I485 denied due to expired I130 [merged threads]

[zham 12]

Hello,

I-130 was approved in 2017. Submitted I-485 in 2021. 

Long story short, I-485 was denied because the I-130 has expired. We did not apply for immigrant visa before a certain time, thus USCIS denied the application.

Before I contact a lawyer, I would like to hear your opinion as in what to do next? Do i need to start the entire process: File I-130 & I-485 and pay all fees? 

[powerpuff 6,707]

~ Moved from AOS K1/K2 to AOS work/student/tourist visas - OP is not doing K1 ~
 

Why did you wait 4 years to submit I-485 if you’re (or your father I should say) is doing adjustment of status? 
 

I-130 doesn’t expire but it might be sent to an archive to National records center (NRC). You might have to contact USCIS and have it reinstated. However, it might be easier to re-file everything correctly this time. I’ll let other more experienced members chime in 

Edited January 14, 2022 by powerpuff

[zham 12]

Hello,

I 485 was denied and was advised to resubmit entire package. Couple of questions below:

- Should I resubmit I-765 & I-131 again along the I-485? 

- Should I pay the biometrics fee again? Biometrics were taken right before the AOS application was denied.

 

Thanks

[Allaboutwaiting 2,503]

Weird they took the biometrics fee, they shouldn't have. 

So, you must submit all the forms again and pay both the filing fee and biometrics. 

Edited January 22, 2022 by Allaboutwaiting

[zham 12]

6 minutes ago, Allaboutwaiting said:

Weird they took the biometrics fee, they shouldn't have. 

So, you must submit all the forms again and pay both the filing fee and biometrics. 

i read somewhere online that biometrics can be used for 10 years. That is why i thought maybe i can avoid paying that when resubmitting since we already did that

[Dritan 1]

Did you ever use form I-130? Did your I-130 get approved ? Or are you doing concurrent filing I-130 and I-485 together? 
Forms needed to sent in with adjustment  of status I-485. Employment authorization i765. You need to file the medical exam and the sponsorship form I-864 I believe.

But yes you will have to repay again. 

[Allaboutwaiting 2,503]

11 minutes ago, zham said:

i read somewhere online that biometrics can be used for 10 years. That is why i thought maybe i can avoid paying that when resubmitting since we already did that

Have never heard about that before and couldn't find anything when searching. 

Do you remember where did you read that? 

[arken 4,197]

Biometrics fee is not just the fingerprinting fee. It is for background checks so it is required for any new filing. Depending on when the biometrics was taken last time, they may waive the fingerprinting but they still need to do the background checks based on existing fingerprinting.

[zham 12]

23 minutes ago, arken said:

Biometrics fee is not just the fingerprinting fee. It is for background checks so it is required for any new filing. Depending on when the biometrics was taken last time, they may waive the fingerprinting but they still need to do the background checks based on existing fingerprinting.

Ok that makes more sense. Thanks. I guess will go ahead and pay the fee as well

[zham 12]

37 minutes ago, Dritan said:

Did you ever use form I-130? Did your I-130 get approved ? Or are you doing concurrent filing I-130 and I-485 together? 
Forms needed to sent in with adjustment  of status I-485. Employment authorization i765. You need to file the medical exam and the sponsorship form I-864 I believe.

But yes you will have to repay again. 

I-130 was approved back in 2017. I used that  when submitting i485, but was rejected because it has been more than 2 years since i130 was approved.

so i need to file i130 and i485 concurrently. 

[arken 4,197]

24 minutes ago, zham said:

I-130 was approved back in 2017. I used that  when submitting i485, but was rejected because it has been more than 2 years since i130 was approved.

so i need to file i130 and i485 concurrently. 

Did uscis, the denial letter say that? 

[Dritan 1]

24 minutes ago, zham said:

I-130 was approved back in 2017. I used that  when submitting i485, but was rejected because it has been more than 2 years since i130 was approved.

so i need to file i130 and i485 concurrently. 

Probably that’s why they denied your adjustment of status. Just do concurrent filling this time , sent in i-130 and I-485 together with the rest of the forms. Just make sure you have all the documentation right so it won’t delay the process. I wish you plenty of luck. 

[zham 12]

3 minutes ago, arken said:

Did uscis, the denial letter say that? 

Yes. 

[Allaboutwaiting 2,503]

When did you file the I-485?

[arken 4,197]

7 minutes ago, zham said:

Yes. 

The reason is not because it has been 2 years since i130 approval but because it is revoked. You chose to do consular processing in previous i130 but you didn't pursue it and so it is revoked.

 

Yes now you need to file i130 concurrently.