I-130 approved, I-485 denied question

[Ben & Katy 168]

Hello,

 

I have a friend that applied for AOS & I-130 for his wife in September 2022.   He told me that he never heard from USCIS for an entire year until September 2023 when he got an RFE for the I-130.

 

In November 2023 he sent in what was asked for and got an approval in December 2023 for the I-130.  He didn’t hear anything else from USCIS so last week he decided to get his senator in Phoenix involved for a status check to see if they have an interview date or not.

 

Greg Stanton’s office ended up finding out that USCIS sent out 2 requests: one letter to appear for biometrics in October 2022 & another letter for a rescheduled biometrics in early 2023.  My friend said he never received any letters for biometrics.  
 

Greg Stanton’s office also uncovered a I-485 denial letter that my friend said he also never received in June 2023.  Besides hiring a lawyer what does he have to do to get this on track? Re-open? Or re-apply for the I-485 and start having his mail sent to a more reliable address?

[SalishSea 17,188]

1 hour ago, Ben & Katy said:

Hello,

 

I have a friend that applied for AOS & I-130 for his wife in September 2022.   He told me that he never heard from USCIS for an entire year until September 2023 when he got an RFE for the I-130.

 

In November 2023 he sent in what was asked for and got an approval in December 2023 for the I-130.  He didn’t hear anything else from USCIS so last week he decided to get his senator in Phoenix involved for a status check to see if they have an interview date or not.

 

Greg Stanton’s office ended up finding out that USCIS sent out 2 requests: one letter to appear for biometrics in October 2022 & another letter for a rescheduled biometrics in early 2023.  My friend said he never received any letters for biometrics.  
 

Greg Stanton’s office also uncovered a I-485 denial letter that my friend said he also never received in June 2023.  Besides hiring a lawyer what does he have to do to get this on track? Re-open? Or re-apply for the I-485 and start having his mail sent to a more reliable address?

What is wrong with his address?  Why did he not have a reliable address when submitting forms initially?

[OldUser 5,495]

That bad. I'd refile I-485, I-765, I-131 with a copy of approved I-130.

 

And use a reliable address on the forms. 

 

~ Not a legal advice ~

Edited February 8 by OldUser

[Ben & Katy 168]

16 hours ago, OldUser said:

That bad. I'd refile I-485, I-765, I-131 with a copy of approved I-130.

 

And use a reliable address on the forms. 

 

~ Not a legal advice ~

Thank you!  He didn't file the I-765 (because she is a stay at home mom and she probably will never work outside the home), I-131 (I told him to file this initially so his wife could have a chance to go home during this process, didn't take my advice) and he filed a I-130 that was approved as stated in the previous topic. 

[Ben & Katy 168]

18 hours ago, SalishSea said:

What is wrong with his address?  Why did he not have a reliable address when submitting forms initially?

They live in an apartment complex that has had a history of giving mail to the wrong unit or arriving at a completely different complex.  I know it is weird and I recommended him to use his uncle's house address since its more reliable but hell what do I know right?

[OldUser 5,495]

40 minutes ago, Ben & Katy said:

Thank you!  He didn't file the I-765 (because she is a stay at home mom and she probably will never work outside the home), I-131 (I told him to file this initially so his wife could have a chance to go home during this process, didn't take my advice) and he filed a I-130 that was approved as stated in the previous topic. 

I strongly suggest applying for I-131 and I-765 while they're free. You can relay the message to him.

 

I-131 - does she have any family left back in home country? Imagine if somebody gets seriously ill or dies. Or some other emergency happens. She wouldn't be able to leave without this else she'll abandon AOS process.

 

I-765 - Even though she may not work now, what if she decides to do 2-4 hours of work per week for socializing at a local coffee shop? 

Additionally, EAD may be needed at DMV to get driver's license or state ID (please don't tell me she doesn't need it). Also, to open a bank account, or add her to his accounts, she may need to show EAD.

 

TLDR: there's no reason not to file these forms, since they're free right now. Tell your friend not to limit his wife's freedoms, she already goes through AOS and immigration which have a lot of restrictions.

[Ben & Katy 168]

23 hours ago, OldUser said:

I strongly suggest applying for I-131 and I-765 while they're free. You can relay the message to him.

 

I-131 - does she have any family left back in home country? Imagine if somebody gets seriously ill or dies. Or some other emergency happens. She wouldn't be able to leave without this else she'll abandon AOS process.

 

I-765 - Even though she may not work now, what if she decides to do 2-4 hours of work per week for socializing at a local coffee shop? 

Additionally, EAD may be needed at DMV to get driver's license or state ID (please don't tell me she doesn't need it). Also, to open a bank account, or add her to his accounts, she may need to show EAD.

 

TLDR: there's no reason not to file these forms, since they're free right now. Tell your friend not to limit his wife's freedoms, she already goes through AOS and immigration which have a lot of restrictions.

Yeah I strongly encouraged him to apply for the advanced parole and he didn't do it back in 2022.  I suggested him to do this so his wife could go to Mexico and let his baby son meet his other grandparents back in Mexico.   I sadly think that he wants his wife's freedom limited... But that is another story for another day.   Speaking of emergency, his wife's sister passed away during this whole wait down in Mexico and she never got to say goodbye to her sister.  They got married in 2021 inside the USA and if she does get the visa she will go directly to the 10 year green card.  Is the I-765 so you can work, get a license and open bank accounts for before they approve you for the I-130 and I-485?  

[OldUser 5,495]

6 minutes ago, Ben & Katy said:

Yeah I strongly encouraged him to apply for the advanced parole and he didn't do it back in 2022.  I suggested him to do this so his wife could go to Mexico and let his baby son meet his other grandparents back in Mexico.   I sadly think that he wants his wife's freedom limited... But that is another story for another day.   Speaking of emergency, his wife's sister passed away during this whole wait down in Mexico and she never got to say goodbye to her sister.  They got married in 2021 inside the USA and if she does get the visa she will go directly to the 10 year green card.  Is the I-765 so you can work, get a license and open bank accounts for before they approve you for the I-130 and I-485?  

That's pretty sad. I would point out, it's up to his wife to apply for I-131 and I-765. It's not the US citizen who technically files, it's the immigrant. The only forms US citizen files are I-130 and I-864.

 

Yes, I-765 is for the gap between filing forms and getting GC. As you say, for banks, getting a job and DL. After that, either GC can be used for all of that, or (and that's better ) - unrestricted social security card and DL.

Edited February 9 by OldUser