USCIS package

[Crazy Cat 42,293]

11 hours ago, appleblossom said:

I think the whole package will be being sent back to the OP

I think they will deny the I-485. 

[appleblossom 3,131]

20 minutes ago, Crazy Cat said:

If she was considered an immediate family member of a US citizen, she could.  However, she is an F2B visa category.  Her priority date is far from being current. It will be more than just a few years.  She cannot adjust status (submit an I-485) in the US unless she maintains legal status until her PD is current. 

 

 

F1 category, he’s a USC. 

18 minutes ago, Crazy Cat said:

I think they will deny the I-485. 

 

I agree, but I’ve no idea if they’ll accept the I-130 or the whole thing will be rejected? I don’t know how it works in this situation. 

[OldUser 7,528]

1 minute ago, appleblossom said:

 

F1 category, he’s a USC. 

A 27 year old daughter, unmarried?

Edited Tuesday at 03:34 PM by OldUser

[Crazy Cat 42,293]

Just now, appleblossom said:

 

F1 category, he’s a USC. 

Good catch.  I misread the bulletin categories....LOL.  Sadly, not much difference in the timeline.

[appleblossom 3,131]

36 minutes ago, Tim1964 said:

I was under the impression that since she is already legally in the US I could file both concurrently. 

 

 

Unfortunately not. 

 

You’ll submit the I-130 (or they’ll accept it from your current package - hopefully somebody in the know will clarify that), and then you need to keep an eye on the ‘dates for filing’ page on the USCIS website, that will tell you when you can file for adjustment of status - https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-priority-dates/adjustment-of-status-filing-charts-from-the-visa-bulletin

 

As you can see from that, they’re currently allowing people to use the date on Table B on the Visa Bulletin, which is 1st Sept 2017 for your category. So only those who applied prior to that date ~7.5 years ago can file for AOS now. https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2025/visa-bulletin-for-january-2025.html

 

 

Edited Tuesday at 03:42 PM by appleblossom

[OldUser 7,528]

3 minutes ago, OldUser said:

A 27 year old daughter, unmarried?

Same here, read visa bulletin again and it is F1. Thank you @appleblossom

[Crazy Cat 42,293]

18 minutes ago, appleblossom said:

I agree, but I’ve no idea if they’ll accept the I-130 or the whole thing will be rejected? I don’t know how it works in this situation. 

Good point.  I have seen cases where the I-130 wasn't approved/adjudicated until the I-485 was.  USCIS may or may not separate the 2 here.

Edited Tuesday at 03:51 PM by Crazy Cat

[mitzab 296]

everyone here has pretty much answered this to the best of their ability, stay positive. Check if your payment method (check or money order) has been processed, as this often indicates USCIS has begun processing your case. Receipt notices can take 4–8 weeks or longer, so check the USCIS Lockbox Updates page for delays. If it’s been over 30-45 days since delivery, contact USCIS at 1-800-375-5283 or use their e-Request tool, providing delivery details. If your payment remains unprocessed after a few more weeks, consider contacting your congressional representative for assistance. Stay patient but proactive, as delays are often due to backlogs.

[Crazy Cat 42,293]

8 minutes ago, mitzab said:

Stay patient but proactive, as delays are often due to backlogs.

If he gets a receipt for the I-485, it will mean a denied application and a loss of the fee.  The I-485 will NOT be approved...period.  His best hope is to get the whole package back after a rejection...but I don't think that will happen.  I hope I'm wrong.

Edited Tuesday at 08:26 PM by Crazy Cat

[mitzab 296]

6 minutes ago, Crazy Cat said:

If he gets a receipt for the I-485, it will mean a denied application and a loss of the fee.  The I-485 will NOT be approved...period.  His best hope is to get the whole package back after a rejection...but I don't think that will happen.  I hope I'm wrong.

Crazy Cat, you are right, I missed the part where the age was being debated, and I was only trying to answer his initial question. But yes you are right.

[Tim1964 2]

Thank you everyone for your wonderful comments and information. I’ll let you know how this turns out. 

[appleblossom 3,131]

38 minutes ago, Tim1964 said:

Thank you everyone for your wonderful comments and information. I’ll let you know how this turns out. 

 

Please do. And as it’ll be so long before your daughter can get a visa via you, it would be a good idea for her to explore employment based visas and see if she’s eligible for any, if so she can speak to her current employer and see if they’d be prepared to petition her. It may just be a way for her to stay until she can apply for the green card rather than having to return home to wait it out. 

 

When does her current U4U status expire?

Edited Tuesday at 09:49 PM by appleblossom

[Tim1964 2]

On 1/28/2025 at 1:47 PM, appleblossom said:

 

Please do. And as it’ll be so long before your daughter can get a visa via you, it would be a good idea for her to explore employment based visas and see if she’s eligible for any, if so she can speak to her current employer and see if they’d be prepared to petition her. It may just be a way for her to stay until she can apply for the green card rather than having to return home to wait it out. 

 

When does her current U4U status expire?

She just applied for another extension on her temporary protection status TPS. For now this is her only option to stay in the US legally. The employment based visa may also be a good option to look into. Thank you. 

[appleblossom 3,131]

8 minutes ago, Tim1964 said:

She just applied for another extension on her temporary protection status TPS. 

 

I wouldn’t count on that being an option even if the current pause is lifted. I would explore employment based visas asap. 

 

Good luck. 

[Tim1964 2]

Update. 
as predicted by everyone here the entire package was rejected and my check returned. 
However I’m very confused about the reason. See attached I-797C. 

Your 1-130 form is being returned to you because the eligibility you filed under requires that you file an I-485 also. Please resubmit both forms and the appropriate fees in order to continue processing.

This confuses me because I filed both I-130 and I-485 together with all supporting documents. 

The I-485 was rejected because of AOS not available for her filing date. Am I to assume she cannot file until the dates for filing are changed?

Just now, Tim1964 said:

Update. 
as predicted by everyone here the entire package was rejected and my check returned. 
However I’m very confused about the reason. See attached I-797C. 

Your 1-130 form is being returned to you because the eligibility you filed under requires that you file an I-485 also. Please resubmit both forms and the appropriate fees in order to continue processing.

This confuses me because I filed both I-130 and I-485 together with all supporting documents. 

The I-485 was rejected because of AOS not available for her filing date. Am I to assume she cannot file until the dates for filing are changed?

Is it time for me to consult with a lawyer?