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Adjustment of status

By solab in Bringing Family Members of US Citizens to America

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solab Newbie

solab   0

Posted
Filed: AOS (pnd) Country: United Kingdom
 Timeline
Posted

my daughter filed an i130 for me in 2021 outside of the US, However, i came into the US on an esta visa January 2023, after which my I130 was approved. I decided to file an adjustment of status, and it was declined. Apparently USCIS has moved my file NVC. I am now over 60 days outside my esta expiring. Is there a way i can refile a fresh i130 and AOS together. Would it be valid?

Dashinka Grand Master

Dashinka   24,579

Posted
Filed: Citizen (apr) Country: Russia
 Timeline
Posted

Was the I485 package rejected or was it denied after an interview?

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

Dashinka Grand Master

Dashinka   24,579

Posted
Filed: Citizen (apr) Country: Russia
 Timeline
Posted (edited)
7 minutes ago, solab said:

it was rejected

So was there missing evidence such as the I130 NOA or something like that?  Generally rejected packages are missing required evidence which can be overcome by Re-submitting it with the required evidence.

 

Good Luck!

Edited by Dashinka

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

solab Newbie

solab   0

Posted
Filed: AOS (pnd) Country: United Kingdom
 Timeline
  • Author
Posted
5 minutes ago, Dashinka said:

So was there missing evidence such as the I130 NOA or something like that?  Generally rejected packages are missing required evidence which can be overcome by Re-submitting it with the required evidence.

 

Good Luck!

i believe the i130 NOA was included in the package. The package was submitted by my lawyer.

solab Newbie

solab   0

Posted
Filed: AOS (pnd) Country: United Kingdom
 Timeline
  • Author
Posted
4 minutes ago, solab said:

i believe the i130 NOA was included in the package. The package was submitted by my lawyer.

 

4 minutes ago, solab said:

i believe the i130 NOA was included in the package. The package was submitted by my lawyer.

My lawyer is advising filing a fresh i130 application together with i485. Not quite sure this is a good idea.

Crazy Cat Grand Master

Crazy Cat   41,974

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted (edited)
48 minutes ago, solab said:

 

My lawyer is advising filing a fresh i130 application together with i485. Not quite sure this is a good idea.

You do not need a new I-130.  Resubmit a complete, correct I-485 package along with a copy of the I-130 approval notice. ...ASAP.

 

Some attorneys give horrible advice, but they never suffer the consequences or extra expense....YOU do.

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Boiler Grand Master

Boiler   45,641

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

What did your Lawyer do wrong and are they covering the cost of correcting it?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Crazy Cat Grand Master

Crazy Cat   41,974

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted
1 hour ago, Boiler said:

What did your Lawyer do wrong and are they covering the cost of correcting it?

Good question.  Seems the I-130 was OK as they approved it.  Attorney must have screwed up something in the I-485 package.  

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Crazy Cat Grand Master

Crazy Cat   41,974

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted
1 minute ago, jan22 said:

If the i-130 had already been sent to NVC when the I-485 was filed, USCIS could not adjudicate the I-485, as they no longer had the supporting I-130.

Is an I-824 needed to get it back to USCIS? 

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

EM_Vandaveer Experienced

EM_Vandaveer   2,408

Posted
Filed: Citizen (apr) Country: Hungary
 Timeline
Posted
4 hours ago, solab said:

 

My lawyer is advising filing a fresh i130 application together with i485. Not quite sure this is a good idea.

I-824 to route back the I-130 from NVC. Expensive and takes time.

Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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

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