I applied for I-130 and I-485 while I was in F1 status but the IO denies my case Please help!!

[Maii]

My current case situation scenario is as below:

 

I was in F1 status when I married my husband who is a permanent resident (Green card) holder.

 

My F1 Status was valid till December 5, 2013 under OPT (Optional Pratical Training). 

 

My husband filed for my I-130 in August 6, 2013 and got approved on Dec 3, 2013.

 

I filed my I-485 on September 17, 2013. I received my EAD card on November 12, 2013. 

 

We were called in for I-485 interview on January 16, 2014. 

 

The immigration officer who interviewed asked us relationship questions which went well. He then asked me about my status and I told him I have my OPT valid till December 5, 2013 and now have my EAD card. 

 

He told us that even though I was not in status right now I still have the 180 day grace period within which he needed to get my I-130 from another office in Chicago, which may take 2 weeks and he would approve my case. 

 

He later called me and said that since I am out of status from December 5, 2013 my case will be denied. I was in status before my I-130 was approved. We tried to explain everything to him but he did not buzz.

 

My priority date is current. I fall under F2A. 

 

 Priority date is Aug 06 2013 

 

Do I still have to maintain my status during the I-485 decision process? 

 

Is there any other way I can re-appeal my case or to get my case approved? 

 

Thank You

[pontevecchio]

Stop wasting time and call an Immigration Lawyer and ask for help.

[sj45]

Please keep up posted.. Will be very helpful.. I am exactly on the same situation as you.. Really Appreciate your inputs... Thank you and BEST OF LUCK!!