Step-sons I-130 Rejected

[DeesGirl 13]

Evening folks!

So I filed my husbands paperwork (I-130, I-485 and I-765) got the NOA today in the mail.

Unfortunately, my step-sons I-130 was rejected and they indicate that I must also send in the I-485.

I was under the impression that this was something I could do after the child immigrates here...he's still in Jamaica...any guidance would be greatly appreciated. I even asked on this forum and was told I only needed an I-130 for the child in JA at this time.

So I guess now I must mail back the I-130 ($420) and include the I-485 ($635) and I-824 ($403) for my step son?

[Harpa Timsah 13,258]

Did you put that he was a derivative or something in the options? It is odd that they would think that he is here. You can't file I-485 for him since he is not here.

[DeesGirl 13]

Did you put that he was a derivative or something in the options? It is odd that they would think that he is here. You can't file I-485 for him since he is not here.

Nope!

I am looking at a copy of his I-130 now.

At the top where it asks "I am filing this petition for my..." I checked off "child"

Question 13 asks

Has your relative ever been in the US?

I selected NO

[aleful 1,905]

hi

it's correct, but you must have filled out the form incorrectly

immigration thinks he's in the country, which he's not

you only have to send the i130 for filing for stepson abroad

[DeesGirl 13]

So I'm looking at the I-485 instructions and it appears I can file for him even though he is in Jamaica...but the questions on the I-485 speak to someone who has already immigrated here...it just doesn't make sense to me

1. Based on being the spouse or child (derivative) - at the time another adjustment applicant (principal) files to adjust status or at the time a person is granted permanent resident status in an immigrant category that allows derivative status for spouses and children

   1. If the spouse or child is in the United States, the individual derivatives may file their Form I-485 with Form I-485 for the principal applicant, or file Form I-485 at anytime after the principal's Form I-485 application is approved, if a visa number is available.

   2. If the spouse or child is residing abroad, the person adjusting status in the United States should file Form I-824, Application for Action on an Approved Application or Petition, together with the principal's Form I-485, to allow the derivatives to immigrate to the United States without delay if the principal's Form I-485 is approved.

[DeesGirl 13]

hi

it's correct, but you must have filled out the form incorrectly

immigration thinks he's in the country, which he's not

you only have to send the i130 for filing for stepson abroad

I never indicated on the form that he's in America...I clearly marked off no when they asked

I also put his address in Jamaica on the form where they asked for address

[Hypnos 6,576]

An I-485 cannot be filed for someone not physically present in the US.

It could be a USCIS error. You may wish to resubmit with a cover note explaining the situation.

[aleful 1,905]

hi

what about question 22, where he will have his interview. did you put his city and country?

if so, then it was their error, they shouldn't have rejected it anyway because the i130 can be filed separately

[DeesGirl 13]

hi

what about question 22, where he will have his interview. did you put his city and country?

if so, then it was their error, they shouldn't have rejected it anyway because the i130 can be filed separately

For question 22 I put : Kingston, Jamaica

[aleful 1,905]

hi

then they made a mistake because as said, they shouldn't have rejected it anyway, as long as you showed, established proof between you and your stepson

[DeesGirl 13]

hi

then they made a mistake because as said, they shouldn't have rejected it anyway, as long as you showed, established proof between you and your stepson

Yes we sent the required documents.

Thanks for the help everyone.

I'll send back the I-130 with a cover letter explaining that he is not in the country and he will not be applying for AOS as yet.

[DeesGirl 13]

Can anyone elaborate on section "who may apply" 2(B) under I-485 instructions?

https://www.uscis.gov/i-485

[aleful 1,905]

Yes we sent the required documents.

Thanks for the help everyone.

u

I'll send back the I-130 with a cover letter explaining that he is not in the country and he will not be applying for AOS as yet.

hi

you're still confused, he won't be applying for adjustment of status at all. he will go through consular processing and get his visa in Jamaica the process will take around a year

he won't be going through adjustment of status, it is a different process than what your husband is doing

[aleful 1,905]

hi

that's in case the child is a derivative, but there are no derivatives for spouses of a USC

that's why you had to file a separate petition for your stepson

[DeesGirl 13]

hi

that's in case the child is a derivative, but there are no derivatives for spouses of a USC

that's why you had to file a separate petition for your stepson

Ok

Thanks