AOS denied due to priority date? (split)

[alps34 17]

Hi Guys,

 

Very bad news!!!! Let me explain what happened:

My wife is a LPR (Green Card holder)

With my visa, I am in the states. We have applied I-130 a year ago which is still pending.

In addition to this, in October 2016 I've made a petition for I-485, EAD and AP.

2 weeks ago my EAD and AP approved and I have received the card from mail. As you all know, EAD and AP has 1 year period.

Now I have received an sms and email that my I-485 application has been DENIED.

I am in shock. I just have called USCIS and they say that the information is confidential and I will see the reason in the mail.

Did anyone every faced this? Why should it be and can I appeal or save myself?

Many thanks in advance!

[Chardon Ne' 71]

 

11 minutes ago, alps34 said:

Hi Guys,

 

Very bad news!!!! Let me explain what happened:

My wife is a LPR (Green Card holder)

With my visa, I am in the states. We have applied I-130 a year ago which is still pending.

In addition to this, in October 2016 I've made a petition for I-485, EAD and AP.

2 weeks ago my EAD and AP approved and I have received the card from mail. As you all know, EAD and AP has 1 year period.

Now I have received an sms and email that my I-485 application has been DENIED.

I am in shock. I just have called USCIS and they say that the information is confidential and I will see the reason in the mail.

Did anyone every faced this? Why should it be and can I appeal or save myself?

Many thanks in advance!

You have to wait for the letter to see why but I believe in some situations you can appeal and some you cannot. https://www.uscis.gov/forms/questions-and-answers-appeals-and-motions

[alps34 17]

1 minute ago, Chardon Ne' said:

 

You have to wait for the letter to see why but I believe in some situations you can appeal and some you cannot. https://www.uscis.gov/forms/questions-and-answers-appeals-and-motions

 

Thank you!

[Chardon Ne' 71]

1 minute ago, alps34 said:

 

Thank you!

By the way out of curiosity did you send the NOA for the I130 with the 485 application? 

[Venice1012 35]

22 minutes ago, alps34 said:

Hi Guys,

 

Very bad news!!!! Let me explain what happened:

My wife is a LPR (Green Card holder)

With my visa, I am in the states. We have applied I-130 a year ago which is still pending.

In addition to this, in October 2016 I've made a petition for I-485, EAD and AP.

2 weeks ago my EAD and AP approved and I have received the card from mail. As you all know, EAD and AP has 1 year period.

Now I have received an sms and email that my I-485 application has been DENIED.

I am in shock. I just have called USCIS and they say that the information is confidential and I will see the reason in the mail.

Did anyone every faced this? Why should it be and can I appeal or save myself?

Many thanks in advance!

Wait until you receive the letter after which you can appeal if you came here on a visa and not on a VWP if you did then you have waived the right to appeal...

[alps34 17]

1 minute ago, Venice1012 said:

Wait until you receive the letter after which you can appeal if you came here on a visa and not on a VWP if you did then you have waived the right to appeal...

 

Yes, I came by visa - nothing was illegal.

The only thing: USCIS package receipt date: 3rd of October and my visa expiration date: 7th of October

But the package have been received prior to my visa expires.

They also have send the combo card (EAD and AP) without any problem....

It is interesting. I hope this will not give any harm to my EAD.

[alps34 17]

12 minutes ago, Chardon Ne' said:

By the way out of curiosity did you send the NOA for the I130 with the 485 application? 

Yes, my I-130 is still pending and I also send a copy of it along with I485

[Venice1012 35]

Just now, alps34 said:

 

Yes, I came by visa - nothing was illegal.

The only thing: USCIS package receipt date: 3rd of October and my visa expiration date: 7th of October

But the package have been received prior to my visa expires.

They also have send the combo card (EAD and AP) without any problem....

It is interesting. I hope this will not give any harm to my EAD.

Wow that's complicated, I think in that case you should've filed a waiver because by the time the case would've been transferred you would've been out of status... But either way wait until you receive the letter it will explain.

 

[Chardon Ne' 71]

Just now, alps34 said:

 

Yes, I came by visa - nothing was illegal.

The only thing: USCIS package receipt date: 3rd of October and my visa expiration date: 7th of October

But the package have been received prior to my visa expires.

They also have send the combo card (EAD and AP) without any problem....

It is interesting. I hope this will not give any harm to my EAD.

I just find it odd that they would deny the I485 without denying the I130 considering that that is the reason you were eligible to file the 485 in the first place. The dates should not matter in that you are applying for adjustment of status with an LPR spouse, what type of Visa? You may not have come in illegally but depending on the Visa type you may have applied improperly for AOS with an LPR. Being here now while i130 is pending may have affected that as the rules are different for an LPR vs USC

[alps34 17]

1 minute ago, Venice1012 said:

Wow that's complicated, I think in that case you should've filed a waiver because by the time the case would've been transferred you would've been out of status... But either way wait until you receive the letter it will explain.

 

Don't know what to do

My attorney is taking care of me, I think the best way is yes: Wait for the letter in the mail

[alps34 17]

1 minute ago, Chardon Ne' said:

I just find it odd that they would deny the I485 without denying the I130 considering that that is the reason you were eligible to file the 485 in the first place. The dates should not matter in that you are applying for adjustment of status with an LPR spouse, what type of Visa? You may not have come in illegally but depending on the Visa type you may have applied improperly for AOS with an LPR. Being here now while i130 is pending may have affected that as the rules are different for an LPR vs USC

 

Came by B1 visa 5,5 months before applying to AOS

[Chardon Ne' 71]

Just now, alps34 said:

Don't know what to do

My attorney is taking care of me, I think the best way is yes: Wait for the letter in the mail

Yes best way. 

[Venice1012 35]

4 minutes ago, Chardon Ne' said:

I just find it odd that they would deny the I485 without denying the I130 considering that that is the reason you were eligible to file the 485 in the first place. The dates should not matter in that you are applying for adjustment of status with an LPR spouse, what type of Visa? You may not have come in illegally but depending on the Visa type you may have applied improperly for AOS with an LPR. Being here now while i130 is pending may have affected that as the rules are different for an LPR vs USC

Applying for AOS has ntn to do with the visa type. The spouse of a LPR is eligible to file for AOS but I think the problem is more about is visa expiration date to the date he filed... Or the availability of a visa number in is category and filing AOS. A visa number is not readily available for the spouse of a LPR but is for the Spouse of a USC that also depict who is eligible to filed AOS before the approval of I130.

[Chardon Ne' 71]

Just now, alps34 said:

 

Came by B1 visa 5,5 months before applying to AOS

I see. I can almost bet that is your issue. Applying for AOS while on a visitors Visa and I130 pending? It seems you came with immigration intent. You should have returned home,  waited for the decision for i130, came to the states and then filed 485. Overstay may be forgiven when married to USC. Not sure about LPR. Hopefully you will not receive a ban. Good Luck with everything. 

[alps34 17]

2 minutes ago, Chardon Ne' said:

I see. I can almost bet that is your issue. Applying for AOS while on a visitors Visa and I130 pending? It seems you came with immigration intent. You should have returned home,  waited for the decision for i130, came to the states and then filed 485. Overstay may be forgiven when married to USC. Not sure about LPR. Hopefully you will not receive a ban. Good Luck with everything. 

 

Well, I have never overstayed. I've sent my AOS application when I was in the legal status.

Yes, I came by B1 visa but wouldn't it be that I changed my mind after coming to the states to live here? 

I don't know