I-130 Approved but I-485 DENIED

[alex8731 1]

I have a few questions if anyone really knows.

Now that the I-485 has been denied, does anyone knows if we can reapply with the same I-130 since it's been approved already or does the I-130 has an expiration.

What do you guys recommend? Just to make it clear we started the process as me being a green card holder now I am US citizen.

[Millz 7]

After getting citizenship, you should have informed USCIS about the change. This is what you need to do now you need to write a letter informing them that you have gained citizenship stating the date also copy your naturalization certificate place it with the denied application along with the letter of denial and mailed it back 

[alex8731 1]

have a few questions if anyone really knows.

Now that the I-485 has been denied, does anyone knows if we can reapply with the same I-130 since it's been approved already or does the I-130 has an expiration.

What do you guys recommend? Just to make it clear we started the process as me being a green card holder now I am US citizen.

 

[Timona 4,207]

That case was rightfully denied. Not sure who told you to file yet your spouse at that time was a LPR. As such, that I-130 is dead.

 

File a new I-130. Do concurrent filing since your spouse is now a USC. Remain in USC until you get AP or GC.

[SalishSea 17,791]

3 hours ago, Millz said:

After getting citizenship, you should have informed USCIS about the change. This is what you need to do now you need to write a letter informing them that you have gained citizenship stating the date also copy your naturalization certificate place it with the denied application along with the letter of denial and mailed it back 

No, they need an entirely new petition.

[Nashmusah 29]

4 hours ago, alex8731 said:

have a few questions if anyone really knows.

Now that the I-485 has been denied, does anyone knows if we can reapply with the same I-130 since it's been approved already or does the I-130 has an expiration.

What do you guys recommend? Just to make it clear we started the process as me being a green card holder now I am US citizen.

 

As long as the qualifying relationship between the petitioner and beneficiary is upheld, the approved I-130 petition remains valid. This validity persists if the petitioner maintains their U.S. citizenship or permanent resident status.

So on that case, you are still entitled to file for an  appeal for the same i-130.  No expiration as long as you two are still together. 

Good luck 👍. 

Edited August 10 by Nashmusah

[Nashmusah 29]

5 hours ago, alex8731 said:

I have a few questions if anyone really knows.

Now that the I-485 has been denied, does anyone knows if we can reapply with the same I-130 since it's been approved already or does the I-130 has an expiration.

What do you guys recommend? Just to make it clear we started the process as me being a green card holder now I am US citizen.

If USCIS denies your I-130 petition, you will receive Form I-797 (“Notice of Action”) in the mail. If you believe your I-130 was unfairly denied, you may be able to appeal to a separate body, the Administrative Appeals Office (AAO), within 30 days from when the notice was sent (not from when the notice was received).

Good luck 👍 

[nastra30 2,284]

Don't waste your time with a appeal. Concurrently file a new  I485 with the approved I130. State you are adjusting now as immediate relative of USC and Include evidence of that. Simple as that. Good luck.

Edited August 10 by nastra30

[nastra30 2,284]

The I130 is still valid and has automatically converted to that of immediate relative of a USC. The old I485 though was rightfully denied. File new I485 with the approved I130 to adjust as immediate relative now because you are right now illegally in the US. This will grant you authorized stay in the US.

Edited August 10 by nastra30

[nastra30 2,284]

1 hour ago, Nashmusah said:

If USCIS denies your I-130 petition, you will receive Form I-797 (“Notice of Action”) in the mail. If you believe your I-130 was unfairly denied, you may be able to appeal to a separate body, the Administrative Appeals Office (AAO), within 30 days from when the notice was sent (not from when the notice was received).

Good luck 👍 

I130 wasn't denied. I485 was denied. Op needs to file new I485 to adjust as immediate relative of USC based on the already approved I130.

[Pinkrlion 2,715]

You can file new I-485 but consult with a lawyer first as spouse has a ban on file. That is different than an overstay. 

[powerpuff 6,669]

*** Thread moved from Bringing Family members of USC to America forum to AOS work/student/tourist visas - this is an adjustment of status case, not consular processing ***