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I130 approved but 485 denied...

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  • I130 approved but 485 denied...

    Okay, its been so frustrated for us. We went to the interview and they denied the form I485 but they approved I130. The reason they denied was that while waiting for the I485 result, I went back to Vietnam and I used visitor visa to enter to the USA two time which conflict with the application of I485, they considered that I abandoned the I485 application. I have should applied for the reentry permit but I thought I might wait until the result.
    Anyway, the officer gave us the letter of I130 approved and mark on the section that I was still in the USA and I should apply for the adjustment status within 30 days. Now thing been going on a lots in my family and I had to go back to Vietnam , I did not file the I485 and it passed 30 days period.
    Then I received the notice from USCIS saying that they approved I130, and asked me if I wanted to file I485 while in the usa or decided to file out side the USA.
    What should I do now? I still have my visitor visa valid to enter to the USA, can I use the visitor visa to enter the USA again then file I485 ?? or I have to apply from Vietnam? They asked if the petitioner decided to file out side the USA then we have to file I824??

    Please give me advices . I am very appreicated your help.
    Thank you so much

  • #2
    sorry to hear that you wasted $1070 on the i-485 if you had planned to leave the country while it was pending, you should've asked or looked it up before traveling.

    come to the US with your Visa if they let you get in because immigration is going to see that you previously try to adjust your status, on that note i would suggest you apply from your country.

    but if you do get in, apply for i-485 again and of course DO NOT TRAVEL unless they approve I-131 advance parole.

    good luck

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