I-130 approved but I-485 still pending

[rara66 0]

My husband is from Scotland and I'm a USC. We spontaneously got married while he was visiting on VWP in early April and then filed for AOS late April, right before his VWP expired. Everything went fine, USCIS received the application before the VWP expired, no RFEs, he got approved for work permit, etc. We had our interview at the NYC Federal Center on August 15th. Our IO was very unfriendly and hard to read but only asked basic questions (parent's names, who proposed to who, where we both work). We stumbled a little bit purely because she made us so nervous!

At the interview the first thing she asked to see his original birth certificate which we didn't have (his parents had mailed it from Scotland but it got delivered to the wrong place and it didn't get delivered to us until 2 days after our interview!! Very frustrating!). At the end of the interview she handed us a white sheet of paper stating that we had our interview, that it's under review and to wait 60 days before contacting USCIS if we don't hear anything. She had checked off the option on the sheet (there were 2 other options including an RFE option) that they do not need anything else from us and will let us know if they do. But! she said that she couldn't approve anything until she saw his original birth certificate but didn't give us an RFE. I asked what we can do when we get it and she said nothing. So... after about 2 weeks of not hearing anything and having the birth cert in hand, we called the info line to see what we can do, they told us to make an infopass appointment to bring it in.

On Sept 7, (the morning of the infopass appointment) we got an email stating that the I-130 had been approved but still no update on the I-485. My husband then went to the infopass and had a much more helpful IO who was not happy that she didn't accept a copy of a UK citizen's birth cert. and that she had wasted everyone's time. The new IO, who was also confused as to why our I-130 had been approved but not the I-485 said both applications need the same evidence. Anyways, he tracker her down and brought her the birth cert which she then made a copy of (so now she officially has 3 copies of the birth cert!). As the new IO was saying to my husband that he should get his green card within 2 weeks, the original IO appeared over his shoulder and said that she might still need more info and she hasn't looked over our file yet. Now I'm worried that she won't approve it soon because she's mad that we went around her.

So, after that long long story my main question is about the I-130 getting approved but not the I-485? Has anyone else had this problem? My biggest worry is that she could still deny the I-485 because he was on a VWP when we got married and applied. We were hoping to move to CA in October but we don't want to leave until this is figured out. It's just frustrating after knowing several other couples who all had very nice and friendly IOs and got approved right away.

[misswiss 6]

My husband is from Scotland and I'm a USC. We spontaneously got married while he was visiting on VWP in early April and then filed for AOS late April, right before his VWP expired. Everything went fine, USCIS received the application before the VWP expired, no RFEs, he got approved for work permit, etc. We had our interview at the NYC Federal Center on August 15th. Our IO was very unfriendly and hard to read but only asked basic questions (parent's names, who proposed to who, where we both work). We stumbled a little bit purely because she made us so nervous!

At the interview the first thing she asked to see his original birth certificate which we didn't have (his parents had mailed it from Scotland but it got delivered to the wrong place and it didn't get delivered to us until 2 days after our interview!! Very frustrating!). At the end of the interview she handed us a white sheet of paper stating that we had our interview, that it's under review and to wait 60 days before contacting USCIS if we don't hear anything. She had checked off the option on the sheet (there were 2 other options including an RFE option) that they do not need anything else from us and will let us know if they do. But! she said that she couldn't approve anything until she saw his original birth certificate but didn't give us an RFE. I asked what we can do when we get it and she said nothing. So... after about 2 weeks of not hearing anything and having the birth cert in hand, we called the info line to see what we can do, they told us to make an infopass appointment to bring it in.

On Sept 7, (the morning of the infopass appointment) we got an email stating that the I-130 had been approved but still no update on the I-485. My husband then went to the infopass and had a much more helpful IO who was not happy that she didn't accept a copy of a UK citizen's birth cert. and that she had wasted everyone's time. The new IO, who was also confused as to why our I-130 had been approved but not the I-485 said both applications need the same evidence. Anyways, he tracker her down and brought her the birth cert which she then made a copy of (so now she officially has 3 copies of the birth cert!). As the new IO was saying to my husband that he should get his green card within 2 weeks, the original IO appeared over his shoulder and said that she might still need more info and she hasn't looked over our file yet. Now I'm worried that she won't approve it soon because she's mad that we went around her.

So, after that long long story my main question is about the I-130 getting approved but not the I-485? Has anyone else had this problem? My biggest worry is that she could still deny the I-485 because he was on a VWP when we got married and applied. We were hoping to move to CA in October but we don't want to leave until this is figured out. It's just frustrating after knowing several other couples who all had very nice and friendly IOs and got approved right away.

I don't think she can deny if there is no apparent reason to deny. Especially it has been reviewed by someone else that approved it. I don't think it depends on her mood because that would really be messed up.