possible helpful hints from our unfortunate situation

[jeffkino 0]

My wife and I filed our paperwork at the end of September .. Me,, born is USA , the wife in Japan. She has been living in the US for three years and currently is doing OPT (work) internship. So our packet we sent contained all the forms necessary, of which this website was a big help.. contained I-130 and I-485 and supporting documents and also an I-765 so she could get permission to continue working if her work VISA ran out before things were resolved..

We made two packets , one for I-130 and supporting documents with a cover letter,, and we made a packet for I-485, supporting documents and a cover letter for this also,, We packaged everything up including her medical report in one package and sent it off..

We received a letter saying the I-130 was received , payment received etc.. Then a week or more later we receive a big package. To my surprise it was all the I-485 documents, medical stuff, our check and two rejection letters , I-797C .. One stated her I-765 was rejected and said to refer to the rejection statement on the I-485,, which in short said we had to use something called a priority date and use the VISA Bulletins schedule and file when appropriate. But doing some research and talking to 3 USCIS reps/officer,, all were surprised because I stated I am a US citizen. So it seems this route is for US residents and not US citizens.. The last a USCIS officer referred me to DHS lockbox, giving me an email address ,, and said tell them your situation,, So I wrote a letter to this email address trying to explain the situation.. I got a confirmation email saying , I should get a response within 3 weeks,, I spoke to the officer and wrote the letter today , and also me and the wife decided to talk to an immigration lawyer as well today to get a professional opinion.. Of which it seems lawyers really don't want to help you if you yourself filed paperwork on your own. But we found one who would meet with us.. A couple hundred bucks for a half hour or so of advise was worth it.. During this meeting I showed him the I-130 receipt letter and the two rejection letters the main one referencing the I-485.. I showed him the "receipt numbers" on both papers ,, when he saw this he said ,, oh here is the problem I think,,, In front of the receipt number is are three letters ,, The I-130 had LIN the I-485 had MSC ,,, He said both papers should contain the same Letters,, The lawyer said when he prepares packets he has one cover letter , not a separate one for the I-130 and the I-485 and he hole punches everything and puts everything together as one.. We had two cover letters, and binded the I-130 and I-485 separately,, but we sent them in one package together to the USCIS.. The lawyer stated the people who opens these are not government workers but contracted workers and they probably take one to two minutes looking at our paperwork .. I don't know how this person opened our package and sent one to one state and the other to another, They are in the same package , wouldn't the person think ,, oh they are part of one thing and not treat them separately .. One would think that,, but they were treated separately , thus sent to different places.. The lawyer suggested we re-submit everything , even the I-130 papers , but include the letter stating it was received and the check cashed,, Bind everything together as one,, with just one cover letter and a detailed explanation why we are submitting everything again.. The wife wants the lawyer to overlook this assembled package when we are done, I have to pay up to 1000 for todays half hour session and for having the lawyer overlook the package we assemble ,, but if the wife is happy and it hopefully avoids future problems,, it will be worth it...

So to future applicants who may be filing an I-130 and an I-485 in the same packet,, you should learn from our experience and use one cover letter for both and hole bunch and bind all the papers in with one clip and not two as we did.. Don't assume the worker that receives it will use logic and say,, all this came in the same package therefore they must all be related to the same case.. Use our experience that not all the people they have processing our packets have common sense.. Now we have to start all over, but we are optimistic and keeping our chins up..

[TBoneTX 45,305]

*** Thread is moved from the AOS/Family-Based main forum to the "AOS from WS&T Visas" Case Progress subforum. ***

[EM_Vandaveer 2,408]

Only submit the I-485 and supporting documents with a copy of the NOA1 for the I-130. Do not re-submit the I-130 packet.

[jeffkino 0]

The lawyer suggested submitting the 130 again, we think it unnecessary. We made copies of everything so wouldn't be that much trouble to resubmit. I'm thinking,, would it hurt if we did include a copy of the 130 we sent , . Still deciding.

[EM_Vandaveer 2,408]

The lawyer suggested submitting the 130 again, we think it unnecessary. We made copies of everything so wouldn't be that much trouble to resubmit. I'm thinking,, would it hurt if we did include a copy of the 130 we sent , . Still deciding.

Do not re-submit the I-130, only a copy of its NOA1.

[Journeyvisa2016 6]

Hi Jeffkino

I sent my I 130 2 weeks ahead and then the I 485 and i765. The I 130 has a different 3 letter start than the i765 and i485.

My i130 approved and was at Tsc and my other two are at Lee summit Mo NBC office.

So far dis my biometrics.

Not sure what your lawyer told you about different letters. Different offices receive our forms and they are Treated separately.

While I had a RFE on my i130 I was doing biometrics for my I 765 andi485.

Either way I wish you all the best