I-130/I-485 filed together... my bad?

[DJASP 3]

Hello,

We, (meaning I), may have been a bit too eager with our petition and application. So I'm not sure what happens now, seeking info.

 

I believe I had read, a number of times (on VJ and other sources), that the I-130 and I-485 packets could be filed together. 

So we got them ready and filed them. 

 

We submitted our I-130/I-130a petition packet (to Dallas Lockbox), and our I-485/I-864 packet (to Chicago Lockbox) at around the same time. 

We received our NOA1 for the I-130. We haven't heard anything in relation to the I-485 application (which we tracked with USPS as delivered on Oct 14th, postmarked Oct 10th).

 

Some time passed and with a fresh outlook I started seeking info about when we might get a receipt letter for our I-485.

I then realised.. seeing I (Australian citizen) am not living in the US with my husband at the moment, the whole 'filing the I-130 & I-485 together' thing really isn't applicable to us...or is it?

 

So where does this leave us? Will our I-485 application likely be rejected? Or just held there ready to be processed once the I-130 is approved?

Beginning to second-guess what I've done now.

 

Thank you

 

- Alisa

Edited October 29, 2019 by DJASP
typo

[aaron2020 11,651]

If you are currently outside the US, then you made a mistake filing the I-485.  The I-485 is for someone who is in the US seeking to adjust status.  Adjusting status does not apply to someone who is outside the US.

 

You will need to cancel the I-485 and switch the I-130 to consular processing.  

 

[SalishSea 17,660]

5 minutes ago, DJASP said:

Hello,

We, (meaning I), may have been a bit too eager with our petition and application. So I'm not sure what happens now, seeking info.

 

I believe I had read, a number of times (on VJ and other sources), that the I-130 and I-485 packets could be filed together. 

So we got them ready and filed them. 

 

We submitted our I-130/I-130a petition packet (to Dallas Lockbox), and our I-485/I-864 packet (to Chicago Lockbox) at around the same time. 

We received our NOA1 for the I-130. We haven't heard anything in relation to the I-485 application (which we tracked with USPS as delivered on Oct 14th, postmarked Oct 10th).

 

Some time passed and with a fresh outlook I started seeking info about when we might get a receipt letter for our I-485.

I then realised.. seeing I (Australian citizen) am not living in the US with my husband at the moment, the whole 'filing the I-130 & I-485 together' thing really isn't applicable to us...or is it?

 

So where does this leave us? Will our I-485 application likely be rejected? Or just held there ready to be processed once the I-130 is approved?

Beginning to second-guess what I've done now.

 

Thank you

 

- Alisa

My guess is that it will be ignored, and that you will have to submit an updated I-485 to the NVC when your other documents are due.  You have awhile to wait.

[SalishSea 17,660]

Just now, aaron2020 said:

If you are currently outside the US, then you made a mistake filing the I-485.  The I-485 is for someone who is in the US seeking to adjust status.  Adjusting status does not apply to someone who is outside the US.

 

You will need to cancel the I-485 and switch the I-130 to consular processing.  

 

Do you mean that USCIS May believe she’s adjusting from within the US?

[aaron2020 11,651]

10 minutes ago, Jorgedig said:

Do you mean that USCIS May believe she’s adjusting from within the US?

If she is applying to adjust status with an I-485, then USCIS would process the cases accordingly.  If she doesn't meet the requirements for AOS, then it would be deny.  

 

The responsibility is on the applicants to know what they apply for.  USCIS will process accordingly based on what the applicants file.  Then USCIS will determine if the applicants are eligible or not.  

 

DJASP.  Where are you right now?  Where were you when you filed the I-485?

Edited October 29, 2019 by aaron2020

[DJASP 3]

Thanks for your replies.

I'm currently in Australia. I was in Australia when it was filed. 

My intent to file the I-485 was to register for Permanent Residence (once I-130 was approved). I'd read the I-130 and I-485 could be filed together, so we were trying to be organised, but I must have misunderstood. 

 

So, do we have to actively cancel the I-485? Will the filing fee be processed even if it's rejected? Or will it be deemed redundant and just be ignored and forgotten about if we don't follow it up? Or will it stay on file somehow and I just update it later at the appropriate time?

 

Thank you kindly for your help

Edited October 29, 2019 by DJASP
typo

[pura_vida 33]

47 minutes ago, DJASP said:

Hello,

We, (meaning I), may have been a bit too eager with our petition and application. So I'm not sure what happens now, seeking info.

 

I believe I had read, a number of times (on VJ and other sources), that the I-130 and I-485 packets could be filed together. 

So we got them ready and filed them. 

 

We submitted our I-130/I-130a petition packet (to Dallas Lockbox), and our I-485/I-864 packet (to Chicago Lockbox) at around the same time. 

We received our NOA1 for the I-130. We haven't heard anything in relation to the I-485 application (which we tracked with USPS as delivered on Oct 14th, postmarked Oct 10th).

 

Some time passed and with a fresh outlook I started seeking info about when we might get a receipt letter for our I-485.

I then realised.. seeing I (Australian citizen) am not living in the US with my husband at the moment, the whole 'filing the I-130 & I-485 together' thing really isn't applicable to us...or is it?

 

So where does this leave us? Will our I-485 application likely be rejected? Or just held there ready to be processed once the I-130 is approved?

Beginning to second-guess what I've done now.

 

Thank you

 

- Alisa

my friend having the same case, finally they withdrew the I-485 after their case been approved USCIS asking them to submit form I-824 and other docs.

 

i think it'll be the same with you.

 

sorry tho cost a lot more and it should but time wise seems about the same

[aaron2020 11,651]

33 minutes ago, DJASP said:

Thanks for your replies.

I'm currently in Australia. I was in Australia when it was filed. 

My intent to file the I-485 was to register for Permanent Residence (once I-130 was approved). I'd read the I-130 and I-485 could be filed together, so we were trying to be organised, but I must have misunderstood. 

 

So, do we have to actively cancel the I-485? Will the filing fee be processed even if it's rejected? Or will it be deemed redundant and just be ignored and forgotten about if we don't follow it up? Or will it stay on file somehow and I just update it later at the appropriate time?

 

Thank you kindly for your help

Yes, you have to cancel the I-485.  You will not get a refund.  USCIS is not going to ignore or forget the I-485 that you filed.  They will process it accordingly and deny you because you don't meet the requirements.  That's where your case would end. 
 

You need to get on cancelling the I-485 now.  You need to change the I-130 to consular processing.  The responsibility to do things correctly lies with you.  Don't let the wrong process drag on because it does you no good and will delay your immigration. 

It might be best for the US citizen to go get an experienced attorney to fix your mistake.  

Edited October 29, 2019 by aaron2020

[DJASP 3]

Thanks everyone for your contributions.

 

At this stage no fee for I-485 has been withdrawn. We haven't heard anything about the I-485 so far. 
Is it possible to contact Chicago and just put a stop on the application? Even if they haven't begun processing it yet? From what I'm reading it's simple to withdraw the I-485 application with just a letter.

 

The I-130 was filed for consular processing and sent to Dallas. The petition shows I'm in Australia still, and previously visited the US without ever overstaying and returned home. So, I should contact Potomac and just ensure they are aware the I-130 is intended for consular processing, even though that should be clear in the petition? Or should I just make this clear in the letter to Chicago? 

 

We're patiently waiting through the process and had no intent of doing the wrong thing. I'm prepared to do what I can to resolve it.

 

All helpful information is appreciated. Thank you kindly.

[pura_vida 33]

1 hour ago, DJASP said:

Thanks everyone for your contributions.

 

At this stage no fee for I-485 has been withdrawn. We haven't heard anything about the I-485 so far. 
Is it possible to contact Chicago and just put a stop on the application? Even if they haven't begun processing it yet? From what I'm reading it's simple to withdraw the I-485 application with just a letter.

 

The I-130 was filed for consular processing and sent to Dallas. The petition shows I'm in Australia still, and previously visited the US without ever overstaying and returned home. So, I should contact Potomac and just ensure they are aware the I-130 is intended for consular processing, even though that should be clear in the petition? Or should I just make this clear in the letter to Chicago? 

 

We're patiently waiting through the process and had no intent of doing the wrong thing. I'm prepared to do what I can to resolve it.

 

All helpful information is appreciated. Thank you kindly.

correct, no fee for withdrawing,

 

after I-130 approved for the I-824 fee is about $435 (something like that) plus the normal AOS and IV fee.My friend couldnt get the I-485 fee back.. hope at least you'll be able to get some of it

[Going through 5,669]

18 hours ago, DJASP said:

At this stage no fee for I-485 has been withdrawn. We haven't heard anything about the I-485 so far. 
Is it possible to contact Chicago and just put a stop on the application? Even if they haven't begun processing it yet? From what I'm reading it's simple to withdraw the I-485 application with just a letter.

Even those who withdraw the i-485 with a letter (usually those who are eligible for the i-485 in the first place) do not receive a refund for the fees.

 

The fees you paid for the i-485 is for the processing of the application, not the fee for any eligibility or approval of it...the i-485 will still be processed ending in a denial, even though you weren't ever eligible for it...so they will still likely take your payment.

 

(I say likely only because there's nothing 100% guaranteed in life---by a pure stroke of luck they MAY end up rejecting the package and sending back your check, but it's not common for them to do, so don't have high hopes of that happening)

[DJASP 3]

Thank you Going Through for your assistance.

 

[geowrian 22,337]

No refunds - so long as they already processed payment, that money is gone.

If they did NOT process payment yet and you paid by check, you can put a hold on it and that will cause the payment to fail and I-485 to be rejected  before ever entering the system.

 

While the I-130 may have been filed with consular processing selected, if the I-485 was accepted, it will likely be treated as an AOS case instead of consular processing. I'd suggest stating that the I-130 should go through consular processing when you withdraw thew I-485. No guarantee they will accommodate that request, but no harm in making it.

[Going through 5,669]

8 minutes ago, geowrian said:

If they did NOT process payment yet and you paid by check, you can put a hold on it and that will cause the payment to fail and I-485 to be rejected  before ever entering the system.

 

Oh that's a good idea as well----OP should be aware, though, that USCIS will still charge a nominal $30 fee for the returned check.  Much less than losing the whole payment though, of course.