K1 - Filing adjustment of status I-485

[gmbmax 0]

I am US citizen, I filed I-129 for my fiance & my 2 children and it got approved.

My fiance got the visa K-1 and my 2 children as K-2.

They entered US on 12/10/19 and got married on 01/03/20 within 90 days.

I filed for adjustment of status I-485 and got rejected for improper filing. I included approved I-797 Notice of Action

See the response below, my question is the confusion of what do they want me to file or what mistake did I do

Wife - was principal applicant, Kids are derivative applicants. Their response was as follows on rejection-

 

"This is in reference to the I-485, Application to Register Permanent Residence or Adjust Status, you submitted. Your I-485 fees, and any supporting documentation is being returned to you for the following reasons;

Based on the information you provided, your priority date could not be established. Please resubmit your application with the proper documentation to the address listed on the bottom of this notice.

 

The following documents maybe provided:

• Your original Form I-130, (Petition for Alien Relative) if you are filing concurrently; or
• Your original Form I-140, (Immigrant Petition for Alien Worker) if you are filing concurrently; or
• Your original Form I-360, (Petition for Amerasian, Widow(er), or Special Immigrant) if you are filing concurrently; or
• A copy of your Form 797, (Notice of Action) if the I-130, I-140, I-360, or I-526 petition has already been filed/approved; or
• Other evidence that an immigration visa petition has been filed approved on your behalf.

 

[igoyougoduke 1,604]

what category did you file your I-485 form under ?

[gmbmax 0]

I filed under family based - 2 c 

[Wuozopo 4,285]

13 hours ago, gmbmax said:

Other evidence that an immigration visa petition has been filed approved on your behalf.

Does your evidence include the NOA2 showing approval of the I-129F fiancé petition? Is that the I-797 you mention?  You get 2 of them. Was it the right one?

Edited August 5, 2020 by Wuozopo

[Ayrton 965]

15 hours ago, gmbmax said:

I am US citizen, I filed I-129 for my fiance & my 2 children and it got approved.

My fiance got the visa K-1 and my 2 children as K-2.

They entered US on 12/10/19 and got married on 01/03/20 within 90 days.

I filed for adjustment of status I-485 and got rejected for improper filing. I included approved I-797 Notice of Action

See the response below, my question is the confusion of what do they want me to file or what mistake did I do

Wife - was principal applicant, Kids are derivative applicants. Their response was as follows on rejection-

 

"This is in reference to the I-485, Application to Register Permanent Residence or Adjust Status, you submitted. Your I-485 fees, and any supporting documentation is being returned to you for the following reasons;

Based on the information you provided, your priority date could not be established. Please resubmit your application with the proper documentation to the address listed on the bottom of this notice.

 

The following documents maybe provided:

• Your original Form I-130, (Petition for Alien Relative) if you are filing concurrently; or
• Your original Form I-140, (Immigrant Petition for Alien Worker) if you are filing concurrently; or
• Your original Form I-360, (Petition for Amerasian, Widow(er), or Special Immigrant) if you are filing concurrently; or
• A copy of your Form 797, (Notice of Action) if the I-130, I-140, I-360, or I-526 petition has already been filed/approved; or
• Other evidence that an immigration visa petition has been filed approved on your behalf.

 

It's probably something with the K2. Lots of people had rejection lately on K2. Make sure you separate the fees for K1 and K2. Make sure you send a separate 864 for the kids.

[gmbmax 0]

Yes I included the I-797 Notice of Approval, its only one approval notice.

I suspected it could be something to do with the K-2, i will do that