I-130 and I-485 were separated - what a mess...

[sir17 0]

Hi all,

this forum is an incredible resource, I've mostly been a silent participant, as I found all my questions already asked and answered by others.

But recently my case got messed up and I was wondering if someone has experienced something similar:

Me and my wife, a US citizen got married on Oct. 6th and filed for AOS right afterwards. I followed all the guidelines, sent the two complete packages right afterwards, both separated, but with a combined cover letter explaining the purpose of the whole thing. Then, three weeks later, we got the I-130 back, for weird reasons - no check, and no visa numbers available. Both things were simply wrong or did not apply, which a USCIS officer confirmed and I followed his advice and sent the package again. Then, another 2 weeks later, I got the I-485 back, saying it can't be processed by itself and with - surprise, surprise - the check from the first package (which said I-130 in the memo and was in the right package in the first place). So I called USCIS again, they apologized and told me the case must've gotten messed up (aren't they processing these kind of applications on a daily basis?). The only thing I can do, according to this guy, is to wait until the I-130 that I re-sent gets rejected the second time and then file everything again. Quote:" ...and make sure to explain everything like you're talking to a two-year old, this is sometimes necessary with this agency...". Are they f... kidding me?

So, that means I'll start from scratch, whenever I get that other package back (it's been 3 weeks since I sent it). My major concern is, that my H1b visa is gonna expire on Dec. 31. Which means I'm without a work permit for quite a while next year and will be losing my job, unless I work illegally.

And now it's dawning on me that I have no clue what to do about my driver's license and stuff like that, that's gonna expire at the end of the year.

Sorry for the rambling, if you've any thoughts or similar experiences, let me know.

Cheers and Happy Thanksgiving,

Chris

[Kez/JWolf 6]

When I sent our I-130 & AOS packet I had then in the same folder with a cover letter then the I-130 papers and evidence then the AOS and its evidence.... but it was all in the one folder not 2...

all you can do is wait for the I-130 to come back or for you to get a receipt for it then submit it again.... it is very unlikely that you will get an EAD before your H1b expires so you may want to plan for taking a break from work until you get the EAD....

Kez

[ELW 5]

How totally frustrating for you! I have not heard of a similar case, but I've heard plenty of times about them "losing" various paperwork/proof included in the packets. Unfortunately, I have to agree with Kezzie, all you can do is wait for the I-130 to be returned AGAIN, before trying to send it all yet another time (this time, put it all in ONE folder, securing it all in one big bundle with two punched holes on top and with the metal clip securing it). Good luck, hope it comes back ASAP so you can get your other paperwork in order.

[sir17 0]

Thanks for the feedback, guess I'll get a lot of skiing in in January ;-). Don't get me wrong, it was all in one evelope, just sorted by package. But maybe that was still too easy to separate.