Adjustment of status for my wife and daughter

[johnb28]

Hello everyone, I am in a very desperate situation and need help clearing things up.

I have an approved I-130 since the year 2008 (my father is a USC). In the waiting time for my priority date to arrive I got married (in 2011) and now have a daughter (born in 2013).

We (the 3 of us) came to the US in December 2016 with a tourist visa. We applied for adjustment of status because my priority date came up in the visa bulletin but my spouse and daughter are not listed in my I-130. I have people from a filing center with decades of experience telling me that everything is good with our forms and that this is the way to do this. My I-485 is in process since 03/08/2017 and I had my Biometrics taken in 03/30/2017, but my wife's and daughter's I-485 has been returned today for the 4th time stating that:

"it is being returned for the following reasons: 'Based on the information you provided, your priority date could not be established. Please resubmit your application with the proper documentation to the address listed on the bottom of this notice.
The following documents may be provided:
Your original Form I-130 if you are filling concurrently; or
A copy of your Form I-797 if the I-130 petition has already been filed/approved; or
other evidence that an immigration visa petition has been filed/approved on your behalf' "

I need to know if we should be filling in a different way than what is suggested by the filling center we paid.
Do I need to update my own I-130 so that they are listed there?
My I-485 is in process, can I wait for my interview and add them there?
Should I wait until my GC is approved to file for them?
Any other advice would be most helpful.

Thanks.

[newacct]

What is your priority date?

[johnb28]

What is your priority date?

My priority date is 11/14/1994

[newacct]

Were you and your wife born in Mexico or the Philippines or some other country?

[johnb28]

Were you and your wife born in Mexico or the Philippines or some other country?

Yes, the 3 of us were born in Mexico.

[newacct]

I agree that with that priority date and F3 category and Mexico, they should have been able to file AOS any month this year. Maybe they should just file it again, with copies of your I-485 receipt and I-130 approval (to establish priority date), along with proof of each of their relationships with you. Make sure they selected application type B on their I-485s.

[johnb28]

I agree that with that priority date and F3 category and Mexico, they should have been able to file AOS any month this year. Maybe they should just file it again, with copies of your I-485 receipt and I-130 approval (to establish priority date), along with proof of each of their relationships with you. Make sure they selected application type B on their I-485s.

Thank you for your quick response. Indeed we had that clear since the last months of last year, that the priority date is ready for our F3 category. We have included my I-485 receipt proving that my AOS is in process (as it states in the I-485 instructions) along with my I-130 approval and proof of how they are related to me. We took special care with selecting type B on their I-485s.

So, we are out of options, everything should be ok, except that they keep returning it. I need to be clear about this before sending it back for the 5th time.

Thanks.

[scientist2016]

Have you tried Infopass at the local office, and try explaining your situation? Not that it would help, but may be... Since you have tried it 4 times already, why not try this option before you send in the application the next time?

[johnb28]

Have you tried Infopass at the local office, and try explaining your situation? Not that it would help, but may be... Since you have tried it 4 times already, why not try this option before you send in the application the next time?

I have not. I have just made an appointment for an Infopass so I can try this option, see if they can help me understand. I also sent a letter to the National Benefits Center, asking them to add my wife and daughter to my existing I-130, I'll just wait to see their answer.