I-485 and I-765 Rejected - "your priority date could not be established" - How do I fix this?

[jp1000 25]

Hi, today I received my packet back with a notice that it has been rejected.

 

The text reads:

 

Quote

 

This is in reference to the 1-485, Application to Register Permanent Residence or Adjust Status, you submitted. You fees, and any supporting documentation is being refurned to you for the following reason(s):
Based on the information you provided, your priority date could not be established. Please resubmit your applicatior with the proper documentation to the address listed on the bottom of this notice.

 

The following documents may be provided:
• Your original Form I-130, (Petition for Alien Relative) if you are filing concurrently; or
• Your original Form I-140, (Immigrant Petition for Alien Worker) if you are filing concurrently; or
• Your original Form I-360, (Petition for Amerasian, Widow(er), or Special Immigrant) if you are filing concurrently; or
• A copy of your Form 1-797, (Notice of Action) if the 1-130, 1-140, 1-360, or 1-526 petition has already been filed/approved; or
• Other evidence that an immigration visa petition has been filed/approved on your behalf.

 

I'm not entirely sure what they mean by "your priority date could not be established" but on the I-485 Section 2 Question 4 it asks: "Priority Date from Underlying Petition (if any)". I left this question blank. Should I populate it with the NOA1 or NOA2 date of the original K1 application? I did enter the receipt number in the question prior to that when asked, but I wasn't sure what Priority date meant.

 

For the 'The following documents may be provided" that they list, they seem to talk of forms that don't relate to a K1 applicant.

 

 

As for resubmitting, can I mail the package back to them as they have sent it? They have a big staple through everything related to the I-485, and then the EAD documents stapled seperately. They also stamped the check but I'm not sure if I need to send a new payment or not?

 

They added a green paper rejection notice that says if I resubmit, to put the green paper on top of the package.

[jp1000 25]

To add, on the NOA2 from the original K1 application, the priority date field is blank.

[Letspaintcookies 2,310]

Did you added the NOA2 from your K1 to the packet? And a copy of the visa in your passport?

Edited January 23, 2023 by Letspaintcookies

[jp1000 25]

1 minute ago, Letspaintcookies said:

Did you added the NOA2 from your K1 to the packet? And a copy of the visa in your passport?

Yes.

 

I feel very stupid. I have looked through the I-485 and for part 2 question 2 I have selected "Immediate relative of a U.S. citizen, Form I-130" instead of "Person admitted to the United States as a fiancé(e) or child of a fiancé(e) of a U.S. citizen, Form I-129F (K-1/K-2 Nonimmigrant)"

 

How idiotic.

[Crazy Cat 41,984]

5 minutes ago, jp1000 said:

Yes.

 

I feel very stupid. I have looked through the I-485 and for part 2 question 2 I have selected "Immediate relative of a U.S. citizen, Form I-130" instead of "Person admitted to the United States as a fiancé(e) or child of a fiancé(e) of a U.S. citizen, Form I-129F (K-1/K-2 Nonimmigrant)"

 

How idiotic.

They were looking for an I-130. Just resubmit with proper box marked.  Good luck. 

[Letspaintcookies 2,310]

13 minutes ago, jp1000 said:

Yes.

 

I feel very stupid. I have looked through the I-485 and for part 2 question 2 I have selected "Immediate relative of a U.S. citizen, Form I-130" instead of "Person admitted to the United States as a fiancé(e) or child of a fiancé(e) of a U.S. citizen, Form I-129F (K-1/K-2 Nonimmigrant)"

 

How idiotic.

Oh ok. Yea that's the problem 

[K1visaHopeful 2,851]

I129F Noa1 received date is your priority date.

Strongly suggest following your month AOS filing thread here to fill out your form correctly with your filing peers.

 

[jp1000 25]

7 hours ago, Crazy Cat said:

They were looking for an I-130. Just resubmit with proper box marked.  Good luck. 

I've resubmitted it now. I hope that was the only problem.

 

I did also forget to submit a copy of my wife's birth certificate that I'm sure they would RFE so it was at least an opportunity to add that to the packet.

 

I have a feeling of looming dispair that it will be rejected again but I'll struggle to find out why as they don't provide much insight into what was wrong.

 

If it's rejected again I may have to seek out a lawyer.

[mytruelove18 608]

11 hours ago, jp1000 said:

I've resubmitted it now. I hope that was the only problem.

 

I did also forget to submit a copy of my wife's birth certificate that I'm sure they would RFE so it was at least an opportunity to add that to the packet.

 

I have a feeling of looming dispair that it will be rejected again but I'll struggle to find out why as they don't provide much insight into what was wrong.

 

If it's rejected again I may have to seek out a lawyer.

Be sure that the forms has the bar code at the botton, if no you will a rfe or could be reject it again for missing the bar code

[Chewie 0]

On 1/23/2023 at 8:09 AM, jp1000 said:

Yes.

 

I feel very stupid. I have looked through the I-485 and for part 2 question 2 I have selected "Immediate relative of a U.S. citizen, Form I-130" instead of "Person admitted to the United States as a fiancé(e) or child of a fiancé(e) of a U.S. citizen, Form I-129F (K-1/K-2 Nonimmigrant)"

 

How idiotic.

@jp1000 Sorry for the late reply, but did you end up getting approved after your resubmission? 

My wife and I got the exact same letter for the exact same reason. Hoping that is the only issue before we resubmit. 

Appreciate it if you happen to see this!

[jp1000 25]

11 hours ago, Chewie said:

@jp1000 Sorry for the late reply, but did you end up getting approved after your resubmission? 

My wife and I got the exact same letter for the exact same reason. Hoping that is the only issue before we resubmit. 

Appreciate it if you happen to see this!

 

Hi - yes I checked the correct box and resubmitted and we got approved.

[ap4295 32]

On 1/24/2023 at 4:59 AM, mytruelove18 said:

Be sure that the forms has the bar code at the botton, if no you will a rfe or could be reject it again for missing the bar code

When I sent my I-129f, my printer cut off the barcodes on the bottom and it was never an issue. It did the same for the AOS we went last week. I hope it doesn't cause any issue.