Hey all. I was a beneficiary under my mother's I-485 which she submitted in the late 2000's when I was under 18. It's been processing with no clear progress (routine requests for interviews, new medical records, etc. but nothing decisive) and no clear reasons for the lack thereof. I got married last year and submitted my own I-485 with I-130 earlier this month. I got my two I-797s for I-485 and I-130 today saying that my applications are in process.
However, there was also a third letter "Notice of Intent to Deny" my previous I-485 case with the reason that "You filed Form I-485 based on derivative to your spouse. However, USCIS records fail to indicate you or your spouse are the beneficiary of an approved immigrant petition". (It's a bit confusing for me that they referenced my basis for filing my new I-485 in the NOID for my old I-485.)
It went on to say I am "hereby notified that it is the intent of USCIS to deny Form I-485" and that I have "33 days to submit the following evidence: evidence of an approved immigrant visa petition."
Should I respond to this or take no action? Thanks for any feedback anyone might have.
NOID for Old I-485 Case After Submitting New I-485
in General Immigration-Related Discussion
Posted · Edited by xysrai
Hey all. I was a beneficiary under my mother's I-485 which she submitted in the late 2000's when I was under 18. It's been processing with no clear progress (routine requests for interviews, new medical records, etc. but nothing decisive) and no clear reasons for the lack thereof. I got married last year and submitted my own I-485 with I-130 earlier this month. I got my two I-797s for I-485 and I-130 today saying that my applications are in process.
However, there was also a third letter "Notice of Intent to Deny" my previous I-485 case with the reason that "You filed Form I-485 based on derivative to your spouse. However, USCIS records fail to indicate you or your spouse are the beneficiary of an approved immigrant petition". (It's a bit confusing for me that they referenced my basis for filing my new I-485 in the NOID for my old I-485.)
It went on to say I am "hereby notified that it is the intent of USCIS to deny Form I-485" and that I have "33 days to submit the following evidence: evidence of an approved immigrant visa petition."
Should I respond to this or take no action? Thanks for any feedback anyone might have.