Wow, I don`t know what to say here

[tanyaru 3]

Hello everyone and thanks for stopping by!

Here is my story once again:

Hubby submitted I-130 for me back in april. Never received a NOA for it unfortinatelly otherwise I would not have all of this troubles....

I`m now trying to adjust status from a student visa expired by now.

First Rejection notice for NOA stated that I needed to file I-130 concurrently, submit a copy of NOA for I-130 or evidence that immigrant visa petition has been filed on my behalf (and they did not notice that evidence )

So, I put more evidence in a packet such as copies of checks which has been charged from our account with receipt number on them, case status online page, delivery conformation and submitted it again.

Today I get another rejection notice with the following:

Based on the information you provided, your priority date does not appear to be current. Please refer to the Visa Bulletin published monthly by the US Department of State, Bureau of Consular Affairs to determine availability of immigrant visa numbers in your immigration category. When your priority date is earlier then the correlating cut-off date listed in the current Visa Bulletin, you will then be eligible to submit your I-485 application.

You may access The State Department of Visa Bulletin at www.travel.state.gov/visa_bulletin.html

Now, can someone please explain me on a real English what do they want??? Bytheway, that link they gave me does not work!

Thanks to ya all.

[Shakil 4]

Please explain the situation a little bit. Is your husband a green card holder or a citizen? Seems like he is a green card holder. if that is NOT the case then he needs to make an infopass appointment right away and go see an immigration officer immediately.

Also you might want to double check all the forms to make sure that he or you has not indicated anywhere on the form that you are NOT a citizen or is a green card holder.

Edited July 26, 2008 by Shakil

[tanyaru 3]

Please explain the situation a little bit. Is your husband a green card holder or a citizen? Seems like he is a green card holder. if that is NOT the case then he needs to make an infopass appointment right away and go see an immigration officer immediately.

Also you might want to double check all the forms to make sure that he or you has not indicated anywhere on the form that you are NOT a citizen or is a green card holder.

Hey Shakil, thanks for reply.

Hubby is a citizen. Double checked the forms. It is only Affidavit of Support on AOS packet where any his info shows up and it is filled out correct to the best of my knolege.

[tanyaru 3]

I was thinking about my issue here, it does not let me sleep wery well

So, I`m thinking USCIS might have got confused that I`m already here and was here when I-130 has been filed.... Department of State is for potential immigrants waiting for visa co come here first and then file for AOS... Please correct me if I`m wrong.

[Jenn! 918]

Why did you file the I-130 before the I-485? They need to be filed together.

The language on the rejection notice doesn't make a lot of sense to me. You need to make an Infopass appointment ASAP and get this sorted out!

[tanyaru 3]

Why did you file the I-130 before the I-485? They need to be filed together.

The language on the rejection notice doesn't make a lot of sense to me. You need to make an Infopass appointment ASAP and get this sorted out!

Jenn, thank you for your reply.

I-130 and I-485 does not have to be filed together. I saw plenty of people who have done it separately on here and haven`t had a problem.

We didn`t file them together because we didn`t know any better at that time. I`m thinking of infopass now... going to call USCIS in a few too.

[Jenn! 918]

Why did you file the I-130 before the I-485? They need to be filed together.

The language on the rejection notice doesn't make a lot of sense to me. You need to make an Infopass appointment ASAP and get this sorted out!

Jenn, thank you for your reply.

I-130 and I-485 does not have to be filed together. I saw plenty of people who have done it separately on here and haven`t had a problem.

We didn`t file them together because we didn`t know any better at that time. I`m thinking of infopass now... going to call USCIS in a few too.

I should clarify. I *think* that your situation would require either a concurrent filing of the I-130 and I-485 or an approval notice for the I-130 filed with the I-485.

It makes sense to me that it's possible to file them separately as you did and they should get joined up, as you stated others have done successfully. It seems USCIS is confused in your case.

I'm going to move this to this to the other forum for adjustment of status from other visa types. Maybe someone will have some advice other than making an infopass.

Best of luck to you!

Edited July 26, 2008 by Jenn!

[tanyaru 3]

Why did you file the I-130 before the I-485? They need to be filed together.

The language on the rejection notice doesn't make a lot of sense to me. You need to make an Infopass appointment ASAP and get this sorted out!

Jenn, thank you for your reply.

I-130 and I-485 does not have to be filed together. I saw plenty of people who have done it separately on here and haven`t had a problem.

We didn`t file them together because we didn`t know any better at that time. I`m thinking of infopass now... going to call USCIS in a few too.

I should clarify. I *think* that your situation would require either a concurrent filing of the I-130 and I-485 or an approval notice for the I-130 filed with the I-485.

It makes sense to me that it's possible to file them separately as you did and they should get joined up, as you stated others have done successfully. It seems USCIS is confused in your case.

I'm going to move this to this to the other forum for adjustment of status from other visa types. Maybe someone will have some advice other than making an infopass.

Best of luck to you!

Thanks. Sorry I posted it on a wrong spot.

[MrsD 0]

[First Rejection notice for NOA stated that I needed to file I-130 concurrently, submit a copy of NOA for I-130 or evidence that immigrant visa petition has been filed on my behalf (and they did not notice that evidence )

By evidence they meant what makes you eligible for AOS, meaning I-485. They are not very clear when it comes to marriage AOS, so many people have problems like you. If you read instructions on I-130 and I-485 very carefuly, you will see. I believe that by your application they didn't get what kind of AOS you applied for.

[tanyaru 3]

mrsdarty,

Ok... So by that you mean I put my eligibility category wrong??? Well, like I said I`m prior student visa holder marriaed to USC. I checked A in part 2 assuming that I-130 and I-485 will be pending at the same time then and when we pass interview I will be given a visa number.... Please tell me if I`m wrong and I need to check something else.

[Rosie74 0]

I think A was the correct category to be checked in your case.. still don't understand why they sent you the second rejection notice asking you to wait for your priority date.. marrying a USC automatically gives you a visa number, there is no priority date in your case.

Definitely USCIS is confused on what category you fall into, but according to your documents everything seems to be ok.

If I were you, I'd probably try to resubmit the entire package together (I-130 and I-485) and see what happens..

[tanyaru 3]

I think A was the correct category to be checked in your case.. still don't understand why they sent you the second rejection notice asking you to wait for your priority date.. marrying a USC automatically gives you a visa number, there is no priority date in your case.

Definitely USCIS is confused on what category you fall into, but according to your documents everything seems to be ok.

If I were you, I'd probably try to resubmit the entire package together (I-130 and I-485) and see what happens..

Thanks Rosie74.

I agree, USCIS and me are having a huge misunderstanding.

I can`t submit I-130 and I-485 together because I-130 already pending. In that case I would have to make hubby withdraw I-130 and start over... I`m keeping that as my very last option because I`m going to kill myself if I will have to stay in 4 walls for another 4-5 month (I really need EAD)

[Rosie74 0]

True.. that might not be a good idea if the I-130 is still pending..

I bet that's where all the confusion starts from. Normally USCIS receives the 2 forms together, so they match them up and start the whole process together. In your case they received the I-485, didn't see an I-130, didn't see one approved in their system, so automatically assumed you were falling under a different category. I guess your only option is to push them to approve your husband's I-130 asap through info pass, and once that one is approved, re-submit the I-485. Don't see another way out?

[tanyaru 3]

I guess your only option is to push them to approve your husband's I-130 asap through info pass, and once that one is approved, re-submit the I-485. Don't see another way out?

Push?... wait, how does that work??? Tell me more about your thoughts

[Shakil 4]

Anything to say would be pre-mature. Infopass and go there to find out. I-130 and I-485 can be filed separately. I did it. No problems anywhere whatsoever.