Incomplete/denied application

[Drmallik]

Hi, we are applying for adjustment of status for my MIL from visitor visa.My wife is US citizen now so applying thought family bases. We sent the initial I 485 application mid November we got the denial notice December 19th, as we didn’t attach the i-130 application even though we sent it online prior to sending the i 485. Short story we got the denial with the green slip, now we sent the entire application with I-130 and reciept. MIL visitors visa is going to end in 8 days.
-Is re-application review faster with the green slip?
-What happens if we don’t hear back before the last day of visitors of visitors visa? Should she go back to the home country Or can she stay with the assumption it will be pending soon?
Thanks for the advice in advance.

[newacct]

She is in the Immediate Relative category and she doesn't have to be in status when she files I-485, and how long she may have been out of status before filing I-485 has no effect on the I-485. So she should stay since she is filing I-485.

[flyingron]

The VISA expiry is largely immaterial. Her duration of stay is what is determining, but as the poster above points out, as long as she entered legally and has an adjustment pending, she's not accruing illegal time (though if she is ultimately denied, it will be back dated to the end of her duration of stay). As the above also points out, if you get all your paperwork synched up, this should be straightforward (presuming she's the mother of a US citizen which I believe is what you implied).

DId you file the approval/receipt notice for the I-130 or just assumed since you previously filed it, then it would be good enough?
It would behoove you to have an attorney, there's a whole list of things that need to be submitted along with the 485. You're wasting time and money not making sure it is complete.

[Drmallik]

Thank you both for your reply.
Couple of points of clarification.
1.We re-submitted i-485 application now with i-130 application previously submitted along with i-130 receipt
2.Yes, She is the mother of an US citizen.

As the cheque has not been cashed yet nor the application is in pending status. Is she still ok to continue to stay beyond December 31st when her 6 months visitors visa expires. As both of you confirmed just wanted to further clarify the current status of her application and still good to stay.

[newacct]

1. Did you file a new I-130 with I-485 or did you just file I-485 with the I-130 receipt? If you wanted to file a new I-130 and pay a new fee, you are free to do that, though it is kind of a waste of money. Or you could have filed I-485 with just the I-130 receipt, without the I-130 forms, and that would be okay too.
2. We don't know whether the I-485 will be officially received by USCIS before or after her status expires. But it doesn't matter either way. If her I-485 is received after her status expires, then between her status expiring and when the I-485 is received, she is technically deportable, but it is highly unlikely to be deported in this time. And when her I-485 is received, she is protected from deportation again. Like I said earlier, her being out of status before I-485 is filed doesn't matter for her I-485.

[Drmallik]

We sent both I -130 form which we previously submitted online (November 3rd, 2019) along with the receipt.

[Enub4]

I don't fully understand, can you explain a little more? Questions like:
- you submitted I-130 online (and you paid online), did you send a copy of the physical I-130 receipt with the I-485 or a copy of the online receipt?
- did you send any other forms?
- now you sent a full I-130 on paper, with new payment for that and the I-130 receipt for the online application? or just a paper form without a new payment? or the online application printed with the receipt?
- can you tell exactly what the green slip said?

Thank you and good luck.

[Trini0616]

Never heard of a denial with a green slip. What's that about?

[Drmallik]

We submitted I-130 online (paid online), we sent a copy of the physical I-130 receipt and also sent previously submitted online application along with the I-485 form which was sent back the first time.

Green paper was just to notice, if reapplying along with required documents then attach this paper.

[Hotaru-Grace]

Thank you both for your reply.
Couple of points of clarification.
1.We re-submitted i-485 application now with i-130 application previously submitted along with i-130 receipt
2.Yes, She is the mother of an US citizen.

As the cheque has not been cashed yet nor the application is in pending status. Is she still ok to continue to stay beyond December 31st when her 6 months visitors visa expires. As both of you confirmed just wanted to further clarify the current status of her application and still good to stay.

Hello

I am sorry to read of your denial. However, as was indicated above, there are other forms that should be submitted along with the I130 and the I485. Please see all the forms we submitted. Submitted-I130, I131, G1145, G325A, I485, I864, I693, I765 with other documents such as W2, salary pay advice, passport size pics, a few pics to show marriage, a few photocopies of proof of joint account, shared bills etc (we took the mega load of proof of co-habitation to the interview at that time). We never got any RFE or any denial. Our process was smooth.

All the best.

[mmbt]

Hi everyone! I wouldn't worry at all about that "denial", that happened to me with my I-485 application and it was because I made a mistake with the fees and didn't the correct amount. The green slip clearly said they invite me to re-apply but to correct what needed to be correct. So no biggie.

[evet1]

Question, did you receive the whole package back and if so, how long did it take before receiving it.

[Drmallik]

Can some one confirm fees as we a denial as the fees was inappropriate. We have included one check for 1,225$ which includes both I-485 and biometric. It says it’s in correct. Can anyone confirm? Applicant is 62.

[newacct]

Can some one confirm fees as we a denial as the fees was inappropriate. We have included one check for 1,225$ which includes both I-485 and biometric. It says it’s in correct. Can anyone confirm? Applicant is 62.

$1225 is correct.

[Drmallik]

Need advice. Family based green card.
11/05/19- initial application i 485 and I-130 online application
12/19/19- Denial as i-130 application or receipt was not attached. Sent back entire I 485 application.
12/20/19- Sent i-130 receipt with previously submitted I-485 application with new check.
01/03/2020- Denial as the check with incorrect payee name.
1/03/2020- Sent back i-485 + I-130 Receipt and the correct check.

Currently her 6 months visitors expired on January 2nd, 2020.
Should she continue to stay here or go back to home country as she is out of status?
If she does stay whats the impact on the application or during interview?