Aos package return/ urgent help please!

[Ryann19 0]

Hi VJ friends!

I have submited my AOS package on july 18 and on August 5 I have received an email saying " Your case has been accepted and routed to the USCIS Vermont Service Center for processing. Within 7-10 days by standard mail you will receive your official Receipt Notice (Form I-797) with your Receipt Number EACxxxxxxxxx . With the official Receipt Notice (Form I-797) you may visit www.uscis.gov where you can check the status of your case using My Case Status. We suggest you wait until you have received your Form I-797 before checking My Case Status.

And today August 7 i received the rest of the package in my mail. they returned everything,

-my marriage certificate

- my medical exam

-the certify check of $1070

-I 485

-I131

-I765

-I864

and they send me a form I-797 C with this:

This is in reference to the I-485, Aplication to register permanent residence or adjust status. you submitted. your I-485 fees and any supporting documentation is being returned to you for the following reasons:

Based on the information you provided, your priority date could not be established. please resubmit your application with the proper documentation to the address listed on the bottom of this notice.

the following documents may be provided,

your original I-140

your original I-360

I verify and i see everything is correct, i really cant figure out what the reason why they return the package,

[Harpa Timsah 13,258]

Did you file it with a I-130? I assume so because it seems that was accepted. Did you send it together in the same envelope? Please clarify.

Edited August 8, 2014 by Harpa Timsah

[Ryann19 0]

Yes everything was in different folder but the same envelop, they keep the I-130 and the certify check of $420.

[kzielu 1,149]

Yes everything was in different folder but the same envelop, they keep the I-130 and the certify check of $420.

Which option did you check in Part 2 of I-485 ? Your spouse is a US citizen correct ? Did you submit her/his birth certificate or passport copy ?

[Ryann19 0]

I chose (b) / my wife been here for 8 yrs but she didn't have her citizenship yet, she just had the interview last week. yes I submit everything i even submit her GC copy front and back.

Edited August 8, 2014 by Ryann19

[kzielu 1,149]

I chose (b) / my wife been here for 8 yrs but she didn't have her citizenship yet, she just had the interview last week. yes I submit everything i even submit her GC copy front and back.

So why did you think you were eligible to adjust the status ? That's the reason they returned your I-485. You should be glad they did, rather than accept it, cash the check and then deny which will cost you a grand...

Edited August 8, 2014 by kzielu

[Newbie608 103]

I chose (b) / my wife been here for 8 yrs but she didn't have her citizenship yet, she just had the interview last week. yes I submit everything i even submit her GC copy front and back.

That's the reason why it was returned. You can only file concurrently if your spouse is a US citizen. Once she get her citizenship, you can send back the documents that was returned.

[Harpa Timsah 13,258]

Yep, you are not eligible to file I-485 now.

Furthermore, even if your priority date is current, B is not the right choice.

Edited August 8, 2014 by Harpa Timsah

[Ian H. 207]

It's a common misconception regarding the naturalization process. Many people don't realize that the citizenship is official when you take the oath and receive the certificate, not when you pass the interview.

Feel free to refile the application when your wife has the certificate in her hand and submit a copy of that and of the NOA1 for the I-130.

[kzielu 1,149]

That wasn't really very smart plan. Now, you're going to be put in F2A and later have to deal with upgrading category to CR-1 and having I-485 matched to I-130. Had you waited until she gets citizenship, you would file concurrently and everything will be much easier.

[Ryann19 0]

huh OK!! Thanks Alot for assistance did not know this..! the check came back with a department of homeland security seal on it, i will bring it to my bank tomorrow.