where to send??

[akfranssen 0]

Hello all I need your help.

My husband and I filed the I-130 and I-485 packets mid-November. I am adjusting my status from an F-1 visa. I sent the forms in at the same time but in different packets. The instructions said that if filing concurently then send packets to the USCIS Lockbox facility in Chicago.

My problem is that I received a rejection notice for the I-130 for the following reason: "This BCIS location can only process I-130 applications that are submitted with Form I-485 when a visa number is immediately available for the beneficiary's immigration category. Please file your form I-130 at the BCIS Service Center with jurisdiction over your place of residence."

Next step is that I re-send my packet to the Chicago office (my local office). Does it now matter that my I-485 and I-130 are separated and perhaps processed at different bureaus? Should I expect more problems/difficulties in the near future because of this?

Thanks in advance!!

[YuAndDan 153]

Big question is your husband a US Citizen or just a green-card holder?

The rejection sounds like a green-card holder filing an I-130 for a spouse, LPR (Green card holder) gets F2 priority for visas for a spouse and must wait a few years for a visa number, LPR wont get an immediate Unlimited class visa number like a US Citizen.

Family Second Preference (F2): Spouses, minor children, and unmarried sons and daughters (over age 20) of lawful permanent residents. (114,200) At least seventy-seven percent of all visas available for this category will go to the spouses and children; the remainder will be allocated to unmarried sons and daughters.

http://travel.state.gov/visa/immigrants/ty...types_1306.html

A non-immigrant cannot adjust status in the USA based on marriage to a LPR.

[akfranssen 0]

No, my husband is a US citizen.

[YuAndDan 153]

No, my husband is a US citizen.

Did you follow the VJ AOS guide? Include prof of US Citizenship, like copy of birth cert, or passport?

http://www.visajourney.com/forums/index.ph...page=i130guide2

[akfranssen 0]

No, my husband is a US citizen.

Did you follow the VJ AOS guide? Include prof of US Citizenship, like copy of birth cert, or passport?

http://www.visajourney.com/forums/index.ph...page=i130guide2

Yes, we followed all of the guidelines and submitted all supporting documents eg. showing proof of citizenship).