485 Denial

[DesertRat]

I am a U S citizen I have applied for my wife who is from Mexico, I have filed the 130,485,485 A supplement,864 etc... Well I recieved in the mail that the 485 was rejected because of the priority date, Being that I am sponsoring my wife who is here living with me shouldn't she be eligible immediately for her G. C. ? She overstayed her Visa and I paid the $1000 fine, all the forms were filed together, I have not recieved any notice on the 130 Form Status, She had the Physical exam etc.. completed also and that was filed ,basicly everything all forms were filed together by our paralegal and I am confused as why the 485 was denied, could it be the USICS made the mistake that she was filing for the 485 on her own and not realizing I am the petitioner? What do we need to do? Shouldn't she be eligible for her GC? Anybody have this happen to them? Any advice is appreciated

[emiko]

What $1000 fee?
Dude, ur lawyer sucks. Get a new one or just do everything urself. If u paid ur lawyer to work on this, he/she should not have made this mistake. And u wouldnt have to go online and ask us.
Anyway, I'm scared that ur lawyer is trying to rip u off with the $1000 fee

[DesertRat]

The $1000 fine was for overstay, that is filed on I 485 Supplement A .

[LucyMO]

this supplement is not applicable in cases of USC spouses, because their illegal stays are forgiven at the time of adjudications. Hence, it was $1,000 wasted.
Now, about the other matter - there have been two cases like yours lately when USCIS didn't "see" I-130 in the same package with I-485 and sent the I-485 package back to the petitioner.
Did USCIS cash the checks and deny your I-485, or did they just send everything but I-130 back to you?

If it's the latter, wait till you get a notice of receipt for I-130, make a copy and put it into the AOS package again. Send it to the CHicago lockbox again - with a COVER letter. If it's the former, file a motion to reopen and provide proof that you are a USC.

http://boards.immigration.com/showthread.php?t=287697

[Rosie74]

LucyMO is correct.
Your lawyer made you pay $ 1000.00 for nothing. The overstay is "forgiven" when the immigrant marries a US Citizen.

Now, was the I485 denied, or rather rejected? If it was rejected just wait for the I-130 like LucyMO said and re-send everything.

And fire your lawyer...

[DesertRat]

The 797C says based on the info you provided your priority date does not appear to be current,Please refer to the Visa Bulletin..... to determine the availability of immigrant visa numbers in your immigration category.... The form says Rejection Notice.

[Rosie74]

It looks like they didn't receive (or didn't see) all applications filed together, that's why they're rejecting the AOS papers. As soon as you receive the I-797C NOA for the I-130 petition, make a copy and re-send the rest of the papers, or have your lawyer do so.

[LucyMO]

did you include proof that you are a USC?
I still didn't get whether they sent your money and forms back to you, or whether they cashed both checks for over $2,000?

[cherr1980]

Other thing, you do NOT use the form I-485i that form does not apply your wife, you must use the current form I-485 that's it, without any supplement since that does not apply in your case. Did they cash the $1000 too?

[DesertRat]

they haven't cashed any of the money orders yet, only thing I recieved back in the mail were the rejection notices for the 485 and the 765, I didn't get back the money orders with the notices. Yes I sent proof that I am a citizen ,birth certificate etc..

[LucyMO]

since they didn't send back the forms or the MOs, I think you can assume that they will cash them. I'd call USCIS anyway - and bitch a lot, asking where your forms and money orders are, since you are a USC. Do not talk to the first clerk, ask to speak to an immigration officer.