Just realized we submitted the old I-485! Please help!

[Bjh 39]

Hi everyone,

 

We submitted my wife's i-485 using the OLD i-485 (the 07/15/2019 edition), and it was received on March 3rd. So we missed the 2/24 deadline.

 

We also haven't received the i-797 receipt (rejection notice) yet.

 

Should I just fill out another i-485 and send it out ASAP? Is there a need to receive the rejection notice first??

 

Thanks!

 

 

[Beth & Achraf 328]

Don't send another one, wait and see if they send a rejection notice.  Sending another will only confuse things.

 

[Bjh 39]

1 hour ago, Beth & Achraf said:

Don't send another one, wait and see if they send a rejection notice.  Sending another will only confuse things.

 

How will it "create confusion" ? And have you seen the posts lately in this forum? Multiple people are being rejected just because the form is out of date, I don't see why waiting to "see if they send a rejection notice" would benefit us in any way.

[Beth & Achraf 328]

Your going to just send the form ?, that's it?  Nothing else?        And expect them to just match it up with your petitions?

 

 

 

 

 

[Beth & Achraf 328]

53 minutes ago, Bjh said:

How will it "create confusion" ? And have you seen the posts lately in this forum? Multiple people are being rejected just because the form is out of date, I don't see why waiting to "see if they send a rejection notice" would benefit us in any way.

You don't even have a USCIS case # to match it up with.  

 

 

[Bjh 39]

6 minutes ago, Beth & Achraf said:

You don't even have a USCIS case # to match it up with.  

 

 

1. No, I do not plan on submitting just the new forms, I plan on submitting all of the extra evidence I submitted with the first outdated forms.

 

2. There is nothing on the i-485 that requires a "USCIS Case #," they require a receipt number for the original petition (in my case, the one for i-129f) and the petitioner's (my wife's) nonimmigrant visa #.

Edited March 13, 2020 by Bjh

[DaveAndAnastasia 2,082]

2 hours ago, Bjh said:

How will it "create confusion" ?

You don't actually know if it will be rejected yet; you just suspect it will be. If it isn't, a second AOS application will definitely create confusion.

 

Though you might be able to stop payment on your payment method from the first application, which would guarantee the it will be rejected.

[geowrian 22,337]

I agree that the best thing is to just wait for the rejection. A week or 2 longer is not the end of the world here.

But if you really want to send an entirely new packet, cancel the payment on the first one. That will ensure that they cannot process it and it will be returned.

[Sami58 17]

A rejection does not mean a denial. When your forms are rejected all fees are returned to you. You CANNOT send a new form without knowing the decision on the one already sent. It’s safer to wait for them to accept  or reject the forms you already sent. If you are to take it upon yourself to send new forms you WILL CAUSE CONFUSION. 

[R1CH1991 247]

I personally would send the documents on the new form.

 

I wouldn’t kid yourself that the system will accept your out dated form. That’s not policy.

 

I would send a fresh form, with evidence and wait for that to be processed no doubt several days after the other has been rejected. 
 

No major worries

[Bjh 39]

5 hours ago, Sami58 said:

A rejection does not mean a denial. When your forms are rejected all fees are returned to you. You CANNOT send a new form without knowing the decision on the one already sent. It’s safer to wait for them to accept  or reject the forms you already sent. If you are to take it upon yourself to send new forms you WILL CAUSE CONFUSION. 

Where is that written?

[midwinterrose 275]

Just fill out the new form with all the required evidence and have it ready to drop in the mail the second you get the rejection notice.

 

If you don’t wait for the rejection and you send a new one and your first one is somehow accepted, you could end up being charged twice. Either cancel payment on the first and send a new one, or prepare a new one and wait and see about the first one.  

[Sami58 17]

2 hours ago, Bjh said:

Where is that written?

That’s common sense! Same way you cannot file duplicate forms at the SSA or IRS! 
 

Immigration regulations do not prohibit filing more than one I-485 for the same applicant, and an applicant can adjust his or her status based only on one I-485 application. Therefore, submitting more than one filing at any given time potentially could result in problems. The USCIS could request that one set of adjustment applications be withdrawn, that fingerprints and security checks may not be conducted on both filings, or one set of I-485 applications could be denied. Thus, it is almost always advisable not to have multiple I-485s pending at the same time.

[Sunnshine 7]

2 hours ago, Bjh said:

Where is that written?

I actually called USCIS the other day because we left out for i944 and i think we have an outdated form. They said we would get and RFE or the entire package would be sent back with the check. They said it would be useless to send in documents without a receipt number. She said they will not deny without giving you the opportunity to correct the mistakes 

Edited March 14, 2020 by ReneeJas

[Bjh 39]

57 minutes ago, Sami58 said:

That’s common sense! Same way you cannot file duplicate forms at the SSA or IRS! 
 

Immigration regulations do not prohibit filing more than one I-485 for the same applicant, and an applicant can adjust his or her status based only on one I-485 application. Therefore, submitting more than one filing at any given time potentially could result in problems. The USCIS could request that one set of adjustment applications be withdrawn, that fingerprints and security checks may not be conducted on both filings, or one set of I-485 applications could be denied. Thus, it is almost always advisable not to have multiple I-485s pending at the same time.

I don't need security checks and fingerprints to be done on 2 different i485 applications, and I only need one I-485 accepted. So it doesn't matter if they deny one or request that one be withdrawn, in fact I'd be counting on it.