I-797C NOA - Rejection of I-485/I-765

[trukngrl 0]

Hello All,

I appreciate any help that can be offered.

My husband entered on a VWP, with ZERO intention of getting married, we have now filed the paper work for him to AOS(I485/I765) due to marriage. It was Submitted to Chicago/MSC and received on the 10th of this month. Concurrently we sent the I-130 to Arizona - that packet was accepted and is processing.

However today we received back the I-485/I-765 advising of a I-797C NOA Rejection due to:

The check amount is incorrect, or has not been provided. Please review the Form Instructions for fee information. Please resubmit the application/petition package with the appropriate fees to the address listed at the bottom of this page.

This form was attached to both separate portions- although mailed as one and received back as one, for each section of the I-485/765 filed. The checks enclosed were for the amounts of $1070 (485+bio)and separately $380 (765). What is the reason for rejection? The only assumption I can make based on perusing other threads is that the I-765 should possibly be included in the I-485 fee of $1070, therefore they returned it due to overpayment of the $380? Is this correct? Any direction or experience is helpful, otherwise I will try to navigate the phone system through Customs.

See Attached for the cover letter.

Thanks for reading this

5/21/2012 - Meet in Cayman Islands

6/20/2012 - Start dating

10/21/2013 - Karl-the husband, enters US on VWP

12/14/2013 - Marriage

1/8/2014 - submittal of I-485 & I-765 to Chicago, and I-130 to Arizona

1/14/2014 - I797C - rejection letter due to check/fee error

cover i485.pdf

[kzielu 1,153]

Concurrent means I-130 goes together with I-485 in one package. Did you happen o read I-485 instructions ? They sent it back probably because I-765 filed with I-485 is free.

[lkerky 25]

You are correct. The total payment should be $1070. The I-765 is included in the I-485 when filing together.

[kzielu 1,153]

Sorry, double post.

Edited January 20, 2014 by kzielu

[jerni 24]

Where in Arizona did you send the I-130?

As mentioned you should have done a concurrent filing sending all documents to the Chicago Lockbox address. The total filing fee for a concurrent application is $1070 for the I-485 (as mentioned the I-765/I-131 is free when filed with the I-485) and $420 for the I-130 for a total of $1490.

The process you need to follow is available as a guide at http://www.visajourney.com/content/i130guide2

Edited January 20, 2014 by jerni

[jerni 24]

So it would appear they returned your I-485 because of the overpayment. Have you gotten a notice of action receipt notice for the I-130? If so you should include a copy of that with the I-485 package so USCIS can match up the two separate filings. I'm not sure if doing it the way you have will slow down the process at all.

[trukngrl 0]

After posting and going back through and re-reading all the items I thought I read 100 times - apparently it should have been 101. When I went through the link of the guides to filing the I-130 and I-485/765, I noted they were two separate groupings that did not relate to each other. I then filed each one separately and based on the state we live in, Washington, I sent off the I-130 to the Arizona address as directed on the USCIS website. I did not pay adequate attention to realize it would all go together in one if filing the I-485/765 as well. I re-sent the packet today back to Chicago with only the one check for the $1070. Due to sending them off the same time, on Jan 8th, I received email and text notification but not the hard copy receipt for the I-130 so I did not have a copy I could have enclosed in the resubmittal. I am not sure what problems I have now created by separating the process, I am sure I just compounded an already muddy situation. *sigh* I learned my lesson. I will probably try to give a call this week since the rejection letter did create a WAC re-number associated with the I-485 paperwork that maybe I can call and figure out the next best step to mitigate the problem I created. What a mess. Thank you all for your responses and helping me to see the light - that I should have turned on earlier!!! grrrrrr

[kzielu 1,153]

Well, the next step may be you'll get your I-485 rejected (after they take your 1070$) since there is no approved I-130 petition - you need to somehow try to have both joined together for concurrent filing. No idea how though...

[jerni 24]

Maybe you could call USCIS and get through to a Tier 2 officer (from what I read they are the only helpful ones), you could ask them to document the receipt number you got by email for the I-130. When you resubmitted the I-485 did you include a letter explaining that you had submitted the I-130 to Arizona or mention the receipt number you got in the email?

[Darnell 8,479]

some triage (stuff you prolly already sussed out)

1. the I-130 and the I-485 were to go together to the same address (and I'm not so sure it's to phoenix).

2. got an I-130 receipt notice? form I-797 or I-797C? send the I-485 set and a copy of the receipt notice to the address in the i-130 receipt notice . USCIS will forward all (the I-130 + the I-485) to the right adjudication service center.

3. no fees for EAD or AP forms - the fees are waived when filing the I-485.

4. no receipt yet on the I-130? wait, not send out the I-485 again. get the receipt notice on the I-130 thingie, then send off the I-485 set to the address in the receipt notice, with a cover letter stating you are adjusting status.

Go Get Em, and Good Luck !

[trukngrl 0]

Thanks for all the help through and through on this forum. Glad I found this place to help me along.

Maybe you could call USCIS and get through to a Tier 2 officer (from what I read they are the only helpful ones), you could ask them to document the receipt number you got by email for the I-130. When you resubmitted the I-485 did you include a letter explaining that you had submitted the I-130 to Arizona or mention the receipt number you got in the email?

Thinking I will have to give them a call and see what sort of interferrence I can run to mitigate the issues I have created. I resubmitted my I-485 documenting my acceptance email - even though it holds no paper proof, and hope that will help them to see that I have made the error. Sounds like I may end up getting the I-485 rejected based on the lack of I-130.

Darnell - Thanks for the direction for triage.

1. the I-130 and the I-485 were to go together to the same address (and I'm not so sure it's to phoenix) - correct the I-130 was to go to Pheonix - only if not being submitted w/an I-485, when submitted together they are to both go to Chicago (face palm!!)

2. got an I-130 receipt notice? email only form I-797 or I-797C? today the I-797C arrived by snail mail, send the I-485 set and a copy of the receipt notice to the address in the i-130 receipt notice- already returned the I-485 for resubmittal before reciept of the paper I-797C on the I-130 . USCIS will forward all (the I-130 + the I-485) to the right adjudication service center. ---- That is what I need to call and see if I may need to assist in facilitating or anything I can do to join the forces together.

3. no fees for EAD or AP forms - the fees are waived when filing the I-485. - got it

4. no receipt yet on the I-130? wait, not send out the I-485 again. get the receipt notice on the I-130 thingie, then send off the I-485 set to the address in the receipt notice, with a cover letter stating you are adjusting status.

Stand by for phone conversation!!

[March.S 0]

Hi Everyone,

Please help me I received a letter today from USCIS chicago and got an I- 797c rejection notice for my I-485, I-131 and I-765 all rejected. they send back the entire package together with the money order. my son (8 yrs. Old) and I file for AOS. after a month they send back our package and this is the letter says.

One or more of the application/ petition in the package you submitted were unacceptable for the reason specified on the related notice of action (form I-797). please correct the application/petition , and resubmit the package with the appropriate fees and any supporting documentation to the address listed on this page.

1. Please be sure to complete the application fully.

I acctually could not find any mistake from my application.. aside from 1 digit wrong number for birth date and my son's signature which is i belive he doesnt need to sign but what I did is I signed for the interpreter section because my son's doesn't fully understand the English. then everything was answered correctly but it seems there is something missing that i could not find.

2. Submit the appropriate fees.

I filed the I-485 together with the EAD and AP and I also send the Money Order addressed to them. its a 3 Money Order because the Max amount they can issue is 1000. the fees if for my I 485+bio and for my son's I-485 without the Bio because I read in the instruction, if I understand correctly that the child below 14 no need to pay for Bio. ( I believe that the EAD and AP are no need to pay if you filed it together with your I-485)

3. include all the supporting documentation.

we completed all the supporting documents aside from one thing which is the tax return for 2013 due to the bank error . but there is no I 797 for the I-864.

* I just notice in every first page of the paper there is a long numbers (maybe code for being touched) and every first page they cross it out with their initial.

*take note that they send back also my EAD and AP and also AP for my son.. Rejected too with I-797c rejection notice and the message is same as message at my I-485.

when i file the I-485 i did not include the I-130 because we already did that since we are applying for visa last year and the I 129f is approved and also the I-130 Approved so I sended the NOA instead but not other paper works for I-130 only the NOA approval notice.

*the A# that supposed to be on our I 797 approval notice for I 130 wasn't there. so we still dont have the A#.

Please I really need your help it's confusing..

Note: I would like to take this opportunity to thank everyone and also visajourney because this is very helpfull guide I used while were starting for filling K3-K4 and what to do and don't. so thanks everyone and thanks in advance for this new adventure of mine.

March

[kzielu 1,153]

So what are you adjusting from ? Did you include approval notice for petition (either I-130 or I-129F) ?

[March.S 0]

thanks for your reply..

i am adjusting from K3 and yes I did include the I-129f and I-130 approval of my son and I.