rejection notices from I-130/I-485 anyone help please?

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blz

Registered Users (C)
Hello a friend of mine filed I-130 package and I-485, I-864 for me!

Im a U.S. Citizen and got married in Honduras about a year and a half ago now im trying to bring my wife here to U.S.!

I mailed all papers last week on 1/19/10!

Today(1/29/10) I got everything back with the following rejection notices!

heres the info that each say!

NOTICE #1

I-130 - Petition for Alien Relative

The application/petition you filed along with any fee you submitted is being returned to you for the following reason(s):

The entire application package you filed along with any fees you submitted is being returned to you for the following reason(s)

The principal application could not be accepted for the reason(s) specified on the related Notice of Action(Form I-797). Therefore the processing of all riding applications cannot continue.


NOTICE #2

I-485- Application to Register Permanent Residence or Adjust Status

On the attached application you listed a foreign address. This application may not be filed by an applicant who resides outside the U.S. Therefore, it cannot be processed and is rejected.

If you reside in the U.S., please resubmit the application listing your U.S. address, with proper fee and supporting documentation.


now my questions are:

I really dont get notice #1 is that just saying to check notice #2 or something can someone explain?

Now for Notice #2 do I just put my current U.S. address and not use my wife current address outside of the U.S. even though shes not here yet?

I would like to get any help so I can mail back the application asap! . thanks
 
I'm sure you can file I-130 and I-485 together only if your spouse is already in USA. Check the I-130 instruction.
that's all I know.
 
The I-485 was rejected because your wife isn't already here in the US.

Refile the I-130, specifying the closest US consulate in Honduras in question 22. Once the I-130 is approved, your wife will then interview for the green card at the consulate in Honduras, and will have to do a medical exam and give fingerprints. Upon approval she will get an immigrant visa stamped in her passport which will allow her to enter the US. No I-485 is to be filed in her case, because she will be following the process outside the US.

In addition, before refiling anything, I would suggest a one-time consultation with an attorney to advise you on all the paperwork and steps you need to follow. And I don't mean having the attorney handle the case end-to-end which would cost more than $1000, I mean sitting down with you for 30 minutes to an hour to educate you on the process, and then you gather the paperwork and file it on your own. Most people are able to complete the process without an attorney, but the fact that you filed the I-485 with her outside the US shows that you have a lot to learn before filing it.
 
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Thanks for the tips! so should I just resend the I-130 form that was sent back or should i just start a new form! im gonna go with the one time consultation with an attorney.
 
blz, you need to start a new form since you need to indicate on the form (page 2) that your wife would apply for immigrant visa through consular processing at a US embassy in Honduras.

Also, regarding attorney consultation - although it won't hurt, and likely that it will help, you can easily do everything on your own and save the fees. If your case is straight forward, you can EASILY do it yourself. Besides, your wife is outside USA so an attorney can only help you fill out the forms and not much more.

All the resources are in this forum and many, many people have done it themselves.
 
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Thank you for the tips guys! ... It really helps... I actually got all my paper work done by a friend that does immigration papers but I really dont know how she messed up big time and filed the application thinking my wife was already here in the U.S. because she told me to send all the forms at the same time with the fee for both the I130 and I485 that is a total of $1365... so after double checking all the info in the I130 everything looks good but the info on question #22 someone mention and I need to put the closest US consulate in Honduras!
 
blz said:
Thank you for the tips guys! ... It really helps... I actually got all my paper work done by a friend that does immigration papers but I really dont know how she messed up big time and filed the application thinking my wife was already here in the U.S.
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That's all the more reason you need to start with a fresh I-130 and fill it out yourself. Ask questions here if something is unclear.
because she told me to send all the forms at the same time with the fee for both the I130 and I485 that is a total of $1365...
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No I-485 is to be filed, so the check needs to be much less than that.
 
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VisaNutz said:
Also, regarding attorney consultation - although it won't hurt, and likely that it will help, you can easily do everything on your own and save the fees. If your case is straight forward, you can EASILY do it yourself.
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In most cases I would tell people to just go ahead and do it without an attorney ... but in this case it seems the OP has so many gaps in his immigration knowledge (probably because he is a born US citizen who never had to deal with US immigration before), that it probably would be worth it to spend a couple hundred dollars for a one-time attorney consultation. One small mistake can cost him and his wife several months of waiting, so having the attorney listen to his story and review the paperwork to tell him what is wrong and what is missing and what is not needed could be a big savings in the long run.
 
k guys I double checked everything and fill out a new I-130 and everything looks good.. now I have another question! do you guys think ist a good idea to send form I-134 and I-864 with my I-130?
 
OP, you need to read the instructions and get a clear idea about the process. I-130 does not ask you to send I-864. So, just send the I-130 and supporting documents. You will send I-864 to NVC (National Visa Center) once the I-130 is approved and the case is forwarded to NVC. You will be notified once that happens.
 
blz said:
k guys I double checked everything and fill out a new I-130 and everything looks good.. now I have another question! do you guys think ist a good idea to send form I-134 and I-864 with my I-130?
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Dude, either see a lawyer, or do a lot of research (starting with, but not limited to, thoroughly reading the instructions for every form) before you send in the papers, otherwise you're likely to make a very painful mistake or omission due to the gaps in your immigration knowledge.
 
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