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I-485 Pending with I-140 denied and I got married to US citizen

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  • I-485 Pending with I-140 denied and I got married to US citizen

    Here are the details of my case:
    1. Jan 2019 - I485 and I140 submitted through work
    2. Feb 2020 - I140 was denied. I485 still pending.
    3. March 2020 - Married to US citizen and submitted: I130, G325, I864
    4. April 2020 - Received Approved I130
    I was advised to submit a letter to link my I130 with my current pending I485 (through work) but I think may not have maintained continuity of eligibility because my I140 is denied. I don't know if I should send the letter or file a new I485. Has anyone been in this situation? I'm not sure what to do.

  • #2
    You need to file a new I-485. There is no "relinking" family-based cases.

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

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