Help!!! My i485/765 application rejected (I-130 still pending)

[sung2408 2]

Hello All,

My husband who is a US Citizen filed for I-130 in May 2015. We later filed for I-485/I-765 in June and included the receipt notice I-797C for I-130 with the application.

It was subsequently rejected on the basis that we have to wait for the priority date to be current. Since this felt like an error or was confusing, we called USCIS and spoke to Tier 2 officers (three times) and they mentioned that the reason it was rejected was because the I-130 is not yet approved.

I thought I could file for I-485 based on a pending I-130. I really need your advice as we are in a limbo here. I am so confused.

Edited July 15, 2015 by sung2408

[Transborderwife 4,666]

You should have filed everything concurrently. You filed the I-130 without the rest so you're now stuck until the I-130 is approved. Why didn't you file everything together? What were you adjusting from?

[sung2408 2]

I am adjusting from F1 student visa status. We did not file everythign together because we were waiting on the medical. I really do regret it now. We had sort advice from an immigration lawyer and it was expressly mentioned to us that we could file it as long as we included a copy of the receipt notice for I-130.

Now I am confused as i have a job offer. I feel so helpless

adju

[NikLR 13,232]

You should have been able to file them afterwards. Did you include a copy of the NOA1?

[Darnell 8,479]

something smells, if petitioner is uscitizen.

[sung2408 2]

Hello,

Yes I included a copy of the I-130 Receipt Notice (NOA1) but it still got rejected. After speaking to Tier 2 officers they mentioned expressively that it has to be an approved I-130 notice.

I even just got off the phone with a Tier 1 who was confused and didnt think it should be rejected. I spoke to immigration attorney too and they said it is acceptable to file with the NOA1 for I-130 since i did not file it concurrently..

any people gone through any of this issues and how it was resolved

[apple21 953]

With the mention of a priority date, USCIS thinks the petitioner is a green card holder.

Did your husband include proof of US citizenship with the i130?

[sung2408 2]

Hello,

Yes we sent all the documents for the I-130 and it included his US passport, birth ceritificates too.

[Darnell 8,479]

you have written denial notice? can paste all here, redacted?

[sung2408 2]

The written rejection notice says we have rejected and returned all your documents back to you on the basis of the following:

• The priority date for this application is not current.

you have to wait for the application to be current then you can resubmit the application.

[apple21 953]

On your NOA1 (i797c), what's the Preference Classification indicated?

[Darnell 8,479]

ok - this is easy then...

the first level review crew at the lockbox got it wrong.

[sung2408 2]

The preference classification on the NOA1 for I-130 says Unknown Classification. Should it be saying something else?

In addition to this, we also recieved RFE for I-130 for G325A biographic information. It says, my husband filed form i-130, petition for alien relative on behalf for me on may 2015. We are seeking to classify the beneficary as a spouse of a US citizen. Additional evidence is required to establish a qualifying family relationship.

Submit form G-325A

We had originally sent this so i am not sure why it is asked again. Nonetheless, we sent them again the next day

[apple21 953]

They couldn't classify you hence the RFE.

[sung2408 2]

yes I am not worried about th RFE, i am just worried as to why we got 485 rejected.