Filed for AOS but I think we missed one of the documents

[uktousa10 0]

Hi everyone! 

 

We filed for AOS on the 1st of this month from a Tourist visa for my British wife and we sent from i485 with the EAD and AP, but we didn't realize we also had to submit form i130. 

 

We have already sent all the documents, with the exception of filling out form i130 online - we somehow missed this.

Can we do it now or is it too late? We have only now realized and we're very worried. 

What can we do?

 

Thank you.

[Crazy Cat 41,845]

15 minutes ago, uktousa10 said:

Hi everyone! 

 

We filed for AOS on the 1st of this month from a Tourist visa for my British wife and we sent from i485 with the EAD and AP, but we didn't realize we also had to submit form i130. 

 

We have already sent all the documents, with the exception of filling out form i130 online - we somehow missed this.

Can we do it now or is it too late? We have only now realized and we're very worried. 

What can we do?

 

Thank you.

You missed the base document.  I would immediately submit an I-130 online.....print out the receipt.  Be ready to answer an RFE.   I would also immediately send a copy of the I-130 receipt to the same location you sent the I-485 along with a letter.  You MIGHT be able to head off a denial of the I-485.  Good luck. 

Edited June 10, 2023 by Crazy Cat

[uktousa10 0]

6 minutes ago, Crazy Cat said:

I would immediately submit an I-130 online.....print out the receipt.  Be ready to answer an RFE.   I would also immediately send a copy of the I-130 receipt to the same location you sent the I-485 along with a letter.  You MIGHT be able to head off a denial of the I-485.  Good luck. 

Thank you SO much! If it gets rejected, will we be able to submit it again? Thank you.

[Crazy Cat 41,845]

1 minute ago, uktousa10 said:

Thank you SO much! If it gets rejected, will we be able to submit it again? Thank you.

Yes.  It won't be a rejection.  It will be an RFE.

[uktousa10 0]

56 minutes ago, Crazy Cat said:

Yes.  It won't be a rejection.  It will be an RFE.

 

57 minutes ago, Crazy Cat said:

Yes.  It won't be a rejection.  It will be an RFE.

Okay, we're filling out the i130 online right now. 

Will we get the RFE based on the newly filled i130 or based on the i485 package we sent on the 1st of June?

 

Thank you so much for the help, Crazy Cat! 

[Crazy Cat 41,845]

7 minutes ago, uktousa10 said:

 

Okay, we're filling out the i130 online right now. 

Will we get the RFE based on the newly filled i130 or based on the i485 package we sent on the 1st of June?

 

Thank you so much for the help, Crazy Cat! 

Unless that I-130 can catch up to the I-485, you will get an RFE for the I-485 missing the basis document (I-130) for the adjustment of status. 

An I-130 can be a stand-alone petition.  Your I-485 cannot.  It must have a basis....which is the I-130.

[uktousa10 0]

8 minutes ago, Crazy Cat said:

Unless that I-130 can catch up to the I-485, you will get an RFE for the I-485 missing the basis document (I-130) for the adjustment of status. 

An I-130 can be a stand-alone petition.  Your I-485 cannot.  It must have a basis....which is the I-130.

So USCIS will return the whole i-485 packet since it has no basis without the i-130? And I'd have to get another medical and just resubmit everything essentially?

[Crazy Cat 41,845]

1 minute ago, uktousa10 said:

So USCIS will return the whole i-485 packet since it has no basis without the i-130? And I'd have to get another medical and just resubmit everything essentially?

They do not return the entire package with an RFE "Request For Evidence".   I recently saw a case like this.  They did not return the entire package. 

[uktousa10 0]

1 minute ago, Crazy Cat said:

They do not return the entire package with an RFE "Request For Evidence".   I recently saw a case like this.  They did not return the entire package. 

Is it similar to my case where they filed the i130 after the i485?

Also, if the i130 doesn't catch up to the i485 in time, will we just have to assemble a whole new packet identical to the one we sent? Just making sure.

 

I would really appreciate it if you could kindly share the title and I could look it up here on VJ😁 

[Crazy Cat 41,845]

2 hours ago, uktousa10 said:

Also, if the i130 doesn't catch up to the i485 in time, will we just have to assemble a whole new packet identical to the one we sent?

As I said.... for an RFE, you send the documents they want...not the entire package.  An RFE will contain explicit instructions.  

[Redro 4,611]

19 hours ago, uktousa10 said:

Hi everyone! 

 

We filed for AOS on the 1st of this month from a Tourist visa for my British wife and we sent from i485 with the EAD and AP, but we didn't realize we also had to submit form i130. 

 

We have already sent all the documents, with the exception of filling out form i130 online - we somehow missed this.

Can we do it now or is it too late? We have only now realized and we're very worried. 

What can we do?

 

Thank you.

Did you submit evidence of bonafide relationship with your AOS?

Did you upload the marriage certificate with I-130/ send copy of marriage certificate with package? 

What did you check for reason for adjustment on I-1485? 

[Chancy 6,241]

*** Moved from AOS Progress Reports to AOS from Work/Student/Tourist Visas forum ***

 

On 6/10/2023 at 10:30 AM, uktousa10 said:

we sent from i485 with the EAD and AP, but we didn't realize we also had to submit form i130.

 

The I-485 has a section that requires the details of the underlying petition.  So I guess you left that whole section blank?

 

[SalishSea 17,828]

On 6/10/2023 at 10:10 AM, uktousa10 said:

So USCIS will return the whole i-485 packet since it has no basis without the i-130? And I'd have to get another medical and just resubmit everything essentially?

You wouldn't need to get another medical, even if they returned the packet.