USCIS package

[appleblossom 3,138]

6 minutes ago, 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?

 

This wording is specific to the I-130 only, and it’s just saying that there isn’t a valid I-485 to go with it, hence the rejection. 

 

You don’t need to consult a lawyer about this, as it’s now just a case of filing the I-130 on it’s own and then waiting for the Priority Date to become current many years from now. But a consultation with a lawyer about your daughter’s other visa options might be a good idea, her employer would usually hire a lawyer if they will be sponsoring her for a visa. 

 

When does her current status expire and what does she do for a job?

 

 

Edited 7 hours ago by appleblossom

[Crazy Cat 42,296]

12 minutes ago, Tim1964 said:

as predicted by everyone here the entire package was rejected and my check returned. 

I'm glad I was wrong.  Refile the I-130 by itself.

[Tim1964 2]

21 minutes ago, appleblossom said:

 

This wording is specific to the I-130 only, and it’s just saying that there isn’t a valid I-485 to go with it, hence the rejection. 

 

You don’t need to consult a lawyer about this, as it’s now just a case of filing the I-130 on it’s own and then waiting for the Priority Date to become current many years from now. But a consultation with a lawyer about your daughter’s other visa options might be a good idea, her employer would usually hire a lawyer if they will be sponsoring her for a visa. 

 

When does her current status expire and what does she do for a job?

 

 

Thank you. I’ll re-file the I-130 online. As far as her employment goes she’s an independent fashion designer. I guess that really means she’s unemployed. But looking for employment with a company in that field. 

[Tim1964 2]

17 minutes ago, Crazy Cat said:

I'm glad I was wrong.  Refile the I-130 by itself.

Thank you. That should be an easy thing to do online. 

[appleblossom 3,138]

31 minutes ago, Tim1964 said:

Thank you. I’ll re-file the I-130 online. As far as her employment goes she’s an independent fashion designer. I guess that really means she’s unemployed. But looking for employment with a company in that field. 

 

OK, I wish her the best of luck. Whatever happens, make sure she doesn’t overstay when her current status ends - overstays aren’t forgiven for adult children of USC’s.