Adjustment of status application package returned

[maham8 7]

I filed i-140 based on EB-NIW in April 2017 from the UK when I was single. I got married before my petition got approved. My husband lives in the US since last few years (never out of status). I did consular processing in the UK and came to the US last month as a permanent resident. Since my green card was approved after we got married, my husband is eligible to do adjustment of status as a derivative based on my approved i-140. We sent the application package with all the documents to USCIS and it was returned stating that either the applicants is ineligible or could not be located in the system. 

Has anybody been through such situation? I didn't update my marital status to USCIS after we got married but I have mentioned my marital status and details of my husband in form DS260 when I was doing consular processing. 

Any help on this would be greatly appreciable.

Many thanks

[Tenreyro 174]

1 hour ago, maham8 said:

I filed i-140 based on EB-NIW in April 2017 from the UK when I was single. I got married before my petition got approved. My husband lives in the US since last few years (never out of status). I did consular processing in the UK and came to the US last month as a permanent resident. Since my green card was approved after we got married, my husband is eligible to do adjustment of status as a derivative based on my approved i-140. We sent the application package with all the documents to USCIS and it was returned stating that either the applicants is ineligible or could not be located in the system. 

Has anybody been through such situation? I didn't update my marital status to USCIS after we got married but I have mentioned my marital status and details of my husband in form DS260 when I was doing consular processing. 

Any help on this would be greatly appreciable.

Many thanks

I really know nothing about the subject, but nevertheless I will try to help a little bit.

 

From what I can see, you did inform properly DHS, when you included your husband in your DS-260. In the Direct Filing page I noticed you should have sent it to the Dallas or Phoenix Lockbox, depending what state you live in, I assume you did that. 

 

In my opinion, if you filed properly, included every necessary piece of evidence of marriage, DS-260, and his status as derivative applicant, with a detailed Cover Letter explaining your relationship, that it existed before you were a Permanent Resident and under which benefit he would be filing for his I-485.

 

If you need to, you could get an infopass to try to explain in person to someone at USCIS.

[maham8 7]

39 minutes ago, Tenreyro said:

I really know nothing about the subject, but nevertheless I will try to help a little bit.

 

From what I can see, you did inform properly DHS, when you included your husband in your DS-260. In the Direct Filing page I noticed you should have sent it to the Dallas or Phoenix Lockbox, depending what state you live in, I assume you did that. 

 

In my opinion, if you filed properly, included every necessary piece of evidence of marriage, DS-260, and his status as derivative applicant, with a detailed Cover Letter explaining your relationship, that it existed before you were a Permanent Resident and under which benefit he would be filing for his I-485.

 

If you need to, you could get an infopass to try to explain in person to someone at USCIS.

Many thanks for your help. We included our marriage certificate, his status but not DS-260 and explanation in the cover letter. Do we mean the DS-260 that I submitted for my immigrant visa application? 

[Tenreyro 174]

3 hours ago, maham8 said:

Many thanks for your help. We included our marriage certificate, his status but not DS-260 and explanation in the cover letter. Do we mean the DS-260 that I submitted for my immigrant visa application? 

A copy of the DS260 for the immigrant visa application COULD be helpful. Because it shows it is something you were open about with DHS from the start. In any case, you could try to set an infopass appointment, and see if you could file in person, because YOU ARE in your right to file for it.

Edited March 29, 2018 by Tenreyro