explanation if you can

[flustered 14]

My husband filed an I-130 for my daughter along with 485 and 765.My daughter is Canadian and has been here in the US for the past 3 years..she just turned 18. We got denied on the 485 because they sent us an RFE on the affidavit of support wanting last years tax return and in error we missed sending the Schedule C..I have now sent the 290 form along with $585 to have them reopen their decision and I now supplied the missing Schedule C along with an explanation of why it was not provided..

I get a letter today saying that the i-130 has been approved and that we should file the 485 and 765..Do they not know that we have already done that..Everything was sent together back in April?? They also say in the letter to attach a copy of this approval notice to the 485...When they look at my 290 form to have the decision reopened on the 485 will they not know the I-130 was approved??

Also I thought because my daughter is an immediate family number that she would get a visa right away while the rest was pending?? There is no mention of the visa?? They only said that if she applied outside the US it would be sent to the NVC which she did not they were well aware she was already here..

I am so confused I am about ready to tear my hair out...

Any help would be greatly appreciated

[Deputy Purple 1,294]

She will never receive a Visa if filing from within the US. A Visa is only an "Entry Permit" so to speak. It doesn't authorize her to stay in the US only to enter.

Once they have her I-485 has pending her status is Pending and the NOA-1 for the I-485 serves to allow her continued presence in the US while the I-485 is being ajudicated.

Edited July 6, 2010 by Bob 4 Anna

[flustered 14]

She will never receive a Visa if filing from within the US. A Visa is only an "Entry Permit" so to speak. It doesn't authorize her to stay in the US only to enter.

Once they have her I-485 has pending her status is Pending and the NOA-1 for the I-485 serves to allow her continued presence in the US while the I-485 is being ajudicated.

They do have her 485 but it got denied so we sent a MTR..they have cashed the check and we got a reciept notice..I am just wondering if who ever has her 485 applciation now will know that the i-130 was approved??