Spouse I485 case messed up after transfer to Boston

[GC_by_2003]

Forum members please help and advice on my spouse case. I think they have screed up my spouse case.

Case Background:

I am the primary applicant for I485 (employment based). My case was transferred to Boston and after interview I was approved on 7th April 2004. My wife is a dependent and derivative adjustee. Both of us are living in the US since 1999 (myself since March 99 and my wife since May 99). I applied for I485 in Jan 2002 (I485 RD 23Jan 2002), my wife applied for I485 two months latter in March 2002 (I485 RD 1st March 2002). She applied two month latter since she was in India at that time for vacation. My lawyer and company HR person said it's ok to apply separatly. All thorough out our GC journey we were never out of status. (my first H1B was from Oct98 to Sept 01 and her H4 was for the same period. My second H1B was from May 01 to April 04 and her H4 was for the same period)

Wife got her I485 transferred to Boston on 17 June 04 and got her interview letter on 12 July 04 and the interview date was 13Aug. 2004. She appeared for the interview. Interview went normal. After the interview the IIO said, he needs to investigate the case and if approved we need to come here (JFK building Boston) for stamping.


Since 48 days have passed since interview, last Friday, We went to Boston JFK building to make an enquiry as to what was happening in her case. We fixed an appointment online through infopass. When I enquired her case, the officer said that
" her case is pending because her I130 is not yet approved"
I was shocked from where that I130 (petition for Alien Relative) came from. We never applied for that - I also verified our I485 copies, we never filed for I130. I said her case is I485 derivative adjustee. He did not understand and said that is what the status in the computer says.

So my guess is since we applied for I485 separately and I was approved first (7th April 04), the IIO who reviewed her case must have thought that I have brought her form home country.

As I said before she lived with me in the US since May 1999. briefly she went for 2 months vacation in 2001 and in 2004(May and June). But her status was valid with H4 in 2001 and in 2002, she already filed her I485.


Question:
1. What you guys think must have happened for the mess up?
2. How do I fix it?
3. Person who went thorough similar experience, please post you details.


Please help and advice me on this. I am so frustrated.

Thanks

 

[TheRealCanadian]

I was shocked from where that I130 (petition for Alien Relative) came from. We never applied for that - I also verified our I485 copies, we never filed for I130. I said her case is I485 derivative adjustee. He did not understand and said that is what the status in the computer says.

Oh, charming. Yet another case of the US government doing private industry a favor by hiring those too stupid to work anywhere else.

You are going to need to yell and scream at USCIS. Your wife, as a derivative adjustee, does not require an immigrant petition of her own. That's the whole essence of being a derivative. This is immigration 101 here.

Send a letter to the District Director of Boston USCIS, briefly outlining your situation and emphasise that since your wife is a derivative, no I-130 has ever been filed, or could have been filed on her behalf. Request that her case be approved as soon as possible.

Send a copy to your local Congressman and get their liason working on the case with you. This is clear Service error.

 

[GC_by_2003]

TheRealCanadian

Thanks for your advise. I will write to District Director of Boston USCIS with all the proofs and also contact local congressmen.

Any one else has any other suggestions?

Thanks in advance