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Filed: Citizen (apr) Country: India
Timeline
Posted

Hi,

 

Recently we filed for I-485 application. Beneficiary applied this after I-130 (Immediate relative category) approval received and currently present in USA for more than 90+ days on B-2 visa. Intention was never to file for adjustment of status but to go for consular processing. We did file for AOS because beneficiary present in US at the time I-130 approved and need help here for family. So rather than going back to home country AOS is filed. 
Beneficiary also filed cover letter with following content "I am filing for I-485 Application to Register Permanent Residence or Adjust Status (With approved i-130 XXX) together with I-765 Application for Employment Authorization and I-131 Application for Travel Document. I am currently in U.S on valid B-2 Visitor Visa.
Please find enclosed form I-485 together with its supporting documents. Also forms I-765 and I-131 with their copies of supporting documents attached."

Will this cover letter create any issue as it is mentioned that beneficiary present in US with valid B-2 visa ?  Intention was just to mention the current status while filing. 
Please advise !!

 

Thanks !!

Filed: Citizen (apr) Country: India
Timeline
Posted

Yes it is valid entry at POE mentioning the correct reason for visit. As most of the ppl saying, if USCIS thinks intention is to immigrate on B-2 visa create lot more issues. So worried about the cover letter content. Actual intention was just to mention current valid status in the cover letter. 

Filed: AOS (apr) Country: Uganda
Timeline
Posted
1 hour ago, nvcp said:

Yes it is valid entry at POE mentioning the correct reason for visit. As most of the ppl saying, if USCIS thinks intention is to immigrate on B-2 visa create lot more issues. So worried about the cover letter content. Actual intention was just to mention current valid status in the cover letter. 

Who ever told you that is WRONG. Intent is also IRRELEVANT is the case of an immediate relative.

Filed: Citizen (apr) Country: India
Timeline
Posted

Thanks for the reply !! I have more question related to this, as we send our AOS package to USCIS, unfortunately the same day approved I-130 sent from USCIS to NVC. When called to USCIS, help service mentioned that they will directly communicate with NVC and get the package back. Do we need to take any action in this ? 

 
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