Our I-130 was declined, how long does it take for it to be mailed back? Also, is my husband now here illegally?

[OvernightSiren 2]

My husband came to the US on 9/30/16 on a VWP. He proposed on 10/30/16. We were married on 11/27/16. We sent our I-130/I-485 packet on 12/22 (in order to pay the old fees). I never received a notice that our packet was accepted so I called USCIS. They told me that our packet was rejected on 1/13/17 but she could not tell me the reason it was rejected--just that it would be on the packet when it was sent back to us.

 

So a few questions...

 

1) How long does it take for it to get back to me? It is currently 1/26/17 and I still have not received the packet back.

 

2) I am assuming it is being rejected because the checks I sent with it were in the amount of their old filing fee, and fees went up on 12/23. If not that, then I'm thinking it's possible we may have missed a signature somewhere. Can anyone think of any other reason we'd have been rejected? Keep in mind that the checks were not cashed and my bank account has had more than $1500 in it for several months. 

 

3) My husband entered the country on a Vise Waiver Program that only had him here legally until 12/29/16. I was told that once the process of our I-130 filing begins he was in a sort of "legal limbo" that allowed him to be here while the filing/investigation occurs, but now that our file was rejected does that mean he is technically here illegally until we receive and re-file my application? 

 

Thank you for any answers, we're both freaking out a little. 

[A'n'L 735]

If the fee was wrong, then that's the reason your application was rejected. Easy as that. You should have the packet back within a month.

 

Your husband is currently out of status, but his illegal presence will be forgiven once you successfully file and get his AOS approved.

[Dutchster 1,107]

In your last topic multiple VJ members told you most likely your petition got rejected because you send the check in the old fee. Your husband will be fine, he's just out of status until you are re-sending the package.

Edited January 26, 2017 by Dutchster

[OvernightSiren 2]

1 hour ago, A'n'L said:

If the fee was wrong, then that's the reason your application was rejected. Easy as that. You should have the packet back within a month.

 

Your husband is currently out of status, but his illegal presence will be forgiven once you successfully file and get his AOS approved.

Just unnerving that it takes so long to get back. Any idea why it takes so long? It's already been 13 days. 

[Unlockable 7,314]

Tens of thousands of documents, files, and evidence goes through these service centers. Be patient.

[Lilith90 12]

I don't think it was the old fee cause I sent my aos package on 22nd,  the same day as you (so right before December 23rd). I sent the old fee cause and my case was accepted. I came on Visa waiver program as your husband. Hope you get your package back soon. Wish you all the best

[OvernightSiren 2]

14 hours ago, Lilith90 said:

I don't think it was the old fee cause I sent my aos package on 22nd,  the same day as you (so right before December 23rd). I sent the old fee cause and my case was accepted. I came on Visa waiver program as your husband. Hope you get your package back soon. Wish you all the best

I've read reports of numerous people being rejected due to the fee change. Congrats that yours was handled by a patient, knowledgeable employee but sadly your one case of getting by with the old rates doesn't completely rule out that being my reason for rejection. 

[aaron2020 11,651]

It's the postmark that counts.  A letter that is placed in a mailbox on 12/22 may not be picked up and postmarked until 12/23.

[lleaka 57]

On 1/27/2017 at 2:37 PM, aaron2020 said:

It's the postmark that counts.  A letter that is placed in a mailbox on 12/22 may not be picked up and postmarked until 12/23.

I agree. That's what the immigration website said.

 

[OvernightSiren 2]

On 1/27/2017 at 2:37 PM, aaron2020 said:

It's the postmark that counts.  A letter that is placed in a mailbox on 12/22 may not be picked up and postmarked until 12/23.

As I said in the original post, it was postmarked on 12/22. It wasn't in my mailbox, I brought it to the Post Office on 12/22, watched her postmark it and she assured me it was being sent out that day. I had this deadline firmly in mind when filing.