HELP!! What is going on?

D

desi74

Registered Users (C)
My husband and I got married in the US last year. His employment-based I-485 was still pending when he applied for my I-485 as well. His case got approved soon after he filed for mine and got his passport stamped. (His physical GC was lost before he got it and he has filed for a replacement.)

I had my I-485 interview in Baltimore office in July, 2005. The officer was very nice and during the interview he said, "Your case is categorized as employment based but since your husband filed for you on the basis of your marriage, its a marriage-based case. I'm sorry we have it categorized wrong." And then he changed the code on the file to show that it was marriage based, took my fingerprint and signature and told me that he was basically gonna approve my case but since the visa numbers had run out for my category, I'll have to wait till October, 2005 at maximum to get the processing completed.

Now October has passed and today I called USCIS Customer Service to see if maybe they had any word on the case. Now here is the strange part...the people there told me that how can your husband apply for your I-485 when his was still pending? And they kept saying that yours is an employment-based case and there should have been an I-130 filed for you.

My questions are,

1. Is it true that he could not file for me while his I-485 was still not approved? If that is so, how come his lawyer nor anyone at USCIS ever point this out?

2. How is my case employment-based?

3. How could he file an I-130 for me when he himself was not a permanent resident or citizen at the time my case was filed? Or were we supposed to file I-130 after his case got approved?

4. What should we do now? Should we go talk to the Baltimore people and ask them to sort this out?

Please, PLEASE someone reply soon....I'm going crazy thinking that something is terribly wrong even though there was never any problem. Thanks.

Mrs. Ram
 
desi74 said:
My husband and I got married in the US last year. His employment-based I-485 was still pending when he applied for my I-485 as well. His case got approved soon after he filed for mine and got his passport stamped. (His physical GC was lost before he got it and he has filed for a replacement.)

I had my I-485 interview in Baltimore office in July, 2005. The officer was very nice and during the interview he said, "Your case is categorized as employment based but since your husband filed for you on the basis of your marriage, its a marriage-based case. I'm sorry we have it categorized wrong." And then he changed the code on the file to show that it was marriage based, took my fingerprint and signature and told me that he was basically gonna approve my case but since the visa numbers had run out for my category, I'll have to wait till October, 2005 at maximum to get the processing completed.

Now October has passed and today I called USCIS Customer Service to see if maybe they had any word on the case. Now here is the strange part...the people there told me that how can your husband apply for your I-485 when his was still pending? And they kept saying that yours is an employment-based case and there should have been an I-130 filed for you.

My questions are,

1. Is it true that he could not file for me while his I-485 was still not approved? If that is so, how come his lawyer nor anyone at USCIS ever point this out?

2. How is my case employment-based?

3. How could he file an I-130 for me when he himself was not a permanent resident or citizen at the time my case was filed? Or were we supposed to file I-130 after his case got approved?

4. What should we do now? Should we go talk to the Baltimore people and ask them to sort this out?

Please, PLEASE someone reply soon....I'm going crazy thinking that something is terribly wrong even though there was never any problem. Thanks.

Mrs. Ram
Click to expand...

Basically the local-office has made a clerical error in classifying yours as Marriage-Based. Yours should have been classified as Employment-Based. In immigration lingua, your husband is E26 and you E27, assuming you are EB2 category.

With that background, please see my responses below.

1. It is true only if yours is Marriage Based. Since yours is Employment based, this is not true. He merely filed yours as a dependent to his primary Employment based Adjustment of Status (AoS).

2. By virtue of your husband's, which is Employment based.

3. Yes, he couldn't have filed I-130 at the time he filed for you. He can only file I-130, if yours is Marriage-Based and he was either a USC or an LPR. At the time of filing yours, he was neither a citizen (USC) or a permanent resident (LPR). That's why I stated yours was NOT an marriage based at the time of filing by your hubby.

4. Yes.
 
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