I-485 filled at Incorrect service center

R

rzaffar

New Member
Hi Guys,

I am a green card holder and filled for adjustment of status for my wife on August 4th, 2008.
My wife had an M1 visa that expired on February 12th. Her 180 days expired on August 10th.
The problem I have is that I applied at the Nebraska service center instead of Chicago lock box. I sent the application thru FedEx and have the confirmation signature that they received it.
Will they send it to the correct service center or will they return the application back?
Will I be able to justify that I applied before her 180days were over?
any help will be appreciated.
 
rzaffar said:
I am a green card holder and filled for adjustment of status for my wife on August 4th, 2008. My wife had an M1 visa that expired on February 12th. Her 180 days expired on August 10th. ... Will I be able to justify that I applied before her 180days were over?
Click to expand...

If your wife is filing under FB2, there is no 180 days, since she is not eligible for 245k relief.
 
What is FB2?
We filled for I-485 based on approved I-130.
I confirmed that she had 180 days through a lawyer.
My question is if they will forward the application to the correct service center or will they send it back to me.
 
rzaffar said:
What is FB2? We filled for I-485 based on approved I-130.
Click to expand...

If you filed based on an approved I-130 and you are a Green Card holder, then your wife is filing based on on Family Based Second Preference, or FB2.

I confirmed that she had 180 days through a lawyer.
Click to expand...

Unless there's something else you haven't said thus far, your lawyer is wrong.

My question is if they will forward the application to the correct service center or will they send it back to me.
Click to expand...

Based on what I've seen, your wife's I-485 will be rejected based on a failure to maintain valid non-immigrant status.
 
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