I-485 denied. Please help!

[Karay 6]

1 hour 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.

He got married prior to the visa expiring but he file after the visa expired 

1 hour 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.

He got married prior to the visa expiring but he file after the visa expired 

[Karay 6]

1 hour 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.

He got married prior to the visa expiring but he file after the visa expired 

 

1 hour 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.

He was married prior to the visa expiring and filed after visa expired. 

[Karay 6]

28 minutes ago, nastra30 said:

@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/

It is denied as well. They were actively reviewing it on September 12 and on September 12 they canceled their notice for RFE. 

28 minutes ago, nastra30 said:

@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/

It is denied as well. They were actively reviewing it on September 12 and on September 12 they canceled their notice for RFE. 

[Karay 6]

So I think I might know what the issue is. My cousin used a preparer to file. So he got an RFE for I 130 and I 485. I 130, a RFE was for I 130a and I 485 was for for a buch of items. We believe the preparer only sent the RFE for the I 485. We can see on the USCIS website they received the response for the I 485 but none for the I 130. So can he go ahead and file a new petition? Must he wait awhile or he is allowed to put in a new one immediately? Thank you everyone. 

[nastra30 2,284]

16 minutes ago, Karay said:

So I think I might know what the issue is. My cousin used a preparer to file. So he got an RFE for I 130 and I 485. I 130, a RFE was for I 130a and I 485 was for for a buch of items. We believe the preparer only sent the RFE for the I 485. We can see on the USCIS website they received the response for the I 485 but none for the I 130. So can he go ahead and file a new petition? Must he wait awhile or he is allowed to put in a new one immediately? Thank you everyone. 

Submit a fresh I-130 (plus I-130a) and I-485 concurrently with new fees. He will also need to file new EAD and Travel Document because any previous ones are invalid.

He can use the guides here and do it himself. Without new submissions, he's in danger of being issued an NTA or being removed.  Good luck.

Edited October 1 by nastra30

[Cathi 5,746]

14 hours ago, nastra30 said:

Submit a fresh I-130 (plus I-130a) and I-485 concurrently with new fees. He will also need to file new EAD and Travel Document because any previous ones are invalid.

He can use the guides here and do it himself. Without new submissions, he's in danger of being issued an NTA or being removed.  Good luck.

All of this.

Make sure he does it himself, do not rely on a "preparer" to do it and risk even more mistakes down the line. There are guides at the top of the page and he can come here to ask questions, if need be. It was a costly mistake to use someone else, when you do it on your own, everything is under your control, a lot less likely to make mistakes. The forms really aren't difficult, attention to detail is what's most important.

[Karay 6]

27 minutes ago, Cathi said:

All of this.

Make sure he does it himself, do not rely on a "preparer" to do it and risk even more mistakes down the line. There are guides at the top of the page and he can come here to ask questions, if need be. It was a costly mistake to use someone else, when you do it on your own, everything is under your control, a lot less likely to make mistakes. The forms really aren't difficult, attention to detail is what's most important.

Thank you so much! He will be doing it himself this time around.  

[davidvs 337]

19 hours 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.

 

Completely inaccurate.

[SusnOwen 159]

On 10/1/2024 at 5:18 PM, SalishSea said:

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

 

 

No need to re-read it, I've lived it.  We filed a concurrent petition, and are now about to have my husband's citizenship interview. 

[wazzujoel 63]

On 10/2/2024 at 9:48 AM, Cathi said:

All of this.

Make sure he does it himself, do not rely on a "preparer" to do it and risk even more mistakes down the line. There are guides at the top of the page and he can come here to ask questions, if need be. It was a costly mistake to use someone else, when you do it on your own, everything is under your control, a lot less likely to make mistakes. The forms really aren't difficult, attention to detail is what's most important.

 

100%. If I were to ever use a "preparer" or a lawyer, I would completely review everything they planned on submitting before it was submitted. I've seen far too many cases where people had issues with preparers or lawyers overlooking details that result in RFE's or denials. No one is more invested in this then the beneficiary and petitioner. Always review everything and make sure all responses are accurate and sufficiently address the issue. 

[Gboree 65]

On 10/1/2024 at 7:06 PM, nastra30 said:

Submit a fresh I-130 (plus I-130a) and I-485 concurrently with new fees. He will also need to file new EAD and Travel Document because any previous ones are invalid.

He can use the guides here and do it himself. Without new submissions, he's in danger of being issued an NTA or being removed.  Good luck.

And He needs to refile as soon as possible before USCIS issues a NTA