AOS denied due to priority date? (split)

[alps34 17]

6 minutes ago, Venice1012 said:

No that doesn't apply to you. That apply to the spouse of a USC. But if you feel it does feel free to make an appeal...

A big NO because INA 203(a) applies to me.

Spouses of USC are INA 201(b)(2)(A)(i)

Edited January 13, 2017 by alps34

[Venice1012 35]

1 minute ago, alps34 said:

A big NO because INA 203(a) applies to me.

Spouses of USC are non-preference.

Visa number are only immediately available for USC spouse. I'm done with this if you think it's an error feel free to appeal.

[Venice1012 35]

Also

Edited January 13, 2017 by Venice1012

[alps34 17]

8 minutes ago, Venice1012 said:

Also

The dates for filing were permitted for Oct. 2016. See: https://www.uscis.gov/visabulletin-oct-16

[Hypnos 6,576]

https://www.uscis.gov/visabulletin-oct-16 clearly indicates that your priority date needed to be on or before 22nd November 2015 to be able to file an I-485 during the month of October 2016. OP states that their priority date is 22nd June 2015, therefore they were eligible to file for AoS in October 2016. This is a USCIS error.

 

The correct course of action would be to file a Motion to Reconsider based on USCIS' misapplication of law.

[alps34 17]

Just now, Hypnos said:

https://www.uscis.gov/visabulletin-oct-16 clearly indicates that your priority date needed to be on or before 22nd November 2015 to be able to file an I-485 during the month of October 2016. OP states that their priority date is 22nd June 2015, therefore they were eligible to file for AoS in October 2016. This is a USCIS error.

 

The correct course of action would be to file a Motion to Reconsider based on USCIS' misapplication of law.

Thank you Hypnos! I appreciate your reply. What a bad thing is it, with a USCIS error, we pay $680 to file a motion to reopen or reconsider and also currently my work authorization and advance parole is void

[kaylaKo 5]

1 hour ago, alps34 said:

Thank you Hypnos! I appreciate your reply. What a bad thing is it, with a USCIS error, we pay $680 to file a motion to reopen or reconsider and also currently my work authorization and advance parole is void

Seriously, you need to pay for a motion! That sucks!

 

You qualify with this provision... on the 3rd highlighted line.

 

https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-and-priority-dates

Concurrent Filing  

In certain instances, you can file your Form I-485 together, or “concurrently,” with the underlying Form I-130 or Form I-140 immigrant petition. You may concurrently file your Form I-485 only when approval of the underlying immigrant petition would make a visa immediately available to you. If you are an immediate relative, you can always concurrently file your Form I-485 application with the underlying Form I-130.

If you are seeking adjustment of status under a family-sponsored and employment-based preference category, you may concurrently file your Form I-485 with the Form I 130 or Form I-140 only if:

• Your priority date is earlier than the cut-off date listed in the “Application Final Action Dates” chart in the monthly Visa Bulletin for your preference category and country of chargeability;
• The Visa Bulletin chart indicates “C” instead of a specific cut-off date, meaning that your preference category and country of chargeability is current and that you may file Form I-485 regardless of the priority date; or
• When permitted by USCIS (as described above in “Acceptance of Adjustment Status Applications”), your priority date is earlier than the cut-off date listed in the “Dates for Filing Applications” chart for your preference category and country of chargeability.

[alps34 17]

3 minutes ago, kaylaKo said:

Seriously, you need to pay for a motion! That sucks!

 

You qualify with this provision... on the 3rd highlighted line.

 

https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-and-priority-dates

Concurrent Filing  

In certain instances, you can file your Form I-485 together, or “concurrently,” with the underlying Form I-130 or Form I-140 immigrant petition. You may concurrently file your Form I-485 only when approval of the underlying immigrant petition would make a visa immediately available to you. If you are an immediate relative, you can always concurrently file your Form I-485 application with the underlying Form I-130.

If you are seeking adjustment of status under a family-sponsored and employment-based preference category, you may concurrently file your Form I-485 with the Form I 130 or Form I-140 only if:

• Your priority date is earlier than the cut-off date listed in the “Application Final Action Dates” chart in the monthly Visa Bulletin for your preference category and country of chargeability;
• The Visa Bulletin chart indicates “C” instead of a specific cut-off date, meaning that your preference category and country of chargeability is current and that you may file Form I-485 regardless of the priority date; or
• When permitted by USCIS (as described above in “Acceptance of Adjustment Status Applications”), your priority date is earlier than the cut-off date listed in the “Dates for Filing Applications” chart for your preference category and country of chargeability.

Thank you Kaylako!

Yes, I need to pay a fee :(( and my EAD is revoked for their mistake.... 

Also my I-130 is still pending for 1,5 years

thanks for your comment

[jaggi 0]

On 1/13/2017 at 0:04 AM, alps34 said:

Thank you Kaylako!

Yes, I need to pay a fee :(( and my EAD is revoked for their mistake.... 

Also my I-130 is still pending for 1,5 years

thanks for your comment

Hey Alps, 

 

I got denied for the same reason. 

Did you try to reopen the case  or filled new AOS ?

 

[alps34 17]

5 hours ago, jaggi said:

Hey Alps, 

 

I got denied for the same reason. 

Did you try to reopen the case  or filled new AOS ?

 

Hello,

It's very sad to hear.... Is your I-130 is pending? Also is your spouse an LPR?

I have filed a Motion to Reconsider but it's still pending, no news yet.

[jaggi 0]

18 minutes ago, alps34 said:

Hello,

It's very sad to hear.... Is your I-130 is pending? Also is your spouse an LPR?

I have filed a Motion to Reconsider but it's still pending, no news yet.

My priority dates are current ,so the IO asked me to file new AOS .

I m going to file 290b after denial notice .but my main concern is how I can file new aos if the previous one is denial that means I will be out of status soon 

I am under F2B 

[alps34 17]

If you will be out of status, you will not be able to file a new aos. 

19 minutes ago, jaggi said:

My priority dates are current ,so the IO asked me to file new AOS .

I m going to file 290b after denial notice .but my main concern is how I can file new aos if the previous one is denial that means I will be out of status soon 

I am under F2B 

 

[jaggi 0]

1 hour ago, alps34 said:

If you will be out of status, you will not be able to file a new aos. 

 

I know but my EAD and AP are not denied yet,  

How you are able to stay in US if the aos ead and ap is denied. I thought you came under different visa and applied aos before it expired?

[kaylaKo 5]

@jaggi was your i-130 approved? did you get married? what's the reason for denial?

[alps34 17]

1 hour ago, jaggi said:

I know but my EAD and AP are not denied yet,  

How you are able to stay in US if the aos ead and ap is denied. I thought you came under different visa and applied aos before it expired?

EAD and AP is automatically revoked upon I-485 (AOS) denial. You are no longer able to work in the U.S. 

In my opinion you can stay in the US legally with a student visa if you have.