Rejection of I485

[Tiputti 0]

I married my childhood girlfriend when she was just a legal resident,  by the time, my I130 was already in and approved.

A few months later, she got her citizenship  and I send the rest of the files in (I485) with proof of her citizenship.

I've been waiting for answers until I got the unfortunate one that my form has been rejected.

 

Now my law school friend told me, I can either send everything all over again,  including the I130, or I can send a letter letting them know I want to update her status as a US citizen.

 

Please help me to know what best to do.

 

[Ben&Zian 4,398]

4 minutes ago, Tiputti said:

I married my childhood girlfriend when she was just a legal resident,  by the time, my I130 was already in and approved.

A few months later, she got her citizenship  and I send the rest of the files in (I485) with proof of her citizenship.

I've been waiting for answers until I got the unfortunate one that my form has been rejected.

 

Now my law school friend told me, I can either send everything all over again,  including the I130, or I can send a letter letting them know I want to update her status as a US citizen.

 

Please help me to know what best to do.

 

 

....so she is a US citizen? What is your legal status? Where are you both located exactly? In the US or?

Edited August 6, 2018 by Ben&Zian

[Tiputti 0]

Yes. She is a US citizen right now. And I've been here on a B2 visa.

[Ben&Zian 4,398]

3 minutes ago, Tiputti said:

Yes. She is a US citizen right now. And I've been here on a B2 visa.

 

Ah, I see why they rejected it then. As a green card holder she can't petition you to adjust status in the US; but now as a US citizen she can file for your with the I-130 and AOS you from within the US. So while you had an I-130 then tried to add the I-485 they probably kicked it out.

 

You said you sent in I-485 and proof of her citizenship but she as the citizen really needs to be doing the paperwork as she is the one sponsoring you. Most likely will need to resent all paperwork for adjustment of status for you.

Edited August 6, 2018 by Ben&Zian

[Tiputti 0]

Ok. My friend told me that could be the case, or just to send a letter to USCIS to update her citizenship.  but I was concerned about my previous I130 that has already been approved. 

I don't want to create any confusion.

[Ben&Zian 4,398]

Just now, Tiputti said:

Ok. My friend told me that could be the case, or just to send a letter to USCIS to update her citizenship.  but I was concerned about my previous I130 that has already been approved. 

I don't want to create any confusion.

 

They may have rejected it because again she was LPR during the original I-130 process but when you both tried to upgrade it to I-485 with her citizenship it did cause a bit of confusion, or they just "misplaced" her proof of citizenship so they denied it. Hard to say sometimes with USCIS. Most likely it will be a new adjustment of status process for you with new paperwork and everything. Perhaps try calling USCIS and see where the original I-130 is exactly as it may need to be withdrawn/canceled before a new one can be put in with the I-485. That way there isn't conflicting information and two I-130's for you.

[Tiputti 0]

True that.

Well, thank you for your help, it was pretty quick, very informative and definitely effective.

[TNJ17 1,329]

You’re gonna have to process again because they’ve already rightfully rejected your application. Unfortunately that comes with paying fees all over. Make sure you’ve got everything right this time around and that she is actually a US citizen now otherwise you’re just gonna be throwing money out because they’ll always be rejecting you. 

[Tiputti 0]

Any idea on how she has to process to withdraw the old I130?

Should she mention the reason why she is taking this action?

[SusieQQQ 11,587]

8 hours ago, Tiputti said:

Yes. She is a US citizen right now. And I've been here on a B2 visa.

When does your permitted period of stay  expire?

[discoverusa 284]

I would try to use original I130 with a new 485. I have done this successfully as my husband filled a stand alone I130 while he was an LPR. When he became a Citizen we sent I485 packet with I130 approval notice and explained in the cover letter that this petition should be "upgraded" to spouse of US Citizen. Saved about $450 at the time.

[Tiputti 0]

16 hours ago, SusieQQQ said:

When does your permitted period of stay  expire?

Has already been expired

[arken 4,197]

On 8/6/2018 at 1:16 PM, TNJ17 said:

You’re gonna have to process again because they’ve already rightfully rejected your application. Unfortunately that comes with paying fees all over. Make sure you’ve got everything right this time around and that she is actually a US citizen now otherwise you’re just gonna be throwing money out because they’ll always be rejecting you. 

Not true, no need to start the process and there will be no loss of fee payment. A rejected i485 means no fees. 

 

On 8/6/2018 at 1:38 PM, Tiputti said:

Any idea on how she has to process to withdraw the old I130?

Should she mention the reason why she is taking this action?

She doesn’t have to withdraw old i130, just upgrade her case from F2A to CR1/IR1. 

 

16 hours ago, discoverusa said:

I would try to use original I130 with a new 485. I have done this successfully as my husband filled a stand alone I130 while he was an LPR. When he became a Citizen we sent I485 packet with I130 approval notice and explained in the cover letter that this petition should be "upgraded" to spouse of US Citizen. Saved about $450 at the time.

Agreed. To the OP, as said, you need to send AOS package along with a copy of the i130 approval and the cover letter mentioning she wants to upgrade the petition to immediate relative since she has become a US citizen. Include a copy of the naturalization certificate.

 

First the cover letter asking for the upgrade with the citizenship proof and put subsequent AOS package after that.

[SusieQQQ 11,587]

On 8/6/2018 at 9:45 AM, Ben&Zian said:

 

....What is your legal status? 

 

On 8/6/2018 at 9:47 AM, Tiputti said:

And I've been here on a B2 visa.

 

6 hours ago, Tiputti said:

Has already been expired

 

So you don’t actually have a current legal status in the US?