Sent I-485 to USCIS when we should have sent to the court

C

concernedhusban

New Member
Last October, my wife was put into removal proceedings for being out of status. She was on a student visa, and dropping out of school put her out of status. She was given a court date of May 24, 2011. Anyway, we ended up submitting I-485 and I-130 in November. My wife did her biometrics in January. Yesterday, we received a letter stating that the I-485 was denied because she is in removal proceedings. The I-130 is still pending. So here are my questions:

Will we have to file another I-485 and submit it to the judge on our court date of May 24? Or can we just provide a copy of the one we sent to USCIS? We are hoping that the judge will grant my wife adjustment of status due to our marriage. We really do not want to fill out another I-485 and pay the expensive fee that comes along with it. If we had to fill out another I-485 and pay the fee, does my wife have to do the biometrics all over again? Thank you for your time and replies.

Concerned Husband
 
Did she receive her ead if I may ask? How soon? I may have the same issue.
 
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Removal and I485 denied

I have similar sytuation.My husband is in Army right now in Afghanistan,4 small kids together.My I130 is approved.Im in removal proceeding because my status.I had master hearing and IJ told me he will terminate my removal after I will send I485 change my status and will show him receipt.I did what he wanted and my court date is in 2 months.I just got today notice from immigration they denied my I485 because Im in removal proceeding.Now I dont understand how I485 can be approved if you are in removal but how removal can be terminate if you not send I485.I dont know what decision IJ will make in 2 months?I want to reopen this case before court but this can help?
 
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