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Adjustment of status application package returned

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  • Adjustment of status application package returned

    I filed i-140 based on EB-NIW in April 2017 from the UK when I was single. I got married before my petition got approved. My husband lives in the US since last few years (never out of status). I did consular processing in the UK and came to the US last month as a permanent resident. Since my green card was approved after we got married, my husband is eligible to do adjustment of status as a derivative based on my approved i-140. We sent the application package with all the documents to USCIS and it was returned stating that either the applicants is ineligible or could not be located in the system.

    Has anybody been through such situation? I didn't update my marital status to USCIS after we got married but I have mentioned my marital status and details of my husband in form DS260 when I was doing consular processing.

    Any help on this would be greatly appreciable.

    Many thanks

  • #2
    Originally posted by hemamahh View Post
    I filed i-140 based on EB-NIW in April 2017 from the UK when I was single. I got married before my petition got approved. My husband lives in the US since last few years (never out of status). I did consular processing in the UK and came to the US last month as a permanent resident. Since my green card was approved after we got married, my husband is eligible to do adjustment of status as a derivative based on my approved i-140. We sent the application package with all the documents to USCIS and it was returned stating that either the applicants is ineligible or could not be located in the system.

    Has anybody been through such situation? I didn't update my marital status to USCIS after we got married but I have mentioned my marital status and details of my husband in form DS260 when I was doing consular processing.

    Any help on this would be greatly appreciable.

    Many thanks
    Did he file I-485 after you entered the US? Did he attach a copy of your I-140 approval and a copy of your green card (or equivalently, your immigrant visa after it was stamped upon entry)? Did he select I-140 on the I-485?

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      Originally posted by newacct View Post
      Did he file I-485 after you entered the US? Did he attach a copy of your I-140 approval and a copy of your green card (or equivalently, your immigrant visa after it was stamped upon entry)? Did he select I-140 on the I-485?
      Many thanks for your reply.

      Yes, we did include a copy of my i-140 approval, a copy of my stamped immigrant visa and our marriage certificate. When I filed i-140 we were not married but we got married before its approval. I didn't update my marital status to USCIS but did mention in DS260 form. Do you know if the DS260 form information is updated to USCIS too? I wonder if the USCIS system has my status as single.

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