I-485 denied. Please help!

[Karay 6]

Hello,

A cousin of mine had his i-485 denied. Reason is he did not have a pending or approved visa petition.  He filed the I 130 concurrently with the i_485. He got an RFE which he sent and it was marked as received by USCIS. They canceled the RFE on September 12 and 2 weeks later he was denied. What can he do now to rectify this situation? I have attached a screenshot of the denial letter. Thank you in advance!

[SalishSea 17,928]

22 minutes ago, Karay said:

Hello,

A cousin of mine had his i-485 denied. Reason is he did not have a pending or approved visa petition.  He filed the I 130 concurrently with the i_485. He got an RFE which he sent and it was marked as received by USCIS. They canceled the RFE on September 12 and 2 weeks later he was denied. What can he do now to rectify this situation? I have attached a screenshot of the denial letter. Thank you in advance!

How did he enter the US?   Who petitioned him?

[powerpuff 6,734]

The picture is too blurry to read. 

[Karay 6]

1 hour ago, SalishSea said:

How did he enter the US?   Who petitioned him?

He entered on a tourist visa. His spouse petitioned for him.

[appleblossom 2,694]

1 hour ago, Karay said:

Hello,

A cousin of mine had his i-485 denied. Reason is he did not have a pending or approved visa petition.  He filed the I 130 concurrently with the i_485. He got an RFE which he sent and it was marked as received by USCIS. They canceled the RFE on September 12 and 2 weeks later he was denied. What can he do now to rectify this situation? I have attached a screenshot of the denial letter. Thank you in advance!

 

 

Is his spouse a US citizen or green card holder?

Edited October 1 by appleblossom

[Karay 6]

1 hour ago, appleblossom said:

 

Is his spouse a US citizen or green card holder?

Us citizen 

1 hour ago, powerpuff said:

The picture is too blurry to read. 

 

Edited October 1 by Crazy Cat

[Karay 6]

1 hour ago, Karay said:

Us citizen 

 

I have attached a pdf version.  Hopefully it helps 

Edited October 1 by Crazy Cat

[hmwtx 13]

It looks like his visa had already expired when he applied for the I-485?  He was out of status before he applied?  In that case, he had no current status to adjust - he was already out of status.  You can only adjust if you had lawful, current status when you applied.  If your original entry visa then expires and you do not leave, you are overstaying which is generally forgiven if they approve your adjustment and issue the green card.  But if you are already overstaying when you apply for adjustment, then there is literally nothing to adjust and you will get a letter like this one.  That's what I'm seeing in this letter, anyway.

[Crazy Cat 41,981]

****2 comments with improperly redacted personal info removed from thread***

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***Nice catch, @Lemonslice

Edited October 2 by Crazy Cat

[SusnOwen 160]

28 minutes ago, hmwtx said:

It looks like his visa had already expired when he applied for the I-485?  He was out of status before he applied?  In that case, he had no current status to adjust - he was already out of status.  You can only adjust if you had lawful, current status when you applied.  If your original entry visa then expires and you do not leave, you are overstaying which is generally forgiven if they approve your adjustment and issue the green card.  But if you are already overstaying when you apply for adjustment, then there is literally nothing to adjust and you will get a letter like this one.  That's what I'm seeing in this letter, anyway.

Incorrect information - You can file the I-130 and I-485 concurrently, even with an overstay, if you legally entered the US and marry a US citizen. It sounds like the I-130 may have been denied, or something to do with that - They are saying there isn't a pending petition, so if they filed concurrently, something had to have happened with the I-130 first.

[KP & SP 9]

11 minutes ago, SusnOwen said:

Incorrect information - You can file the I-130 and I-485 concurrently, even with an overstay, if you legally entered the US and marry a US citizen. It sounds like the I-130 may have been denied, or something to do with that - They are saying there isn't a pending petition, so if they filed concurrently, something had to have happened with the I-130 first.

Yes correct, and if you have to refile make sure the beneficiary does not leave the country otherwise it would be a 3 or 10 years ban to enter the US. I am on a similar situation, I-485 denied but I-130 still pending almost been 2 years since I-130 was filed.

[SalishSea 17,928]

13 minutes ago, SusnOwen said:

Incorrect information - You can file the I-130 and I-485 concurrently, even with an overstay, if you legally entered the US and marry a US citizen. It sounds like the I-130 may have been denied, or something to do with that - They are saying there isn't a pending petition, so if they filed concurrently, something had to have happened with the I-130 first.

The post you’re replying to is not actually incorrect.   You may want to re-read it.   

 

 

[nastra30 2,288]

@KarayUSCIS Is basically saying there is no pending or approved I130. Are you sure a properly completed and paid I-130 was submitted? Do you have a receipt for the I-130? What's the status of the I130 here: https://egov.uscis.gov/

[Karay 6]

55 minutes ago, SusnOwen said:

Incorrect information - You can file the I-130 and I-485 concurrently, even with an overstay, if you legally entered the US and marry a US citizen. It sounds like the I-130 may have been denied, or something to do with that - They are saying there isn't a pending petition, so if they filed concurrently, something had to have happened with the I-130 first.

That's what I thought too but I am not sure what happened to the I  130. It might be the RFE? They canceled the RFE on September 12 and he got the denial of the I 485 on September 24. 

[Karay 6]

46 minutes ago, KP & SP said:

Yes correct, and if you have to refile make sure the beneficiary does not leave the country otherwise it would be a 3 or 10 years ban to enter the US. I am on a similar situation, I-485 denied but I-130 still pending almost been 2 years since I-130 was filed.

What was the reason for denial?