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krzylo

B1/B2 I-130 Pending and I-485

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In April 2018 my wife and children (both US citizens) decided enough is enough of living overseas and insisted on moving back to the USA. I had no intention of living here at the time but my wife insisted on applying for immigrant visa for me should I change my mind. After much debate I caved in and she filed the I-130 petition for me. In August 2018, however, they decided to pack house and move. So I accompanied them on a B1/B2 visa that I had with the intention to help them settle down. It was taking a lot of time to get things settled here so my wife urged me to file I-485 to adjust my status here. In September 2018 after arriving in the USA I filed I-485. After filing the I-485 I learned that if I exit the process of adjustment of status will be abandoned. So I filed for I-765 and I-131. Now, long story short it has been a long agonizing wait and finally a year after the filing of the I-130 a few days ago (May 2019) I got an action notice stating that the I-130 is approved and that it has been forwarded to the National Visa Center so that they can send it to an consulate  for me to obtain an entry visa.

a) why is the I-130 being sent to the NVC and not to some local USCIS office as my I-485 is already filed and received by USCIS?

b) will I have to exit the USA and go to some consulate somewhere to obtain an entry visa?

c) was it wrong to file I-485 while on B1/B2 visa?

Thanks for your advice.

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Your story is lacking some details. You should mention meaning of where were you, your wife, moving where to where, settlement, pack house to where...etc.

The story may be clear to you but once you post it you have mention whether you are out of country or not living with family....First part of first paragraph is very confusing.

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19 hours ago, krzylo said:

In April 2018 my wife and children (both US citizens) decided enough is enough of living overseas and insisted on moving back to the USA. I had no intention of living here at the time but my wife insisted on applying for immigrant visa for me should I change my mind. After much debate I caved in and she filed the I-130 petition for me. In August 2018, however, they decided to pack house and move. So I accompanied them on a B1/B2 visa that I had with the intention to help them settle down. It was taking a lot of time to get things settled here so my wife urged me to file I-485 to adjust my status here. In September 2018 after arriving in the USA I filed I-485. After filing the I-485 I learned that if I exit the process of adjustment of status will be abandoned. So I filed for I-765 and I-131. Now, long story short it has been a long agonizing wait and finally a year after the filing of the I-130 a few days ago (May 2019) I got an action notice stating that the I-130 is approved and that it has been forwarded to the National Visa Center so that they can send it to an consulate  for me to obtain an entry visa.

a) why is the I-130 being sent to the NVC and not to some local USCIS office as my I-485 is already filed and received by USCIS?

b) will I have to exit the USA and go to some consulate somewhere to obtain an entry visa?

c) was it wrong to file I-485 while on B1/B2 visa?

Thanks for your advice.

1. They sent it to NVC because on the I-130 it indicated consular processing instead of AOS. Since you filed I-485 they will eventually move it back to USCIS. You don't need to do anything about it.

2. No. Do not leave the US or you will abandon your AOS and have to go through a long consular processing process abroad.

3. Some people discourage it because it could raise suspicions of fraud or misrepresentation. From your description, it does not seem like there was fraud or misrepresentation when you came intending to only accompany them temporarily while they settled down.

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12 hours ago, care_candidate said:

Your story is lacking some details. You should mention meaning of where (Persian Gulf) were you, your wife (an USC, Persian Gulf), moving where (Persian Gulf) to where (USA), settlement (USA), pack house to where (USA)...etc.

DETAILS:

I was living and working in the Persian Gulf and my wife (USC) and children (USC) were living with me. My children were growing up and coming of age where they need "life" and "space" which is nonexistent in the Persian Gulf for children at least. Anyone who has  been there knows that it is just beaches, desert and malls. I myself never ever thought of moving to the USA nor was I even willing to consider it. Personally, even though my family used to come here on vacation every now and then I never accompanied them. It just did not appeal to me to travel so far for a few weeks, or for a month at best, when I could easily have a shorter trip to somewhere closer like Europe where I have family and friends. In fact, I always thought that someday when the time did arise for us to leave the Persian Gulf I'd go to back to Europe. Even before marrying her we had agreed that we would move to Europe. Mind you, a few years back a friend insisted that I apply for a B1/B2 visa just in case I need to rush to my family while they were visiting her family here. That is how I came to have a visa handy to accompany them to the USA. My wife and kids, however, didn't want to be bothered with learning a new language to live in Europe. So wanting to settle in an English speaking environment they came up with it's either UK or USA. Of course, they (wife and children) leaned towards the USA as they have parents/grandparents here, and I myself can't come to terms with UK now that they've opted for Brexit. When I accompanied  them here (USA) I still had a valid visa (Work Permit) to return back to the Persian Gulf as that was my intention. I still plan to go to the Persian Gulf someday in the future as I feel like a camel out of the desert (fish out of water) over here. My plan as mentioned was to settle them here and return back to my work while they could come to see me during their holidays, etc. However, upon arriving here settling them was not easy specially since the wife had not been living here for over a decade. It was good I was here to get the house, etc. and settle them in. 

The story may be clear to you but once you post it you have mention whether you are out (Yes) of country or not living with family....First part of first paragraph is very confusing. Yes, I was living with my family, and yes, it was outside the USA (in the Persian Gulf). My work permit for the Persian Gulf expired just a couple of months ago (March 2019).

 

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5 hours ago, newacct said:

1. They sent it to NVC because on the I-130 it indicated consular processing instead of AOS. Since you filed I-485 they will eventually move it back to USCIS. You don't need to do anything about it.

2. No. Do not leave the US or you will abandon your AOS and have to go through a long consular processing process abroad.

3. Some people discourage it because it could raise suspicions of fraud or misrepresentation. From your description, it does not seem like there was fraud or misrepresentation when you came intending to only accompany them temporarily while they settled down.

Thank you for your positive feedback and for a reassuring reply. As you rightly mentioned above I have no intention of fraud. I was ready, willing and able to leave within the 180 days allowed by the B1/B2 but everyone I spoke to advised me against exiting as I risk abandoning the I-485 process. Furthermore, I think in December 2018 my wife spoke to the USCIS help desk asking why it was taking such a long time as I was insisting on traveling to be with my mother who is very old and unwell, and the USCIS person clearly mention that my I-485 would be abandoned if I did so.

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On May 7, 2019 at 5:51 PM, newacct said:

2. No. Do not leave the US or you will abandon your AOS and have to go through a long consular processing process abroad.

3. Some people discourage it because it could raise suspicions of fraud or misrepresentation. From your description, it does not seem like there was fraud or misrepresentation when you came intending to only accompany them temporarily while they settled down.

I received email now stating that, "we denied your Form I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR ADJUST STATUS… We mailed you a decision notice that explains why we denied your case and your options. Please follow the instructions in the notice."

What is my next course of action? Is there a procedure to appeal or reapply? Thank you for your feedback and assistance. 

Edited by krzylo

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On 6/20/2019 at 4:25 PM, krzylo said:

I received email now stating that, "we denied your Form I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR ADJUST STATUS… We mailed you a decision notice that explains why we denied your case and your options. Please follow the instructions in the notice."

What is my next course of action? Is there a procedure to appeal or reapply? Thank you for your feedback and assistance. 

Wait until you get the denial notice to see what reason they claim to deny you, and post it here so people can see whether the denial was right or wrong. The course of action depends on what the reason is.

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On June 24, 2019 at 3:51 PM, newacct said:

Wait until you get the denial notice to see what reason they claim to deny you, and post it here so people can see whether the denial was right or wrong. The course of action depends on what the reason is.

Thank you for your reply. I received the notice of denial for the I-485. Unfortunately, I had not provided two passport photographs and a copy of my birth certificate as these were already with the I-130 application and I overlooked the need to include it along with this form. We had also not included the 1-864, affidavit of support with the application which I believe is required. So, I am now filling out the I-290B, Notice of Appeal or Motion. Since it states in 8CFR, section 103.2(b)(8)(ii) that they can request the missing initial evidence, we are going to ask that they do that. However, the I-130, which had all that same information attached to it, had already been approved, so I don’t see why they didn’t just request the missing documents. I am trying to do everything legally, I’ve been married for over a decade to a USC, and have children (USC), have even made a home here in the U.S. Has anyone filed an I-290B and can give some advice?

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They don't have to issue an RFE, they can deny cases outright if the documents are not there. You may want to get the help of a good immigration lawyer so that you don't overlook things the next time

 

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19 hours ago, krzylo said:

Thank you for your reply. I received the notice of denial for the I-485. Unfortunately, I had not provided two passport photographs and a copy of my birth certificate as these were already with the I-130 application and I overlooked the need to include it along with this form. We had also not included the 1-864, affidavit of support with the application which I believe is required. So, I am now filling out the I-290B, Notice of Appeal or Motion. Since it states in 8CFR, section 103.2(b)(8)(ii) that they can request the missing initial evidence, we are going to ask that they do that. However, the I-130, which had all that same information attached to it, had already been approved, so I don’t see why they didn’t just request the missing documents. I am trying to do everything legally, I’ve been married for over a decade to a USC, and have children (USC), have even made a home here in the U.S. Has anyone filed an I-290B and can give some advice?

I think they have started denying applications that have missing initial evidence, and both photographs and I-864 are initial evidence for I-485, not follow-up evidence. I think you can file a Motion to Reopen with I-290B since you have new evidence that was not submitted before; you would need to file that within 30 days. Another option would be to file a new I-485, which you are still eligible for.

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20 hours ago, JoeF said:

They don't have to issue an RFE, they can deny cases outright if the documents are not there. You may want to get the help of a good immigration lawyer so that you don't overlook things the next time

 

Thanks. Anyone you can recommend, perhaps, someone you have used?

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On June 26, 2019 at 1:40 PM, newacct said:

I think they have started denying applications that have missing initial evidence, and both photographs and I-864 are initial evidence for I-485, not follow-up evidence. I think you can file a Motion to Reopen with I-290B since you have new evidence that was not submitted before; you would need to file that within 30 days. Another option would be to file a new I-485, which you are still eligible for.

Thank you kindly for your positive feedback. Shall update here and let all know the outcome of the I-290B.

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On 6/26/2019 at 6:48 PM, krzylo said:

Thanks. Anyone you can recommend, perhaps, someone you have used?

You are posting on a forum run by a good law firm.

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Update:

Hi all, thanks to prayers, I was notified by email that my I-290B filing has been approved and the rejection of the I-485 has been lifted. I await further instructions from USCIS by post. Shall keep you posted.

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Hi all, I have been reissued my passport as it had expired. Do I need to send in a copy of the new passport page showing new number, etc. to the USCIS now that the I-485 is under process?

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a quick update subsequent to filing a I-290B:
a) was asked to submit the I-693.
b) an interview was scheduled and completed, however, the officer did not have my I-130 in his docket but could see it online. He declined to adjudicate until he received the hardcopy of the I-130.
c) I received an email that my case was updated and the card was in production and will be mailed to my given address. Praise the Lord! I believe it is finally done. All in all it took 18 to 19 months.

Lesson: do concurrent filing of I-130 and I-485.

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