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Pinkielicious

I-130 received, I-485 rejected based on Visa Bulletin

By Pinkielicious in Adjustment of Status from Work, Student, & Tourist Visas

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Pinkielicious   17

Posted
Filed: AOS (pnd) Country: Vietnam
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I'm an international student, so I'm on F-1 visa. I'm married to my husband who is a USC. I had sent out I-130 and I-485 concurrently in April; my I-130 was received in May, but my I-485 was rejected since they couldn't find a record of my I-130 application. I sent out the I-485 again with a copy of the Receipt of I-130. Today, my I-485 was rejected, again, and the reason is based on Visa Bulletin "Application Final Action Dates" and "Dates for Filing Applications." I called the USCIS and the representative had no idea why I got rejected. She told me that I should have been able to file I-130 and I-485 concurrently. 

 

Do you know the reason why? On part 2, item 1 or I-485, I checked box A. Is it correct?

 

I don't know why I've got this kind of issue since everyone seems to be fine filing concurrently.

01/09/2011 - Arrived United States

11/15/2012 - Officially dated my husband

11/30/2015 - Got married

03/15/2017 - AOS package sent but got rejected 

04/22/2017 - AOS package re-sent

04/24/2017 - AOS package delivered at USCIS, Chicago

05/12/2017 - Text/Email Receipt received (1 text, 1 email) for I-130

05/13/2017 - Received I-797C for I-485/I-765/I-131 in mail (USCIS couldn't find my record for I-130 approval)

05/15/2017 - Check cashed (I-130)

05/19/2017 - Received NOA1 for I-130 

05/20/2017 - Resubmitted I-485/I-765/I-131

05/22/2017 - I-485 delivered at Chicago P.O. Box

 

 

Suss&Camm Experienced

Suss&Camm   2,213

Posted
Filed: Lift. Cond. (apr) Country: Sweden
 Timeline
Posted
2 hours ago, Pinkielicious said:

I'm an international student, so I'm on F-1 visa. I'm married to my husband who is a USC. I had sent out I-130 and I-485 concurrently in April; my I-130 was received in May, but my I-485 was rejected since they couldn't find a record of my I-130 application. I sent out the I-485 again with a copy of the Receipt of I-130. Today, my I-485 was rejected, again, and the reason is based on Visa Bulletin "Application Final Action Dates" and "Dates for Filing Applications." I called the USCIS and the representative had no idea why I got rejected. She told me that I should have been able to file I-130 and I-485 concurrently. 

 

Do you know the reason why? On part 2, item 1 or I-485, I checked box A. Is it correct?

 

I don't know why I've got this kind of issue since everyone seems to be fine filing concurrently.

You are right,  A is the box to tick and according to what you have said there shouldn't have been an issue. I would refile - and send the highlighted instructions that prove your point and a letter explaining that the application was rejected in error.

 

Did you fill in i130 and i130a? 

K1 Visa & AOS

Spoiler

2016-03-19         i-129F Sent
2016-03-24         i-129F NOA1
2016-06-14         i-129F NOA2
2016-07-08         NVC Rec'd
2016-07-12         Case #
2016-07-13         NVC Left
2016-07-14         Consulate Rec'd
2016-07-19         Medical
2016-08-11         Interview Date (approved)
2016-09-06         Issued
2016-09-09         Visa In Hand
2016-10-19         POE Dallas Fort-Worth
2016-10-30         Our Halloween Wedding

2016-11-16         AOS package sent (i-485, i-131, i-765, i-864, g-325a, DS-3025)
2016-11-17         AOS package delivered to Chicago lockbox
2016-11-23         NOA1's by e-mail and text (@ 10:30 pm CT)
2016-11-26         NOA1 hard copies
2016-12-03         Biometrics appointment in mail
2016-12-07         Biometrics (Early walk-in Desoto, appointment was for Dec 13th)

2017-02-17         Notice of card in production by email and text (@8:00 am CT, i-765) - Day 92

2017-02-22         Notice of approval by email and text (@1:00 pm CT, i-765 and i-131) - Day 97

2017-02-22         Notice of card being mailed by email and text (@7:00 pm CT, i-765) - Day 97

2017-02-25         EAD/AP combo card arrived in mail - Day 100

2017-03-03         Notice of green card in production by email and text (@4:00 pm CT, i-485) - Day 106

2017-03-03         Notice of approval by email and text (@6:00 pm CT, i-485) - Day 106

2017-03-11          Green card arrived in mail  - Day 113

2018-12-03          First day to file for ROC (i-751)

 

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