I-485 Returned - Visa not immediately available for Priority date

[dsachik]

Hello,



Last month we've submitted an AOS (I-130,I-130A, I485, I-765, I-864) package for my wife, who is currently here on an F1 Visa. (I'm a US Citizen) A few days after USCIS received the package, I received notice that the I-130 has been accepted, and the form fee was withdrawn from my credit card.



Yesterday we received form I-485 back, stating that "Based on the information you provided, a visa is not immediately available for your priority date. USCIS will accept Form I-485, from family sponsored or employment based applicants according to the monthly Visa Bulletin.



I'm confused, as I thought that immediate family members (spouses) of U.S. Citizens are exempt from the priority date bulletin as they're not subject to the annual immigrant visa quota. Is there anything i'm possibly missing in my understanding of the AOS process for spouses of US Citizens? Did I fill out form I-1485 incorrectly, and the immigration officers did not categorize her as a spouse of a US citizen, or was a mistake made on their part?



My wife entered the US on a tourist Visa in 2015, and was granted AOS to an F1 Visa before we met. I met her when she was on an F1 Visa, and we got married after a couple of years. Due to health issues she stopped going to school a few months after we were married, and her F1 visa should've lapsed, although we're not 100% sure as to when exactly her status ended. We filled the AOS package about 6 months after her F1 visa should've lapsed and she stopped going to school.



Any help would be greatly appreciated!



Thanks,

Dennis

[UScitizenFilingforspouse]

Hello,



Last month we've submitted an AOS (I-130,I-130A, I485, I-765, I-864) package for my wife, who is currently here on an F1 Visa. (I'm a US Citizen) A few days after USCIS received the package, I received notice that the I-130 has been accepted, and the form fee was withdrawn from my credit card.



Yesterday we received form I-485 back, stating that "Based on the information you provided, a visa is not immediately available for your priority date. USCIS will accept Form I-485, from family sponsored or employment based applicants according to the monthly Visa Bulletin.



I'm confused, as I thought that immediate family members (spouses) of U.S. Citizens are exempt from the priority date bulletin as they're not subject to the annual immigrant visa quota. Is there anything i'm possibly missing in my understanding of the AOS process for spouses of US Citizens? Did I fill out form I-1485 incorrectly, and the immigration officers did not categorize her as a spouse of a US citizen, or was a mistake made on their part?



My wife entered the US on a tourist Visa in 2015, and was granted AOS to an F1 Visa before we met. I met her when she was on an F1 Visa, and we got married after a couple of years. Due to health issues she stopped going to school a few months after we were married, and her F1 visa should've lapsed, although we're not 100% sure as to when exactly her status ended. We filled the AOS package about 6 months after her F1 visa should've lapsed and she stopped going to school.



Any help would be greatly appreciated!



Thanks,

Dennis

To me, it sounds like whoever handled your AOS package is new or confused. You want USCIS to know about this, though. It's a training issue and whoever made this mistake, will continue to make it until someone complains.

You can complain to the Ombudsman, the office of the inspector general, to your Senator. I would probably enlist the help of your Senator's office to send the package again, and for them to make sure that it is not returned. They will send a congressional inquiry. Note that I said Senator and not congressperson.

[dsachik]

To me, it sounds like whoever handled your AOS package is new or confused. You want USCIS to know about this, though. It's a training issue and whoever made this mistake, will continue to make it until someone complains.

You can complain to the Ombudsman, the office of the inspector general, to your Senator. I would probably enlist the help of your Senator's office to send the package again, and for them to make sure that it is not returned. They will send a congressional inquiry. Note that I said Senator and not congressperson.

I just double checked, and on the I-485 Part 2 section 1.a. I have "Immediate relative of a U.S. Citizen, Form I-130", so I'm sure we didn't select the wrong category, as I started second guessing myself.


I will contact USCIS first thing in the morning on Monday and request to talk to a Tier 2 officer... I will also contact my Senator's office to see if they can be of any help with this. It looks like they've broken up my packet a bit, and also send me back the unsealed I-693...When I send it back to them. Do I have to put it back together the way it was originally, or can I send them the stapled documents the way I received them...Also, will I have any trouble with sending the unsealed I-693?



Thank you!

[UScitizenFilingforspouse]

I just double checked, and on the I-485 Part 2 section 1.a. I have "Immediate relative of a U.S. Citizen, Form I-130", so I'm sure we didn't select the wrong category, as I started second guessing myself.


I will contact USCIS first thing in the morning on Monday and request to talk to a Tier 2 officer... I will also contact my Senator's office to see if they can be of any help with this. It looks like they've broken up my packet a bit, and also send me back the unsealed I-693...When I send it back to them. Do I have to put it back together the way it was originally, or can I send them the stapled documents the way I received them...Also, will I have any trouble with sending the unsealed I-693?



Thank you!

I can't predict whether you will have any trouble or not. This is USCIS error, and it would be good for all those entities that I listed to know what circus the Chicago lockbox and NBC are. I would stop by the Senator's office and show them what they did to your package. I do not think that you should have to pay for another medical exam.

Please keep us posted. All the best,

USCFFS

[dsachik]

I can't predict whether you will have any trouble or not. This is USCIS error, and it would be good for all those entities that I listed to know what circus the Chicago lockbox and NBC are. I would stop by the Senator's office and show them what they did to your package. I do not think that you should have to pay for another medical exam.

Please keep us posted. All the best,

USCFFS

So I called USCIS and spoke to a Tier 2 officer today. The tier 1 operator, indeed acknowledged that a mistake was most likely made, considering my wife entered the US on a valid visa, and is in fact an immediate relative of a US Citizen. However, the tier 2 officer, although very nice, seemed a bit clueless.



After explaining my situation to him, his first response was that we have to wait for I-130 to be processed first, before we can file the I-485. After telling him all forms were filled concurrently, and that I was under the impression that we don't have to wait for the I-130 to be processed yet, he said that "Yes, as it turns out the USCIS does allow for concurrent filling" However, after pulling up our accepted I-130, he said that it was delayed, and hasn't been processed yet, and that we have to wait for it's status to change to "In progress" before re-filling the I-485 packet.



I thanked him for his time, and hung up his call, making sure to get his name and agent #. I can't say I'm satisfied with his answer, as he seemed to be a little misinformed, and his "answer" still doesn't explain why the rejection notice referenced a visa quota and an incorrect priority date(when these don't apply to an IR of a USC)



I will try to call them again tomorrow and speak with another Tier 2 officer to see if I'll get another answer. I'm also planning on contacting my local Senator's office to see if they can be of any help with this.



Thanks,

Dennis

[[email protected]]

Hello,



Last month we've submitted an AOS (I-130,I-130A, I485, I-765, I-864) package for my wife, who is currently here on an F1 Visa. (I'm a US Citizen) A few days after USCIS received the package, I received notice that the I-130 has been accepted, and the form fee was withdrawn from my credit card.



Yesterday we received form I-485 back, stating that "Based on the information you provided, a visa is not immediately available for your priority date. USCIS will accept Form I-485, from family sponsored or employment based applicants according to the monthly Visa Bulletin.



I'm confused, as I thought that immediate family members (spouses) of U.S. Citizens are exempt from the priority date bulletin as they're not subject to the annual immigrant visa quota. Is there anything i'm possibly missing in my understanding of the AOS process for spouses of US Citizens? Did I fill out form I-1485 incorrectly, and the immigration officers did not categorize her as a spouse of a US citizen, or was a mistake made on their part?



My wife entered the US on a tourist Visa in 2015, and was granted AOS to an F1 Visa before we met. I met her when she was on an F1 Visa, and we got married after a couple of years. Due to health issues she stopped going to school a few months after we were married, and her F1 visa should've lapsed, although we're not 100% sure as to when exactly her status ended. We filled the AOS package about 6 months after her F1 visa should've lapsed and she stopped going to school.



Any help would be greatly appreciated!



Thanks,

Dennis

[[email protected]]

Hello ,we applied same like you for my family and we also received I 797c rejection letter stating same like yours “visa not available immediately for your priority date”.I 130 is approved and fee has been withdrawn.I really appreciate of you can give suggestions what should I do now??

[celosia89]

Hello ,we applied same like you for my family and we also received I 797c rejection letter stating same like yours “visa not available immediately for your priority date”.I 130 is approved and fee has been withdrawn.I really appreciate of you can give suggestions what should I do now??

As same situation, I wrote the letter point out on website that my priority current, so they accept it in the second time