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dsachik

I-485 Returned - Visa not immediately available for Priority date

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Hello, 

 

Last month we've submitted an AOS (I-130,I-130A, I485, I-765, I-864) package for my wife, who is currently here on an F1 Visa. (I'm a US Citizen) A few days after USCIS received the package, I received notice that the I-130 has been accepted, and the form fee was withdrawn from my credit card.

 

Yesterday we received form I-485 back, stating that "Based on the information you provided, a visa is not immediately available for your priority date. USCIS will accept Form I-485, from family sponsored or employment based applicants according to the monthly Visa Bulletin. 

 

I'm confused, as I thought that immediate family members (spouses) of U.S. Citizens are exempt from the priority date bulletin as they're not subject to the annual immigrant visa quota. Is there anything i'm possibly missing in my understanding of the AOS process for spouses of US Citizens? Did I fill out form I-1485 incorrectly, and the immigration officers did not categorize me as a spouse of a US citizen, or was a mistake made on their part? 

 

My wife entered the US on a tourist Visa in 2015, and was granted AOS to an F1 Visa before we met. I met her when she was on an F1 Visa, and we got married after a couple of years. Due to health issues she stopped going to school a few months after we were married, and her F1 visa should've lapsed, although we're not 100% sure as to when exactly her status ended. We filled the AOS package about 6 months after her F1 visa should've lapsed and she stopped going to school.

 

Any help would be greatly appreciated!

 

Thanks,

Dennis

 

 

 

 

 

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Did you check to see if you selected the correct category? If you did, it might just be a mistake. If I were you, I'd call USCIS on Monday, ask for tier 2 officer, explain your situation, write a cover letter with agent # you spoke with (if any), and send it again.

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57 minutes ago, Charmss said:

Did you check to see if you selected the correct category? If you did, it might just be a mistake. If I were you, I'd call USCIS on Monday, ask for tier 2 officer, explain your situation, write a cover letter with agent # you spoke with (if any), and send it again.

I just double checked, and on the I-485 Part 2 section 1.a. I have "Immediate relative of a U.S. Citizen, Form I-130"

 

I will contact USCIS first thing in the morning on Monday and follow your suggestion...It looks like they've broken up my packet a bit, and also send me back the unsealed I-693...When I send it back to them. Do I have to put it back together the way it was originally, or can I send them the stapled documents they way I received them...Also, will I have any trouble with sending the unsealed I-693?

 

Thank you!

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39 minutes ago, dsachik said:

I just double checked, and on the I-485 Part 2 section 1.a. I have "Immediate relative of a U.S. Citizen, Form I-130"

 

I will contact USCIS first thing in the morning on Monday and follow your suggestion...It looks like they've broken up my packet a bit, and also send me back the unsealed I-693...When I send it back to them. Do I have to put it back together the way it was originally, or can I send them the stapled documents they way I received them...Also, will I have any trouble with sending the unsealed I-693?

 

Thank you!

With regard to I-693, I’ve read from other threads that they explained the situation at the clinic they got the physical and got the 693 resealed instead of doing the test all over again. However, you can confirm what to do from tier 2 officer. Hope it helps and I wish everything works out well. Keep us posted. 

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Sounds like a mistake on their part...an IR of a USC's priority date is current immediately upon filing, which is why concurrent filing with an I-485 is permitted. Assuming the I-485 was completed properly (it does look like the right category was selected), somebody probably made a mistake and/or misread it.


Timelines:

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

10/17/18: Approved

10/24/18: Green card produced

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: 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

 

 

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12 hours ago, geowrian said:

Sounds like a mistake on their part...an IR of a USC's priority date is current immediately upon filing, which is why concurrent filing with an I-485 is permitted. Assuming the I-485 was completed properly (it does look like the right category was selected), somebody probably made a mistake and/or misread it.

I have just gone through every single question on the I-485 to make sure I didn't make a mistake that led them to this. Other than Part 2 section 1.a., are there any other places for them to mistakenly assume her filling category. 

 

Also, it appears they didn't return all of the passport photos that were included with the forms. 

 

I'll confirm this with the tier 2 officer I hopefully speak with on Monday, however, do I have to reorganize my AOS packet the way I originally had it, or do you think I can just send it back the way it is, stapled.

 

Thank you everybody for their replies!

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So I called USCIS and spoke to a Tier 2 officer today. The tier 1 operator, indeed acknowledged that a mistake was most likely made, considering my wife entered the US on a valid visa, and is in fact an immediate relative of a US Citizen. However, the tier 2 officer, although very nice, seemed a bit clueless. 

 

After explaining my situation to him, his first response was that we have to wait for I-130 to be processed first, before we can file the I-485. After telling him all forms were filled concurrently, and that I was under the impression that we don't have to wait for the I-130 to be processed yet, he said that "Yes, as it turns out the USCIS does allow for concurrent filling" However, after pulling up our accepted I-130, he said that it was delayed, and hasn't been processed yet, and that we have to wait for it's status to change to "In progress" before re-filling the I-485 packet.

 

I thanked him for his time, and hung up his call, making sure to get his name and agent #. I can't say I'm satisfied with his answer, as he seemed to be a little misinformed, and his "answer" still doesn't explain why the rejection notice referenced a visa quota and an incorrect priority date. 

 

I will try to call them again tomorrow and speak with another Tier 2 officer to see if I'll get another answer. I'm also planning on contacting my local Senator's office to see if they can be of any help with this. 

 

Thanks,

Dennis

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