Can GC holder wife file I-130/485 for husband who is in US last 11 months on B1, with expired I-94, awaiting I-539 extension decision

[newacct]

Thanks @newacct and so to rephrase, I don't accrue unlawful presence from past date when & if 539 is denied. Instead, only my B1 visa will be voided since I overstayed.

yes

You also suggested/wondered if 485 can be reopened. How? I consulted with a lawyer who said file 485 again with a request to "use discretion as leaving Part 2 Item 10 blank meant No by default and hence consider receipt date of my prior submission" - there is some legal case going apparently about blank fields/spaces. Your view?

I am not familiar with the rules for reopening and whether it can be done in this case

Also, you replied - " I-485 you file now would be valid if the I-539 is approved to Dec 2020" - does it mean if 539 is denied (in 2-4 weeks), then 485 will surely be rejected/denied later?

Yes, because you would have been out of status for more than 180 days (pending I-539 is not status), so 245(k) would not help.

 

[newbie1234]

Hi @newacct - seeking your help again.

I resubmitted 485 & 765 in early March (original submission in Nov 2020 was rejected due to "additional alien info required").
Got a letter from USCIS that original submission date will apply to all those who got 485 rejected due to missing Q9, 10 (addl alien info section).
Last week, $1225 debited on my credit card, and got an email - "fingerprint fee received" with receipt number. Am waiting for paper receipt in mail.

Today I received 765 rejection notice (incorrect fee) and surprisingly, all 485 supporting documents/photos (not the form)
For 765 rejection, I will have to file again with letter that it may be a mistake by USCIS as there is no fee if filed concurrently.
BUT why did they return 485 documents/photos, while keeping the 485 form and cashing $1225 ? Is it a mistake? Do I now expect RFE? Do I resubmit these along with a letter that these were mistakenly returned?