PLEASE HELP! I got rejection notice on I-130,I-131 and I-765 but they did not return I-485!

[rutti 0]

Hi,

A week ago my husband and I sent to the Chicago PO Box a package with a concurrent filing of forms I-130, I-485, I-765 and I-131.

Today I have received one package from the Chicago PO Box with three rejection notices, one for the I-130 and the other two for the I-131 and I-765 respectively.

Still for some reason the USCIS has kept only I-485 and they returned back I-130 with a letter saying that: 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.

For the other two forms (I-131 and 1-765) they attached letters saying:

The entire application package you filed along with any fees you submitted is being returned to you for the following reason:

The principal application could not be accepted for the reason specified on the related Notice of Action (Form I-797). Therefore the processing of al riding applications cannot continue.

Did anybody have similar situation? Should I Send I-130 alone to Nebraska? But what about I-131 and I-765? Shouldn’t they be together with the I-485?

The truth is that according to the instructions in the forms if you are concurrently filing for I-130 and I-485 you should send the whole package to the Chicago PO box. I am really frustrated and lost. I do not know what to do.

I would appreciate I someone could help me here. Thank you in advance!!!

[Dr_LHA 3]

Sounds bizarre, but perhaps some background to your situation might shed some light? Are you adjusting status based on marriage to a US Citizen? How did you enter the USA (i.e. on what visa)?

[rutti 0]

Sounds bizarre, but perhaps some background to your situation might shed some light? Are you adjusting status based on marriage to a US Citizen? How did you enter the USA (i.e. on what visa)?

I am adjusting status based on marriage to a US Citizen. We got married in Chicago in May and i have a visa waiver.

[rutti 0]

Hi,

A week ago my husband and I sent to the Chicago PO Box a package with a concurrent filing of forms I-130, I-485, I-765 and I-131.

Today I have received one package from the Chicago PO Box with three rejection notices, one for the I-130 and the other two for the I-131 and I-765 respectively.

Still for some reason the USCIS has kept only I-485 and they returned back I-130 with a letter saying that: 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.

For the other two forms (I-131 and 1-765) they attached letters saying:

The entire application package you filed along with any fees you submitted is being returned to you for the following reason:

The principal application could not be accepted for the reason specified on the related Notice of Action (Form I-797). Therefore the processing of al riding applications cannot continue.

Did anybody have similar situation? Should I Send I-130 alone to Nebraska? But what about I-131 and I-765? Shouldn’t they be together with the I-485?

The truth is that according to the instructions in the forms if you are concurrently filing for I-130 and I-485 you should send the whole package to the Chicago PO box. I am really frustrated and lost. I do not know what to do.

I would appreciate I someone could help me here. Thank you in advance!!!

I have been thinking about the case and I am wandering if the fact that I select h.

(Other basis of eligibility. Explain. If additional space is needed, use a separate piece of paper.), instead of a. in Part 2. Application type of the form I-485 could have make the difference.

I selected h. and explained: An immediate relative petition ( I-130,Sponsor:My husband, ……….., an US citizen) is being filed concurrently with this application.

Did someone have any idea?

[Kez/JWolf 6]

You selected the wrong category you should have selected A.... you will need to resend all the forms with the right category selected....

Kez

[Dr_LHA 3]

Yes, the category should be "A" if you are adjusting through marriage to a US Citizen, unless you came here on a K-1 visa.

Seems harsh that they would reject your form for ticking the wrong box. I'm not proud to admit that I also ticked "H", but the worst that happened to me is I was scolded for it by my interviewer.

[rutti 0]

Yes, the category should be "A" if you are adjusting through marriage to a US Citizen, unless you came here on a K-1 visa.

Seems harsh that they would reject your form for ticking the wrong box. I'm not proud to admit that I also ticked "H", but the worst that happened to me is I was scolded for it by my interviewer.

You have confirmed my fears. I understand now that i have to resend al the the package but USCIS did not send back the I-485, it looks like they kept it. I only received back the I-130, I-131 and I-765. It is really extrange.

What do you think? Should i collect again al the I-485 info and send everything again together? Is it possible they will cash two checks for I-485?

[rutti 0]

It looks like the envelope with the I-485 that Immigration should have sent back, got lost in the mail. I’ve received today a phone call form the county clerk where my husband and I got married saying that our marriage certificate copy (the one we sent to Immigration) has been sent to them, a mail officer may have found it. The rest of the envelope’s contents are missing. Meaning I will have to got the I-693 (Medical Examination) again between other things.

But at least I know now what happened to my I-485. I am free now to send the whole package again.

[John & Annie 0]

I would put a stop pay on the checks as well

[rutti 0]

We are going to do it today. Thank you!!!

[Dr_LHA 3]

It looks like the envelope with the I-485 that Immigration should have sent back, got lost in the mail. I've received today a phone call form the county clerk where my husband and I got married saying that our marriage certificate copy (the one we sent to Immigration) has been sent to them, a mail officer may have found it.

FYI - you only have to send a photocopy of the "certified copy", not an original.

[Jup1ter 2]

Okay... that is really worrisome to hear because everyone and their mom told us to check "H" and write "married" next to it. Even the USCIS helpline told us that. I know they're called the "no help line", but I thought they would be able to answer a simple question like that.

[Jup1ter 2]

Sorry for the double post, the forum won't allow me to edit my last post.

I just checked the I-485 and category A says "An immediately available immigrant number has already been approved..." etc and asks that you attach receipt of approval. How can anyone check A if they are submitting the I-130 at the same time as the I-485, i.e. not approved for the immigrant number yet?

I just realized that the wording is tricky... it says "Attach a copy of the the approval notice, or relative, special immigrant juvenile or special immigrant military visa petition filed with this application that will give you an immediately available visa number, if approved." In other words, "Attach... the... relative... visa petition filed with this application that will give you an immediately available visa number, if approved." Great. Is it me, or is that sentence confusing and leads people to not believe that category is applicable to them?

How many people have checked H and gotten through okay? After the stress of doing all the paperwork and scrambling for a foreign birth certificate and medical exam all in less than a week, I'll fall apart if our packet is returned to us.

[Dr_LHA 3]

Sorry for the double post, the forum won't allow me to edit my last post.

I just checked the I-485 and category A says "An immediately available immigrant number has already been approved..." etc and asks that you attach receipt of approval. How can anyone check A if they are submitting the I-130 at the same time as the I-485, i.e. not approved for the immigrant number yet?

Because your I-130 will be approved before your I-485 is approved. The wording is old, and hasn't been updated since they started allowing I-130 and I-485 to be concurrently filed. The answer is definitely A, as was confirmed to me by my interviewing officer.

[Kez/JWolf 6]

A is what we ticked when we filed the I-130 along with the AOS....

Kez