received I-130 Rejectection notice

[Shami 0]

I sent I-130 and I-485 along with I-765, G-325, I-864, and I-693 to the service center in Chicago. They rejected the I-130. Their reason was as follows: This BCIS location can only process I-130 applications that are submitted with Form I-485 when a visa number is immediately available for the beneficiary's immigration category. Please file your Form I-130 at the BCIS Service Center with jurisdiction over your place of residence.

What is the visa number they are referring to? I have an H1B visa and have been working in USA for 6 years.

If Chicago is not our mailing place, where is it? We live in Fairborn, OHIO.

The way we thought to mail it was I-130 in one envelope and all the rest of the forms in a different envelope, yet all sent to Chicago.

Do you think that sending it in separate envelopes was incorrect and they think we did not file the I-485?

Thank you!

[noviademexicano 0]

I think that's exactly what they are saying. I guess since they received the I-130 in a seperate envelope, they did not see the I-485 and that is the reason they sent the I-130 back to you to file to the service center.

Your service center is:

USCIS Nebraska Service Center

P.O. Box 82521

Lincoln, NE 68501-2521

[noviademexicano 0]

I went to go check the uscis.gov website and this is what I found:

"NOTICE TO ALL CUSTOMERS WITH A PENDING I-130 PETITION

Washington, D.C.– USCIS is now processing Form I-130, Petition for Alien Relative, as a visa number becomes available. Filing and approval of an I-130 relative petition is only the first step in helping a relative immigrate to the United States. Eligible family members must wait until there is a visa number available before they can apply for an immigrant visa or adjustment of status to a lawful permanent resident. This process will allow USCIS to concentrate resources first on cases where visas are actually available. This process should not delay the ability of one's relative to apply for an immigrant visa or adjustment of status. Refer to www.state.gov/travel to determine current visa availability dates.

• If you filed an I-130 petition that is currently pending with USCIS, please be advised that USCIS will adjudicate your petition based upon visa availability which means that the estimated processing time listed on your receipt notice may no longer be accurate.

• If you are a U.S. Citizen or lawful permanent resident and plan to file a petition for a qualifying relative, you are encouraged to file as soon as you are eligible in order to establish your relatives place in line even if the petition may not be decided for some time to come. Upon filing, USCIS will send you a receipt that will establish a place in line for a visa called a “priority date”. USCIS will adjudicate your Form I-130 prior to visa availability (or within six months if a visa is immediately available upon filing).

For more information, please visit our website at www.uscis.gov or contact us at 1-800-375-5283.

- USCIS -

On March 1, 2003, U.S Citizenship and Immigration Services became one of three legacy INS components to join the U.S. Department of Homeland Security. USCIS is charged with fundamentally transforming and improving the delivery of immigration and citizenship services,

while enhancing our nation's security."

( http://www.uscis.gov/graphics/publicaffair...30_07_01_04.pdf )

[noviademexicano 0]

On the I-130 application, Pg 4, it says:

"When Will a Visa Become Available?

When a petition is approved for the husband, wife, parent or unmarried minor child of a United States citizen, these persons are classified as immediate relatives. They do not have to wait for a visa number because immediate relatives are not subject the the immigrant visa limit.

For alien relatives in preference categories, a limited number of immigrant visas are issued each year. The visas are processed in the order in which the petitions are properly filed and accepted by the USCIS. To be considered properly filed, a petition must be fully completed and signed, and the fee must be paid.

For a montly report on the dates when immigrant visas are available, call the U.S. Department of State at (202) 647-0508."

So I really don't know the answer, I would try to call the info line and if you get no info from them file to the corresponding service center (Nebraska) and see if they accept it. Hope all this info helps.

[Kez/JWolf 6]

you need to send the I-130 in the same envelope as your AOS and they all go to the Chicago LockBox....

Kezzie