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HopefulForGC

[Urgent advice needed] I-130 and I-485 Denied Prematurely, before deadline for RFE

By HopefulForGC in General Immigration-Related Discussion

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HopefulForGC Rookie

HopefulForGC   11

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Filed: AOS (pnd) Timeline
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On 2/24/2024 at 10:32 PM, OldUser said:

At least they're fixing their mess. There's no reason not to submit evidence from the start. Waiting for RFE or interview just adds unnecessary delay or results in denial, like in your case.

 

Many AOS approved without interview or RFE if everything is submitted from the start.

 

Good luck and tell us how it goes.


Hi ,

providing an update. My lawyer submitted the I-290B motion to reopen/reconsider for both my I-130 and I-485 on March 7th, 2024. In the filing, he also included the evidence for the original RFE. Lawyer did not charge for this service but I paid a filing fee $1350 unfortunately. 
 

Today, both my I-130 and I-485 cases were reopened and status changed to “Case is actively being reviewed”. In addition, for the I-485 , my field office sent me another RFE notice which is asking me to resubmit my medical because the last one I submitted with the original application is no longer valid as it’s been 2 years. I think this is good news as it may mean the original RFE for a bonafide marriage has been cleared and now I just need to clear the medical RFE again. 
 

I will be submitting the RFE for medical in the coming days and will report back, but I have a feeling GC is coming soon. :) 
 

Thanks all for advice. 

 

 

 

 

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Timona
Timona

Then, your AOS was rightfully denied. You know you married a GC holder, right? As such, you need to be in status at the time of your I-485 approval. There's no way a B-2 will give you that much time. 

SalishSea
SalishSea

Very unlikely OP would ever get another B2, after this debacle.

Family
Family

F-2A was current from 2019 to 2023 …so when OP filed she was okay . The I-290 B will preserve her adjustment , work permit and advance parole…as she will await in authorized stay for F-2A to become cu

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Family Mentor

Family   3,832

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6 hours ago, HopefulForGC said:


Hi ,

providing an update. My lawyer submitted the I-290B motion to reopen/reconsider for both my I-130 and I-485 on March 7th, 2024. In the filing, he also included the evidence for the original RFE. Lawyer did not charge for this service but I paid a filing fee $1350 unfortunately. 
 

Today, both my I-130 and I-485 cases were reopened and status changed to “Case is actively being reviewed”. In addition, for the I-485 , my field office sent me another RFE notice which is asking me to resubmit my medical because the last one I submitted with the original application is no longer valid as it’s been 2 years. I think this is good news as it may mean the original RFE for a bonafide marriage has been cleared and now I just need to clear the medical RFE again. 
 

I will be submitting the RFE for medical in the coming days and will report back, but I have a feeling GC is coming soon. :) 
 

Thanks all for advice. 

 

 

 

 

They will definitely approve your green card. ..under F-2A if current or as soon as hubby naturalizes.


It’s common misconception for attorneys to insist that 2 s I-290 B filings are required …but you stood your ground and got them to do it free. ..so take it as a BIG WIN. 

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TBoneTX Grand Master

TBoneTX   44,658

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Filed: Citizen (apr) Country: Ecuador
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10 hours ago, HopefulForGC said:

my I-130 application status was changed to "Case approved"

You must feel wonderful after this great news!  Keep us apprised.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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HopefulForGC Rookie

HopefulForGC   11

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Filed: AOS (pnd) Timeline
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Still waiting for I-485 to be approved. It seems the priority date is not current, the June 2024 visa bulletin shows November 2021 for F2A category, and my priority date is March 2022. I hope I do not have to wait much longer. When I filed back in March 2022, the final action date was current. They did ask for an RFE for an updated medical a few weeks ago, so it seems like they are working on it. My I-131 advance parole document expired in April 2024 and my hubby filed for naturalization (N-400) today. I would like to travel to my home country as my 5 year old nephew is unwell after undergoing surgery for a brain tumor and I would love to be able to visit him and my family, but I am not sure If I should apply for another I-131 advance parole document, or wait it out for I-485 :(

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Family Mentor

Family   3,832

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52 minutes ago, HopefulForGC said:

Still waiting for I-485 to be approved. It seems the priority date is not current, the June 2024 visa bulletin shows November 2021 for F2A category, and my priority date is March 2022. I hope I do not have to wait much longer. When I filed back in March 2022, the final action date was current. They did ask for an RFE for an updated medical a few weeks ago, so it seems like they are working on it. My I-131 advance parole document expired in April 2024 and my hubby filed for naturalization (N-400) today. I would like to travel to my home country as my 5 year old nephew is unwell after undergoing surgery for a brain tumor and I would love to be able to visit him and my family, but I am not sure If I should apply for another I-131 advance parole document, or wait it out for I-485 :(

File the I-131 and request expedite . Don’t count on I-485 as it it’s tied to visa bulletin fluctuations . Your husband will likely complete his N-400 before F-2A gets to your pd

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