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Hi Guys, wish you guys have a great Sunday!
I need some advice, here is the story:
- I'm USC and filed i-485 for my spouse who came to visit me on B2.
At the time of filling, I filed I-130, I-485, I-765, I-131 for my spouse and file i-130 stand-alone for my stepson who is minor & living oversea.
After 2 weeks, we received I-130, I-485, I-765, I-131 receipts for the spouse,
BUT FOR OUR SON, USCIS rejected and return package saying "Your I-130 form is being returned because the eligibility you filed under requires that you file an I-485 also, please resubmit both forms and the appropriate fees in order to continue processing"
So we resubmitted forms I-130, I-485, I-765, I-131 for our son and got all receipts after 2 weeks, next we got his biometric appointment so our son came to US on B2 to get it done, and he stays in US with us until the present. We used AP to travel outside US once.
- Finally, we done our interview, my spouse got approved on spot but my son was under reviewed.
Yesterday, my spouse received a green card and my son got 2 notices, i-130 approved and i-485 denial noticed, the reason was "he was not physically present in US at the time of filling", the notice said we may not appeal, we may file a motion to reopen or leave US within 33 days.
- My questions are below
We couldn't find an option to refile in the denial notice, is it always a chance to do so?
If he can refile,
Will he meet the requirement of "proof you have continuously maintained a lawful status since arriving in the U.S"?
ecause he came to US on B2 in 2018 so Visa the stay were expired, but travel outside US using AP card gave him a Parole stamp on passport until Aug 2020.
Is he a principal applicant when we refile or still a derivative applicant? because I found forms I-485 has different filling information @ part II
Has anyone a similar case, appreciate your inputs, thank you!
Good luck to all who are still waiting.
I need some advice, here is the story:
- I'm USC and filed i-485 for my spouse who came to visit me on B2.
At the time of filling, I filed I-130, I-485, I-765, I-131 for my spouse and file i-130 stand-alone for my stepson who is minor & living oversea.
After 2 weeks, we received I-130, I-485, I-765, I-131 receipts for the spouse,
BUT FOR OUR SON, USCIS rejected and return package saying "Your I-130 form is being returned because the eligibility you filed under requires that you file an I-485 also, please resubmit both forms and the appropriate fees in order to continue processing"
So we resubmitted forms I-130, I-485, I-765, I-131 for our son and got all receipts after 2 weeks, next we got his biometric appointment so our son came to US on B2 to get it done, and he stays in US with us until the present. We used AP to travel outside US once.
- Finally, we done our interview, my spouse got approved on spot but my son was under reviewed.
Yesterday, my spouse received a green card and my son got 2 notices, i-130 approved and i-485 denial noticed, the reason was "he was not physically present in US at the time of filling", the notice said we may not appeal, we may file a motion to reopen or leave US within 33 days.
- My questions are below
We couldn't find an option to refile in the denial notice, is it always a chance to do so?
If he can refile,
Will he meet the requirement of "proof you have continuously maintained a lawful status since arriving in the U.S"?
ecause he came to US on B2 in 2018 so Visa the stay were expired, but travel outside US using AP card gave him a Parole stamp on passport until Aug 2020.
Is he a principal applicant when we refile or still a derivative applicant? because I found forms I-485 has different filling information @ part II
Has anyone a similar case, appreciate your inputs, thank you!
Good luck to all who are still waiting.
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