I-485 Rejection

[s1kx 0]

Last week I filed the forms I-130 (spouse-based petition for an alien relative), I-485 (adjustment of status), I-765 (employment authorization) concurrently to the Chicago office. Since the package was rather big, I sent it to the physical address that has FBAS in the second line.

The process to compile all of the forms and supporting documentation took many months and I thought after making cover letters for every form and the package and reading over the forms countless times, I would be okay.

But only 4 days after they received my package, they sent it back to me in the mail with a I-797C rejection notice stating the following:

This is in reference to the I-485, Application to Register Permanent Status or Adjust Status, you submitted. .....

The application/petition has not been fully completed. One or more of the following field(s) were not completed:

- Application Type

Please be sure to complete the application fully, submit the appropriate fees, and include all required supporting documentation.

However I do NOT understand the reason for the rejection, since I have filled the forms correctly. I have marked option (a) under "Part 2. Application Type", which is what the USCIS website says to check and what everyone here says to check if you are filing together with I-130.

I called the USCIS customer service today, and the person I spoke to had no idea either why my application got rejected. He said option (a) is definitely correct when filing with I-130. Then he went on to ask me a couple of things that were filled out on the I-130 and then said the problem might be that I have filled out an abroad consulate under field 22. I kind of doubt that though, because then the rejection notice would have been tacked on to the I-130, no?

I have sent a mail to the lockbox support too, but apparently that takes around 2 weeks for them to get back to me, and I don't have high hopes for it because according to the guy on the USCIS service number they don't have any information stored under my case number.

If anyone could help me, I would really really appreciate it:

1. Should I assume it was a mistake on their behalf, correct field 22 on I-130 and just re-submit it?
2. On the G-325A attached to the I-485, I have marked "This form is submitted in connection with an application for: [x] Status as Permanent Resident", should I have ticked "[ ] Other (Specify):" instead and write I-485 next to it?
3. Do I need to mark on the I-485 now that I have previously applied for permanent resident status since this submission got rejected?
4. Is it worth it to get an immigration lawyer in this case? I understand the forms and the submission process and would rather not spend unnecessary money, but I don't really know how to deal with this since no one is giving me any clarification.

Thanks!

[aleful 1,905]

hi

you sent it to the wrong address, it always goes to the lockbox on the instructions of the i485 that correspond to your state

then they take the packet from the lockbox and start distributing the forms to different service centers

Edited March 23, 2016 by aleful

[s1kx 0]

hi

you sent it to the wrong address, it always goes to the lockbox on the instructions of the i485 that correspond to your state

then they take the packet from the lockbox and start distributing the forms to different service centers

The current Direct Filing Addresses page at https://www.uscis.gov/i-485-addresses states:

If you are filing because:

1. .... or you are filing Form I-485 together with Form I-130

Then file your Form I-485 at::

For Express mail and courier deliveries:

USCIS

Attn: FBAS

131 South Dearborn - 3rd Floor

Chicago, IL 60603-5517

This is the address that I filed it at and I sent it via USPS Express Mail. Should be correct no?

[Pitaya 2,577]

~Moved from Fam.-based AOS to WST-based AOS Forum~

[s1kx 0]

~Moved from Fam.-based AOS to WST-based AOS Forum~

Not that it really matters, but my immigration is family based...

[KayDeeCee 4,896]

Not that it really matters, but my immigration is family based...

Family based, yes, BUT what visa are you adjusting from? If you are filing an I-130 for an immediate relative, sounds like you are not adjusting from a family based visa, but a student, work or tourist one.

The I-130 requires two G-325As, and the I-485 requires one. The two for the I-130, one from the USC and one from the intending immigrant, would be marked 'Other' and specify I-130. The one for the I-485 from the intending immigrant would be marked 'Status as Permanent Resident'.

And no, you do not need to mark that you applied before, as your application was rejected.

As for line 22, you would list the current city and state in the US where you are residing in the first 2 lines on the left, and leave the other 2 blank on the right as the intending immigrant in in the US already and applying for AOS.

Edited March 24, 2016 by KayDeeCee

[s1kx 0]

Thanks KayDeeCee, I have changed line 22 and polished the application a little bit further again and I will just try to submit it again. Fingers crossed!

[EM_Vandaveer 2,417]

USPS is NOT express mail or courier. That refers to the company type (like UPS or FedEx for example, not the speed.

For U.S. Postal Service (USPS) deliveries:

USCIS

PO Box 805887

Chicago, IL 60680-4120

No matter the speed if you send it through USPS, use that address.

[royalty 2]

EXPRESS MAIL OR COURIER DELIVERY MEANS FOR EXAMPLE FED EX, DHL, and all others. ALL family based AOS package mailed with usps should be sent to the chicago lockbox address. USPS is not classified as a courier service or express mail no matter the speed.

[s1kx 0]

Thanks for all the replies!

I have sent the package again via Priority Mail to the lockbox address yesterday.

The lockbox email support actually got back at me today, admitting it was rejected in error with apologies. Apology accepted! Stupid that I spent $45 for express mail the first time, but what does it even matter in relation to the processing fees I had to pay.

If anyone else runs into issues like this, send an email to the lockbox support email address that you can find on the green paper that you get on top of the forms when you get your package returned. It can just take a little bit to get a response, it took 11 days for me, but they were definitely more helpful than the USCIS phone support.

Thread can be closed now since the issue is resolved.