your quick response , i would like to ask if Is there any action should be taken about the form i130 which it was sent previously

There is nothing you can do about the I-130s that you have already filed. You are the petitioner and the children must wait for current PDs in order to adjust. There is no switching of petitioners. FORGET ABOUT THESE PETITIONS FOR NOW!!!! Don't focus on things that will not help your kids get green cards now.

CONCENTRATE ON THE NEW I-130s AND I-485s WITH YOUR USC WIFE AS THE PETITIONER. You will need to pay all new fees.

[Hypnos 6,576]

To clarify: the I-485s weren't denied, they were rejected. It's an important distinction.

OP: you should re-file, with your US citizen wife petitioning as their step-parent. You can concurrently file I-130s and I-485s in this situation, but will unfortunately be out the filing fees for the I-130s you yourself already filed. You should forget about those.

[wessam 1]

Hi

i sent again form I130 and I485 with my US citizen wife petitioning as their step-parent , and i received the I797 notice today for both of forms , for I130 it was written : "the i130, Petition for alien relative has been received by our office for the following beneficiaries and is in process"

and theirs priority date in may 2014.

for I-485 the notice said "Notice Type Is Receipt and priority date is the same in may 2014 and was written "the above case has been received by our office and is in process."

and theirs no else

when i chek in the side of USCIS for case status i finded for both forms in "initial Review"

did any one know what is the next step , because as you see they did't ask me to do any thing !