i485 will be rejected because not filed concurrently with i130?

[Blaine74 0]

Does this make sense to you?

My wife who is a US Citizen (thanks to me) wants to get a permanent residence for her mother. I admit I was a tad busy and I filed the i-130 without the i485. I filed the i485 a week later when it turned out that the immigration process would go beyond her visa period. I was told that this would allow her to remain and continue her i130 process.

I called the USCIS today and asked what the status was and some officer got on and told me that although they see the i130 pending....they will reject the i485 because I did not file it at the same time as the i130. Is that correct? On the i485 it allows for process AFTER the i130 was filed and even is directed to a lockbox versus the standard processing centers. Or am I mistaken?

they said I would have to resubmit the I-485 AFTER the the Green Card is approved

help!

Edited February 26, 2014 by Blaine74

[Terry J 50]

I believe they were very mistaken to tell you that especially if you spoke to a front-line agent...

Such a stupid answer they told you that you need to submit the I-485 after you get the green card when in fact you need to submit the I-485 in order to get the green card!

You can submit the I-485 after you have already sent in the I-130...people do this all the time.

I'm guessing you didn't include a copy of the NOA receipt of the I-130 with the I-485 because they were only sent a week apart?

[Hypnos 6,576]

Did you speak to tier 1 or tier 2?

Anyway, what they told you is complete nonsense. For immediate relatives of a US citizen a visa number is always available, so you can file the I-130 and I-485 separately if you wish (although most people file them together).

When you submitted the I-485, provided you also submitted a copy of the NOA for the I-130 then you're fine; if you failed to submit a copy of the NOA for the I-130 with the I-485 then the I-485 will be rejected and returned to you.

Edited February 26, 2014 by Hypnos

[Blaine74 0]

I spoke to a tier 2 "officer"

she was very adamant that it would be rejected because I did not file it "at the same time as the i130."

I did not include the NOA letter, but I did include the number on the i485 form. I wasn't aware that it had to be included in the packet. *sigh* so maybe it will be denied.

I was hoping that my applicant would not have to return back to their country while the i130 is being processed.

[Blaine74 0]

so what happens if her AOS gets rejected? Her stay on the Visa Waiver Program is up soon. Does she go back to Korea? Or does she stay hidden as an illegal alien?

[Darnell 8,478]

ok - so now that you have the receipt notice on the I-130,

send in a new I-485 set this week, include a copy of the receipt notice from the I-130.

[Blaine74 0]

her visa (or rather her 90 day stay under the visa waiver program expires this week)

does she have to go back?

ok - so now that you have the receipt notice on the I-130,

send in a new I-485 set this week, include a copy of the receipt notice from the I-130.

[Hypnos 6,576]

No, just re-file the I-485 once the existing one is rejected (which is very likely).

Edited February 26, 2014 by Hypnos

[Blaine74 0]

got an email (used the i-1145) saying that the i-485 and fee was received and that the NOA would be mailed out in 7 days. Now I don't know if they means that they will or will not reject it but my applicant should be ok now right?

[Hypnos 6,576]

It sounds like they may have accepted it.

It's possibly they looked up the pending I-130 (matched from the name) and tied them together, although that's showing an excessive amount of initiative for USCIS. Wait to see what the NOA says.

[Harpa Timsah 13,258]

got an email (used the i-1145) saying that the i-485 and fee was received and that the NOA would be mailed out in 7 days. Now I don't know if they means that they will or will not reject it but my applicant should be ok now right?

They took your money so you should be good. Make sure they cashed the check, if yes, then they accepted it. Wait and see what your postal mail says.

Edited February 28, 2014 by Harpa Timsah

[Darnell 8,478]

I spoke to a tier 2 "officer"

she was very adamant that it would be rejected because I did not file it "at the same time as the i130."

I did not include the NOA letter, but I did include the number on the i485 form. I wasn't aware that it had to be included in the packet. *sigh* so maybe it will be denied.

I was hoping that my applicant would not have to return back to their country while the i130 is being processed.

USCIS is great, right?

They'll make an electronic notice about the shipment,

take your money included in the shipment ,

send you a piece of postal mail about the shipment

then lure you into thinking all is well.

Without the I-130 receipt notice inside of that 2nd packet,

sending the 2nd packet was useless.

Is ok, you'll see that, in a bit.

[Blaine74 0]

money was taken out....if they rejected it...they wouldn't have taken the money right?

[Harpa Timsah 13,258]

money was taken out....if they rejected it...they wouldn't have taken the money right?

My vote is yes. I saw one case where they took the money for I-485 without the underlying petition and messed it all up, but that is rare and I think because of that USCIS changed their intake methods. I wouldn't count on you being that rare exception.

So, it's a good sign. Wait for the letter.

[Darnell 8,478]

money was taken out....if they rejected it...they wouldn't have taken the money right?

Hard to say, as stand-alone I-485s come in all the time,

and the folk that move the money are not the folk that do first-blush review/intake for completeness.

Your I-485 probably looked complete, but without any linkage on the I-130, visibly in the I-485 set that you submitted, any and all bets are off for it being tied in with the I-130 for an adjustment of status case.

The casefile will sit in a queue until an adjudicator reviews it - who knows the wait time on this?

Here's a thought, however malformed -

IF you get a receipt letter on the I-485, send off a copy of the I-130 receipt notice to the address in the I-485 receipt letter with a cover letter clearly stating that you are seeking to adjust status and want the have the I-130 joined up with the I-485.

Then, report back, when you have had the two sets of docs successfully joined up.