AOS denied due to priority date? (split)

[Chardon Ne' 71]

2 minutes ago, Venice1012 said:

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.

Even with B1 visa? Idk. then

[Venice1012 35]

1 minute 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. 

Intent alone cannot be the reason for a denial... please people before you give advice about something you know ntn about, not trying to be rude but maybe you should do some more research on your theory... 

[alps34 17]

4 minutes ago, Venice1012 said:

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.

 

Yes, the visa number will be available 3 months later but shouldn't they keep my case until that time?

Because the USCIS is already giving the right to apply for adjustment of status before the visa availability?

[Venice1012 35]

1 minute ago, alps34 said:

 

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

Yes a B1 visa holder is eligible to adjust status. I'm also adjusting from B1 visa and I too was worried about immigration intent until my lawyer sent me a link to an article explaining that intend alone cannot be the reason for denial. That's law!!! 

[Venice1012 35]

3 minutes ago, alps34 said:

 

Yes, the visa number will be available 3 months later but shouldn't they keep my case until that time?

Because the USCIS is already giving the right to apply for adjustment of status before the visa availability?

No it's not up to them to hold your case. They give that right to the spouse of a uscis not the spouse of a LPR... There is a big difference in AOS for the Spouse of a USC than a spouse of a LPR.

[Venice1012 35]

7 minutes ago, Chardon Ne' said:

Even with B1 visa? Idk. then

Yes even for B1/B2 holder..

[alps34 17]

1 minute ago, Venice1012 said:

No it's not up to them to hold your case. They give that right to the spouse of a uscis not the spouse of a LPR... There is a big difference in AOS for the Spouse of a USC than a spouse of a LPR.

I see

[Chardon Ne' 71]

1 minute ago, Venice1012 said:

Intent alone cannot be the reason for a denial... please people before you give advice about something you know ntn about, not trying to be rude but maybe you should do some more research on your theory... 

Its ironic that you would say I know nothing, when we gave the same exact answer initially. Im just running through potential scenarios. Nothing is set in stone until we know what is in the letter. I think that has already been established. Besides how can you say that without knowing at least the visa type?  

[rickyminator 15]

As long as your last entry was legal they should deny you because of that, what could've happened is that the form wasn't  filled right

[Chardon Ne' 71]

1 minute ago, rickyminator said:

As long as your last entry was legal they should deny you because of that, what could've happened is that the form wasn't  filled right

Or too soon considering that the rules for filing AOS for USC and LPR are different? 

[Venice1012 35]

1 minute ago, Chardon Ne' said:

Its ironic that you would say I know nothing, when we gave the same exact answer initially. Im just running through potential scenarios. Nothing is set in stone until we know what is in the letter. I think that has already been established. Besides how can you say that without knowing at least the visa type?  

Because I spent months researching the USCIS, visajourney, immhelp and many other websites so I do know it has ntn to do with visa type.. And also I do know that intent alone cannot be the reason for a denial..  And I never said you know ntn I said you should do more research on the topic before mentioning it as a possible scenario.. if you did you'd know that there are only a few reasons why a I485 application would be denied before interview and intent is not one of those.. intend is only a CBP officer guideline and it has ntn to do with USCIS..

[alps34 17]

5 minutes ago, rickyminator said:

As long as your last entry was legal they should deny you because of that, what could've happened is that the form wasn't  filled right

My entry was legal so it's a good sign. How can they deny me for this?

[rickyminator 15]

Like other people said the process of being married to a resident is different than being married to a USC so maybe the form was filled incorrectly and theyll probably make you file another application following whatever rules there are for that case, which I don't know 

[Venice1012 35]

6 minutes ago, alps34 said:

My entry was legal so it's a good sign. How can they deny me for this?

I think be meant to say should not deny.

[Chardon Ne' 71]

11 minutes ago, rickyminator said:

Like other people said the process of being married to a resident is different than being married to a USC so maybe the form was filled incorrectly and theyll probably make you file another application following whatever rules there are for that case, which I don't know 

Exactly they may just tell him that he was not eligible to file at this time as the visa was not available. We dont not know. He is under the impression that his overstay is the reason, which I know is not because I too am adjusting from B1 visa.