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I am a US citizen filing forms for adjustment of status for my wife who is here on an F-1 student visa OPT. We received an I797C Notice of Action Rejection Notice due to outdated form I485. For questions regarding "Have you ever previously filed a petition for this beneficiary or any other alien?" Do I still answer "No" or are we now considered to have filed and been rejected? They did not process the filing fees if that matters.
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If there was a case number applied in your rejection notice then yes. But to be safe I’d just say YES. If you’re asked in the interview you can explain why it was rejected etc.Marriage AOS (from tourist visa)
Received Nov 4th& Priority Date also Nov 4th
I130 i485 & work permit (did not apply for travel documents )
Nov 15 received 2 hard copies for NOA
Nov 22 Received biometrics appointment Notice
Biometrics done, Dec 2nd.
Jan 6 2020 courtesy letter for missing medical (dated Dec 31 2019, mailed Jan 2nd 2020)
Ready to be scheduled for interview (Jan 31st 2020)
“Nothing can stop Gods plan for your life” Isaiah 14:27 -
It's rejected due to outdated form I-485, not denial. Your case is not denied. I was in the same situation, and I answered "No", because your rejected case was not filed yet.Originally posted by m138 View Post03/24/2020: Sent package to USCIS.
03/25/2020: Package received by USCIS.
04/14/2020: 4 text messages received and checks cashed.
04/23/2020: 4 NOAs received in mail.
08/17/2020: Biometrics Appointment letter received in mail for 08/25.
08/25/2020: Fingerprints taken and applied to I-765 and I-485.
09/01/2020: Case is ready to be scheduled for an interview.
09/08/2020: New card is being produced.
09/11/2020: I-765 and I-131 were approved and mailed.
09/16/2020: Combo card in hand.Comment
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Petition = I-130 or I-140, not I-485. For her to have filed I-485, you must have filed I-130, so the answer is Yes.
This is my personal opinion and is not to be construed as legal advice.Comment
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This happened to us and they sent the whole package back. If this was the case answer no, they rejected the application due to outdated forms. if they only sent back the 485 and kept the rest the answer would be yes.4-18-18 PD
4-29-18 Finger Print fee was received
9-26-18 I-765 and I-131 Approved
10-02-18 Card Was Delivered To Me By The Post Office (sent to Lawyer) Day 167
10-03-18 Case is Ready to Be Scheduled for An Interview Day 168
10-05-18 your case has been scheduled for a interview. Day 170
11-13-18 Interview
11-13-18 New card being produced
11-15-18 I130 and I485 Approved
11-20-18 Card MailedComment
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Actually, since the I-130 form has been out for a year, I am guessing that the I-130 is not rejected. The question the OP is asking about is on the I-130, so the OP should not be answering this question since they are not filing I-130 again.
This is my personal opinion and is not to be construed as legal advice.Comment
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