Need help!!

[mabdelbaqi 0]

Thanks again all for the advice, however if there was a RFE that we did not receive in the mail and the case was denied based on that does anyone know if we will have to pay to refile again? Or just put in a case to reopen? Our concern is also the amount of the fees now as they have been raised since we filed last. Also we filed a I-130 and it is still pending so with the other two denied what exactly is this form doing for us or with time will it also be denied? Is this the form that would allow him to stay within legal status being married to a US citizen? Any help is greatly appreciated. Thanks again.

Melissa....

[Dr_LHA 3]

Actually one reason to believe it wasn't an RFE is I believe you usually get email update when an RFE is sent. I assume you didnt' get such an email or see that update on the USCIS website? That said the website isn't 100% reliable. Hell there's a chance the "denial" message is system glitch.

[Gaby&Talbert 1]

Yes good question? Were you registered on the USCIS website and keeping track of changes to your case there?

[TracyTN 237]

What's that about?

Thanks again all for the advice, however if there was a RFE that we did not receive in the mail and the case was denied based on that does anyone know if we will have to pay to refile again? Or just put in a case to reopen? Our concern is also the amount of the fees now as they have been raised since we filed last. Also we filed a I-130 and it is still pending so with the other two denied what exactly is this form doing for us or with time will it also be denied? Is this the form that would allow him to stay within legal status being married to a US citizen? Any help is greatly appreciated. Thanks again.

Melissa....

Does this mean you submitted the I 130 and the I 485 concurrently?

Normally this is done in the event that the foreigner came here on another visa type (say a tourist visa), married a USC and are now adjusting status based on that marriage. (The I 130 establishes the fact that the foreign spouse is married to a USC.) Looking at your timeline, I suspect that is the situation.

Dr_LHA et al - could it be that the denial was because the I 130 is still pending (meaning maybe they didn't know what the basis was for the adjustment)?

I agree that a lawyer is in your best interest, but it sure would be nice to know first why exactly you were denied.

[Ivelina_Andrew 0]

Hello,

I am sorry to read this has happened to you guys. I hope everything goes ok and you get everyhting fixed and approved.

I do not understand though how we can track our cases then if we cannot trust the USCIS to mail us the necessary info and if their website is unreliable?This could the happen to anyone and we cannot just call them every week to ask what the status of the case is.. We can't constantly check on them, this is not babysitting

Sorry for the little off topic remark, got a little mad

[Kez/JWolf 6]

When you file I-130 and AOS together the I-130 is approved at the same time as the AOS... if the AOS has been denied the I-130 will still need to be approved or denied... it is going to cost you $$$ to put this right whether its a motion to re-open or you just file for AOS again.... You need to find out the reason for the denial before you can decide what to do next....

Kez

[Dr_LHA 3]

Does this mean you submitted the I 130 and the I 485 concurrently?

Normally this is done in the event that the foreigner came here on another visa type (say a tourist visa)

The OP stated that their spouse came on an H-1B originally, so yes, this is correct.

Dr_LHA et al - could it be that the denial was because the I 130 is still pending (meaning maybe they didn't know what the basis was for the adjustment)?

Normally concurrent filing an I-130 is adjudicated at the same time as the I-485. Its possible that the I-485 was filled out incorrectly, which lead USCIS to believe that the person filing was not a US citizen, in which case they might deny based on the mistaken assumption that the person has to wait for their I-130 be approved and priority date current to file I-485. This is wild guess though I'd admit.

OP: What did you fill in for I-485 part 2? Did you tick "A" here or something else?

[TracyTN 237]

Does this mean you submitted the I 130 and the I 485 concurrently?

Normally this is done in the event that the foreigner came here on another visa type (say a tourist visa)

The OP stated that their spouse came on an H-1B originally, so yes, this is correct.

Dr_LHA et al - could it be that the denial was because the I 130 is still pending (meaning maybe they didn't know what the basis was for the adjustment)?

Normally concurrent filing an I-130 is adjudicated at the same time as the I-485. Its possible that the I-485 was filled out incorrectly, which lead USCIS to believe that the person filing was not a US citizen, in which case they might deny based on the mistaken assumption that the person has to wait for their I-130 be approved and priority date current to file I-485. This is wild guess though I'd admit.

OP: What did you fill in for I-485 part 2? Did you tick "A" here or something else?

Sorry, I missed that about the H1b.

[RosaMystica7 0]

Actually one reason to believe it wasn't an RFE is I believe you usually get email update when an RFE is sent. I assume you didnt' get such an email or see that update on the USCIS website? That said the website isn't 100% reliable. Hell there's a chance the "denial" message is system glitch.

When my husband got a RFE the online case status didn't change at all.

[Dr_LHA 3]

When my husband got a RFE the online case status didn't change at all.

Yeah, this is what I was afraid of: the USCIS website is inconsistent. I know that others have got an online update when an RFE was sent out.

[misa 2]

When my husband got a RFE the online case status didn't change at all.

Yeah, this is what I was afraid of: the USCIS website is inconsistent. I know that others have got an online update when an RFE was sent out.

Or sometimes they get an entirely wrong message due to someone's clumsy fingers. While my petitions for my K3 were pending, I got a message saying that my case was returned to USCIS from the DoS for "further review". This is the message that someone gets usually when a consulate returns the entire case back to the U.S. but my petitions were still at the service centre...

[mabdelbaqi 0]

As I stated earlier we did file the I130 along with the I485 and the I765 so my question is if they denied the AOS and EAD then why didn't they deny the I130? As of right now it is still pending. And regarding calling USCIS everyday week, that is basically what we have been doing. Its sad that its a government office and they can't seem to get there records straight. Every person that we have talked to has given us a different answer. I don't know anymore. WEll wish me luck I'm off to check the mail in hopes that the denial notices have come finally after almost 20 days.

Melissa

[~*Maria*~ 1]

When my husband got a RFE the online case status didn't change at all.

Yeah, this is what I was afraid of: the USCIS website is inconsistent. I know that others have got an online update when an RFE was sent out.

My online status didnt change at all when i got RFE'd for tax info.......so i agree with DR_LHA USCIS website is inconsistent.

Edited August 21, 2007 by MariaDane

[misa 2]

As I stated earlier we did file the I130 along with the I485 and the I765 so my question is if they denied the AOS and EAD then why didn't they deny the I130? As of right now it is still pending. And regarding calling USCIS everyday week, that is basically what we have been doing. Its sad that its a government office and they can't seem to get there records straight. Every person that we have talked to has given us a different answer. I don't know anymore. WEll wish me luck I'm off to check the mail in hopes that the denial notices have come finally after almost 20 days.

Melissa

How frustrating for you. Well for the I-130, that's a completely separate standalone petition and doesn't rely on the I-485. The I-765 is contingent upon the I-485 in your case so a denial of the I-485 would result in the denial for the I-765. Maybe they denied them because they (for whatever reason) don't see the pending I-130 in their system? One more question and my apologies if you have answered this already (I didn't see it anywhere). What did you put down for the I-485 for part 2 under application type?

I guess we can all speculate but you won't know for sure if/when you receive the actual denial notice. Hope that it gets resolved soon.

Edited August 21, 2007 by misa

[mabdelbaqi 0]

Hi again everyone, Just wanted to give you a update, who knows maybe my story can help someone else down the line. WE have contacted a lawyer and have a appointment on Thursday....Another 2 hour drive to Sacramento Also the lawyer did tell my husband over the phone that his H1B Visa is still valid until the date on it which is October 1st. The reason for this is that he filed for I 765 through marriage so it did not void his visa in anyway!! Hurray that means he is not out of status and it gives us time now to fix our other problems. So I guess all we can do is go to the lawyer and hope that she can tell us something. She said she is going to try to get ahold of our case or find something out before we have our appointment. So I guess wish us luck and I will let everyone know what happens on Thursday. Again thanks for all the help and concern. Take care everyone.

Melissa

Hi again everyone, Just wanted to give you a update, who knows maybe my story can help someone else down the line. WE have contacted a lawyer and have a appointment on Thursday....Another 2 hour drive to Sacramento Also the lawyer did tell my husband over the phone that his H1B Visa is still valid until the date on it which is October 1st. The reason for this is that he filed for I 765 through marriage so it did not void his visa in anyway!! Hurray that means he is not out of status and it gives us time now to fix our other problems. So I guess all we can do is go to the lawyer and hope that she can tell us something. She said she is going to try to get ahold of our case or find something out before we have our appointment. So I guess wish us luck and I will let everyone know what happens on Thursday. Again thanks for all the help and concern. Take care everyone.

Melissa