Rejected 485 Form, but have letter about I-130

[belinda63 2,981]

Here is a link to the Visa Bulletin page http://travel.state.gov/content/visas/english/law-and-policy/bulletin.html As the adult child of an LPR she falls into category F2B. The priority date that is being referred to will be on the I-130 NOA-1 which it sounds like the mother has received. You should check the visa bulletin to find out when that priority date for the F2B category is close to becoming current. As of right now they are processing the petitions that were filed on or before April 1, 2008 for that category. So although the I-130 has been accepted and will hopefully be approved the daughter is not eligible to apply for a green card until her priority date is current, this is where the roughly seven years wait comes from.

She can adjust status at that time from inside the US only if she is currently here in a legal status. If her visa has expired she cannot file to adjust status from within the US. If she marries while the petition is pending and her mother is still an LPR the petition is cancelled as an LPR cannot petition for a married child.

[Ryan_and_Priscy 16]

Thank you so much, Belinda!

So I got a pictured copy of the letter her mom received in late September. Tomorrow they will contact USCIS first via phone, but we wanted also to check here in case any advise/information is also useful.

The priority date appears as July 24, 2010. Does this imply that the the form 130 was received before the cut-off date? Can she submit the application for PR? Can she submit the same documents she got back? Or, would she has to checkout the visa bulletin every month until her priority date is current?

Edited January 2, 2015 by Ryan_and_Priscy

[milimelo 4,225]

I'd check your eyesight first - clearly says July 2014 when I-130 was received, not 2010. She can't adjust status.

[Ryan_and_Priscy 16]

I'd check your eyesight first - clearly says July 2014 when I-130 was received, not 2010. She can't adjust status.

That was a typo. I did see clearly the date in the form, which is the most important date, and it is under the box of Priority Date (left 4th upper line). Hence, I have edited the text -instead of 2010 to 2014.

Thank you so much, Belinda!

So I got a pictured copy of the letter her mom received in late September. Tomorrow they will contact USCIS first via phone, but we wanted also to check here in case any advise/information is also useful.

The priority date appears as July 24, 2014. Does this imply that the the form 130 was received before the cut-off date? Can she submit the application for PR? Can she submit the same documents she got back? Or, would she has to checkout the visa bulletin every month until her priority date is current?

Corrected: July 24, 2010 to July 24, 2014.

Edited January 2, 2015 by Ryan_and_Priscy

[NigeriaorBust 4,087]

For adult children of a green card holder there is a very long line to wait for a visa. The person at the front of the line had a petition filed by their parent in 2008, your friend is almost at the very end of the line. There are over 6 years worth of people ahead of her. If she ever loses her student status she must leave, if she marries before she reaches the front of the line she loses her place ( unless her parent becomes a USC BEFORE she marries ) There is no submitting the I485 until she is at the front of the line in 6 or more years ( based on the current date )

[Ryan_and_Priscy 16]

That was a typo. I did see clearly the date in the form, which is the most important date, and it is under the box of Priority Date (left 4th upper line). Hence, I have edited the text -instead of 2010 to 2014.

The system is not letting us now to add further notes on the comment posted previously: We posted the complete picture as it also contains further information. Although our questions may sound so obvious for some, it never hurt us to ask and confirm especially with anyone that may have gone through any similar experience.

[Ryan_and_Priscy 16]

For adult children of a green card holder there is a very long line to wait for a visa. The person at the front of the line had a petition filed by their parent in 2008, your friend is almost at the very end of the line. There are over 6 years worth of people ahead of her. If she ever loses her student status she must leave, if she marries before she reaches the front of the line she loses her place ( unless her parent becomes a USC BEFORE she marries ) There is no submitting the I485 until she is at the front of the line in 6 or more years ( based on the current date )

Yes, as she is also reading these comments. Regardless, she wants continue pursuing her career and master, hopefully this current situation will not jeopardize also those studying possibilities. As mentioned above in previous comments, the marriage option with an USC is not in the plans, why to get married for the convenience of getting papers why she has already a person that loves her? Since she arrived (2 years ago), some of her friends have suggested her to marry just for the papers. The waiting may be worth for her, hopefully!