Really need advice, filed wrong form?

[belinda63 3,047]

Let's assume the I-130 was denied because of a failure to respond to the RFE since the OP has not gotten back to us with the requested information.

You need to study the guide for concurrent filing http://www.visajourney.com/content/i130guide2. After you have read it at least twice (and I mean study it like it was a pass fail/test for getting a million dollar a year job) come back with any questions you have. Since you got an RFE for the original I-130 it makes me think you need more quality time reading the guides.

You can file for the EAD (employment authorization document) at the same time you concurrent file and she should receive it within 60-90 days. You can apply for AP but since she has the overstay I would really not risk using it and would wait until she has her green card prior to leaving the US.

Please get back to us with the answer to

Has the original I-130 been denied (easily discovered by calling USCIS).

then we can assist you better as you can't file the I-485 if the original I-130 has been denied.

[acer925 0]

Did you check the RFE and see what the number of days to respond is? Most likely it is too late to return it but it would never hurt to check. Since you moved did you update your address with USCIS? Even if you did it is possible your denial letter (if there is one) was sent to the old address. I suggest you pick up the phone and call NOW to find out what the status of the case is.

When you have done that post back and let us know.

I will double check the RFE return time as soon as I get home, and yes I updated my new address before we moved and they sent a confirmation letter as well.

[acer925 0]

AP is not an EAD. I am not sure why you think two things with different names would be the same thing.

You need to follow directions on the forms. You need to send your I-485 to the intake address they tell you to. From there, they will match it up. You do not try to match it up yourself by sending your I-485 to where you think your I-130 is, because that place doesn't have the intake capability to accept the I-485.

This is a process where you need to follow instructions exactly, not make stuff up as you go along. USCIS handles hundreds of thousands of petitions each month. They don't have the capability to wander around their massive storage looking for your file.

I do suspect that you forfeited our I-130 by never responding to the RFE, but you should check.

Sorry I thought AP was a different name bc you posted in an earlier post EAD/AP. So are you saying the other posters on this thread were wrong about saying to send the 485 to the transfer notice address regarding my 130? I trust what you're saying but I just wonder why all those other people who posted earlier in this thread said to send it to the transfer notice address.

[Harpa Timsah 13,258]

Nobody said send it to the transfer notice address. Please show me where someone said that.

[acer925 0]

Let's assume the I-130 was denied because of a failure to respond to the RFE since the OP has not gotten back to us with the requested information.

You need to study the guide for concurrent filing http://www.visajourney.com/content/i130guide2. After you have read it at least twice (and I mean study it like it was a pass fail/test for getting a million dollar a year job) come back with any questions you have. Since you got an RFE for the original I-130 it makes me think you need more quality time reading the guides.

You can file for the EAD (employment authorization document) at the same time you concurrent file and she should receive it within 60-90 days. You can apply for AP but since she has the overstay I would really not risk using it and would wait until she has her green card prior to leaving the US.

Please get back to us with the answer to

Has the original I-130 been denied (easily discovered by calling USCIS).

then we can assist you better as you can't file the I-485 if the original I-130 has been denied.

I will definitely read that link twice and find out about my 130 today, thanks for your info. I at least have a little comfort knowing she can still apply for an EAD.

[acer925 0]

Nobody said send it to the transfer notice address. Please show me where someone said that.

Harpa, it's on the second page and it's the second response, the persons handle is "Darnell". They also said the same thing on page 1 third post from the bottom. They also said to include a cover letter explaining the situation so they can "merge them up". Edited May 2, 2014 by acer925

[Harpa Timsah 13,258]

Harpa, it's on the second page and it's the second response, the persons handle is "Darnell". They also said the same thing on page 1 third post from the bottom. They also said to include a cover letter explaining the situation so they can "merge them up".

Okay, I see he said that.

He is wrong on that.

You need to send the I-485 to the place listed on the instructions. Include a copy of the NOA1 from the I-130, and USCIS will match them up. You don't try to second guess them.

But, before we get there, you need to figure out if your I-130 is still active or if it was denied for failure to respond to RFE.

[Super King 26]

Seeing he posted about RFE on 16th feb, it has been 75 days ( 12 days of feb, 31 days of March, 30 days of april and 2 days) + 5 days ( time to reach RFE to Op in mail) so in total it would be 80 days, as in general one has 87 days to respond so he is cutting on edge. OP you need to forget about I-485 at this moment and send RFE response for I-130 to address that has been written on notice by overnight courier. Once you do that, you should work on I-485 and other forms.

Edited May 2, 2014 by Super King

[belinda63 3,047]

Hence my advise to check the time given for the RFE. If the deadline is meetable he needs to deal with that ASAP. If the deadline has passed then we are talking starting over.

[acer925 0]

The RFE says nothing about a return by date, I'm calling them now to see.

[acer925 0]

They couldn't recognize my receipt number, she said something about it being past 6 months but I'm waiting for an officer to call me back. The 797 receipt date is June 27, 2013 and the notice date is December 30,2013.

[Merrytooth 5,748]

Your RFE notice date is December 30, 2013, (4 months ago) ?

Does your RFE notice look something like this?

Edited May 2, 2014 by Merrytooth

[acer925 0]

That's what my 797 receipt for I130 looks like, I attached 1 of the 2 RFE papers that came together. It wouldn't let me attach the white paper it keeps saying too large a file no matter what I do but it has a date of 1/25/14 on top and a also my receipt number along with all the info they need back, but no deadline date specified.

[acer925 0]

I just got off the phone with the officer and he was able to pull my info up no problem, so not sure why the other lady couldn't. He said my 130 is still pending and also said I could send the 485 to have them coincide. I mentioned how long she's been here and how long we've been married and he said no problem.

[Merrytooth 5,748]

If your RFE date is really 1/25/2014 and you have not sent in the RFE yet as of today, you are most likely to miss the deadline

(5/2/2014 minus 1/25/2014 = 97 days).