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Form I-485, Adjustment of Status RFE

By Diome in Adjustment of Status Case Filing and Progress Reports

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Diome Explorer

Diome   2

Posted
Filed: IR-1/CR-1 Visa Country: Nigeria
 Timeline
Posted

My friend  filled   I-130 concurrently with other forms under  family based adjustment of status married to US Citizen .  He received 2nd RFE That the application  I 485 was filled on outdated version which is not true  because the latest form I 485 expiring 06/2019 was used.  His  current immigration status entry visa has expired since 2016.   Did he need to complete form I 485 supplement A adjustment of status under sec 245(i).  Is that why  the application was returned . Please any advice will help him  and his wife. Thanks

geowrian Grand Master

geowrian   22,337

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted (edited)

The expiration date is only for the Office of Management and Budget (OMB) purposes. USCIS uses the Edition Date, which is on the lower left corner of the form. The current I-485's Edition Date is 12/13/17.

 

However, normally this would be something they address when you initially file the form (and reject submission), not via an RFE. I'm a bit confused as you said this was his second RFE, but also said the application was returned.

 

He likely does not have to do anything for AOS under INA 245(i). That only applies to very specific circumstances. It sounds like he overstayed his visa, which is ignored for AOS purposes as the spouse of a USC.

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Diome Explorer

Diome   2

Posted
Filed: IR-1/CR-1 Visa Country: Nigeria
 Timeline
  • Author
Posted

The Notice of Action reads:

This is in references to the  I - 145 applicaiton.......

The application pettion was filed on outdated version.... filled out the current version of this form with appropriate fees .

We used the current version form 12/13/17.

I don't know what is going on here.

 

 

thepanda Collaborator

thepanda   87

Posted
Filed: AOS (apr) Country: Germany
 Timeline
Posted
On ‎5‎/‎15‎/‎2018 at 2:20 AM, Diome said:

The Notice of Action reads:

This is in references to the  I - 145 applicaiton.......

The application pettion was filed on outdated version.... filled out the current version of this form with appropriate fees .

We used the current version form 12/13/17.

I don't know what is going on here.

 

 

This is not a RFE (Request for Evidence) then which can confuse us. Your application has been rejected then.

Is there any other information you can share that might help?

 

Otherwise I would call them and ask them. You have a receipt number now.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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