I 485 rejection notice-Invalid Part 2

[anchau 0]

Hello Everybody,

I am a US Citizen. My husband is a F1-student visa. We filed form I485 and got back a Notice of Action-Rejection Notice. It said the reason our form was rejected is "Invalid Part2 Application Type Other Basis of Eligibility".

We checked box "h: Other basis of eligibility" with an explaination :"Spouse of U.S.Citizen". Did we check the wrong box? Should we check box "a" instead? Since we filed form I-130 concurrent with form I-485, it does not sound right for us to check box "a" which states "An immigrant petition giving me an available visa number that has been approved".

Would someone please help us with this matter.

Besides, my husband has to maintain his F1-visa tatus until when?

PS: Our I-130 was received and cash

Thank you very much for your advice

[Beantownbabe 1]

Hello Everybody,

I am a US Citizen. My husband is a F1-student visa. We filed form I485 and got back a Notice of Action-Rejection Notice. It said the reason our form was rejected is "Invalid Part2 Application Type Other Basis of Eligibility".

We checked box "h: Other basis of eligibility" with an explaination :"Spouse of U.S.Citizen". Did we check the wrong box? Should we check box "a" instead? Since we filed form I-130 concurrent with form I-485, it does not sound right for us to check box "a" which states "An immigrant petition giving me an available visa number that has been approved".

Would someone please help us with this matter.

Besides, my husband has to maintain his F1-visa tatus until when?

PS: Our I-130 was received and cash

Thank you very much for your advice

You should have checked (a). The I-130 that you filled out would give you a priority visa number so to speak since you are an immediate relative to a USC. That's why you file concurrently if you are already in the U.S. I have to run since my toddler needs me, but I hope that explains a little...

[Anh map 2,098]

With the I-130 filed concurrently that would qualify for an "a" answer.

You would attach a copy of the 130 to the 485 as proof of the petition(I-130) being filed.

[anchau 0]

Thank you all for your advice. I checked box a and sent in the form. My check was cashed 1 week later. I guess everything is okay now. Again, thank you