I-485 Rejection Notice

[JJBBKK]

Hi All,

one of my friends has filed himself I485 petition (including the 765, 131) and received a Rejection Notice several weeks later with the following language:

"The entire application package you filed along with any fees you submitted is being returned to you for the following reasons:
- The principal application could not be accepted for the reason speceified on the related NOA 797. Please correct the flawed application and resubmit the application package with the appropriate fees and supporting documents to address below.
- Based on info you provided, your priority date coulnd not be established. Please resubmit your application with the proper documentation to address listed below.
The following documents may be provided:
Your original Form I130
Your original Form I360
A copy of your Form I979 if petition has already been approved.

This is such a generic rejection notice and only speaks in circles, it doesnt get to the point why exactly its was rejected. The petitioner followed all of the instructions and submitted the appropriate fees as directed on the 485 Instructions. Does anyone have any clue why this could have happened. Any ideas thoughts are much appreciated.

 

[VisaNutz]

It clearly says the reason why 485 was rejected is that they couldn't "establish priority date". Did your friend include an approval letter for the original petition with his 485 application?

 

[JJBBKK]

It clearly says the reason why 485 was rejected is that they couldn't "establish priority date". Did you friend include an approval letter for the original petition his 485 application?

Thanks for your response.
What do you mean by 'original 485 appilcation'? This is his first time filing i485 (hence it is the original one). Just to give a brief background to their case, the petitioner was here on a B visa and they married last year and just filed their i485 few months ago to adjust her status. Please advise if I am missing something. Thanks

 

[Triple Citizen]

Was an I-130 also filed?

Just to give a brief background to their case, the petitioner was here on a B visa and they married last year and just filed their i485 few months ago to adjust her status.

 

[JJBBKK]

Was an I-130 also filed?

No they have not. I am assuming they need to include I-130 application along with the original 485 package? Is that the issue here? Thanks

 

[Triple Citizen]

Yes

No they have not. I am assuming they need to include I-130 application along with the original 485 package?

 

[JJBBKK]

Yes

Thanks Triple Citizen. Another question - the petitioners visa is apparently set to expire in 3 weeks. Do you see any potential issues here?? They are going to re-submit today overnight.

 

[Triple Citizen]

No I do not see any issues. The I-485, once properly filed and accepted, will allow the I-485 beneficiary to stay in the US until the I-485 is adjudicated.

the petitioners visa is apparently set to expire in 3 weeks. Do you see any potential issues here??

 

[JJBBKK]

No I do not see any issues. The I-485, once properly filed and accepted, will allow the I-485 beneficiary to stay in the US until the I-485 is adjudicated.

Your responses are appreciated.

 

[Triple Citizen]

Welcome.

Your responses are appreciated.

 

[VisaNutz]

By original petition, I meant an I-130. You need to include with 485 either the I-130 if filing concurrently, or an I-130 approval letter.
Now it looks like your friend didn't even send 130 with 485. It's also evident that your friend does not have the slightest clue about AOS, she should consult an attorney.

Another question - is your friend's husband a US citizen? If the husband is not a USC, she can't file 485 concurrently.