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Karay

I-485 denied. Please help!

By Karay in Adjustment of Status from Work, Student, & Tourist Visas

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Karay Contributor

Karay   6

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Filed: IR-1/CR-1 Visa Country: Ghana
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Hello,

A cousin of mine had his i-485 denied. Reason is he did not have a pending or approved visa petition.  He filed the I 130 concurrently with the i_485. He got an RFE which he sent and it was marked as received by USCIS. They canceled the RFE on September 12 and 2 weeks later he was denied. What can he do now to rectify this situation? I have attached a screenshot of the denial letter. Thank you in advance!

Screenshot_20241001_133955_Adobe Acrobat.jpg

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SalishSea Grand Master

SalishSea   17,801

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22 minutes ago, Karay said:

Hello,

A cousin of mine had his i-485 denied. Reason is he did not have a pending or approved visa petition.  He filed the I 130 concurrently with the i_485. He got an RFE which he sent and it was marked as received by USCIS. They canceled the RFE on September 12 and 2 weeks later he was denied. What can he do now to rectify this situation? I have attached a screenshot of the denial letter. Thank you in advance!

Screenshot_20241001_133955_Adobe Acrobat.jpg

How did he enter the US?   Who petitioned him?

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appleblossom Experienced

appleblossom   2,437

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1 hour ago, Karay said:

Hello,

A cousin of mine had his i-485 denied. Reason is he did not have a pending or approved visa petition.  He filed the I 130 concurrently with the i_485. He got an RFE which he sent and it was marked as received by USCIS. They canceled the RFE on September 12 and 2 weeks later he was denied. What can he do now to rectify this situation? I have attached a screenshot of the denial letter. Thank you in advance!

 

 

Is his spouse a US citizen or green card holder?

Edited by appleblossom
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Karay Contributor

Karay   6

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1 hour ago, appleblossom said:

 

Is his spouse a US citizen or green card holder?

Us citizen 

1 hour ago, powerpuff said:

The picture is too blurry to read. 

 

Edited by Crazy Cat
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hmwtx Rookie

hmwtx   9

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It looks like his visa had already expired when he applied for the I-485?  He was out of status before he applied?  In that case, he had no current status to adjust - he was already out of status.  You can only adjust if you had lawful, current status when you applied.  If your original entry visa then expires and you do not leave, you are overstaying which is generally forgiven if they approve your adjustment and issue the green card.  But if you are already overstaying when you apply for adjustment, then there is literally nothing to adjust and you will get a letter like this one.  That's what I'm seeing in this letter, anyway.

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Crazy Cat Grand Master

Crazy Cat   41,806

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****2 comments with improperly redacted personal info removed from thread***

***A black highlight does not properly redact information***Highlights can be totally removed by viewer****

***Nice catch, @Lemonslice

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

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SusnOwen Enthusiast

SusnOwen   159

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28 minutes ago, hmwtx said:

It looks like his visa had already expired when he applied for the I-485?  He was out of status before he applied?  In that case, he had no current status to adjust - he was already out of status.  You can only adjust if you had lawful, current status when you applied.  If your original entry visa then expires and you do not leave, you are overstaying which is generally forgiven if they approve your adjustment and issue the green card.  But if you are already overstaying when you apply for adjustment, then there is literally nothing to adjust and you will get a letter like this one.  That's what I'm seeing in this letter, anyway.

Incorrect information - You can file the I-130 and I-485 concurrently, even with an overstay, if you legally entered the US and marry a US citizen. It sounds like the I-130 may have been denied, or something to do with that - They are saying there isn't a pending petition, so if they filed concurrently, something had to have happened with the I-130 first.

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KP & SP Collaborator

KP & SP   9

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11 minutes ago, SusnOwen said:

Incorrect information - You can file the I-130 and I-485 concurrently, even with an overstay, if you legally entered the US and marry a US citizen. It sounds like the I-130 may have been denied, or something to do with that - They are saying there isn't a pending petition, so if they filed concurrently, something had to have happened with the I-130 first.

Yes correct, and if you have to refile make sure the beneficiary does not leave the country otherwise it would be a 3 or 10 years ban to enter the US. I am on a similar situation, I-485 denied but I-130 still pending almost been 2 years since I-130 was filed.

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SalishSea Grand Master

SalishSea   17,801

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13 minutes ago, SusnOwen said:

Incorrect information - You can file the I-130 and I-485 concurrently, even with an overstay, if you legally entered the US and marry a US citizen. It sounds like the I-130 may have been denied, or something to do with that - They are saying there isn't a pending petition, so if they filed concurrently, something had to have happened with the I-130 first.

The post you’re replying to is not actually incorrect.   You may want to re-read it.   

 

 

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nastra30 Experienced

nastra30   2,284

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Filed: IR-1/CR-1 Visa Country: Ghana
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@KarayUSCIS Is basically saying there is no pending or approved I130. Are you sure a properly completed and paid I-130 was submitted? Do you have a receipt for the I-130? What's the status of the I130 here: https://egov.uscis.gov/

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Karay Contributor

Karay   6

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Filed: IR-1/CR-1 Visa Country: Ghana
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55 minutes ago, SusnOwen said:

Incorrect information - You can file the I-130 and I-485 concurrently, even with an overstay, if you legally entered the US and marry a US citizen. It sounds like the I-130 may have been denied, or something to do with that - They are saying there isn't a pending petition, so if they filed concurrently, something had to have happened with the I-130 first.

That's what I thought too but I am not sure what happened to the I  130. It might be the RFE? They canceled the RFE on September 12 and he got the denial of the I 485 on September 24. 

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Karay Contributor

Karay   6

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46 minutes ago, KP & SP said:

Yes correct, and if you have to refile make sure the beneficiary does not leave the country otherwise it would be a 3 or 10 years ban to enter the US. I am on a similar situation, I-485 denied but I-130 still pending almost been 2 years since I-130 was filed.

What was the reason for denial?

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