I applied for I-130 and I-485 while I was in F1 status but the IO denies my case

[Maya]

I was in F1 status when I married my husband who is a permanent resident (Green card) holder.

My F1 Status was valid till December 5, 2013 under OPT (Optional Pratical Training).

My husband filed for my I-130 in August 6, 2013 and got approved on Dec 3, 2013.

I filed my I-485 on September 17, 2013. I received my EAD card on November 12, 2013.

We were called in for I-485 interview on January 16, 2014.

The immigration officer who interviewed asked us relationship questions which went well. He then asked me about my status and I told him I have my OPT valid till December 5, 2013 and now have my EAD card.

He told us that even though I was not in status right now I still have the 180 day grace period within which he needed to get my I-130 from another office in Chicago, which may take 2 weeks and he would approve my case.

He later called me and said that since I am out of status from December 5, 2013 my case will be denied. I was in status before my I-130 was approved. We tried to explain everything to him but he did not buzz.

Do I still have to maintain my status during the I-485 decision process?

Is there any other way I can re-appeal my case or to get my case approved?

Please help me find a right solution. I will greatly appreciate your time and advice.

Thank you.

[rayb]

Did you get anything in writing explaining why there was a denial?

Part of the problem might be that your Priority Date was not reached when you submitted your I-485, since you were a "quota visa" applicant. That's just my guess from the information you provided.

You can't go any further, with a "Reopen" or "Appeal" until you have a clear description of why the denial occurred, in writing.

-Ray B

I was in F1 status when I married my husband who is a permanent resident (Green card) holder.

My F1 Status was valid till December 5, 2013 under OPT (Optional Pratical Training).

My husband filed for my I-130 in August 6, 2013 and got approved on Dec 3, 2013.

I filed my I-485 on September 17, 2013. I received my EAD card on November 12, 2013.

We were called in for I-485 interview on January 16, 2014.

The immigration officer who interviewed asked us relationship questions which went well. He then asked me about my status and I told him I have my OPT valid till December 5, 2013 and now have my EAD card.

He told us that even though I was not in status right now I still have the 180 day grace period within which he needed to get my I-130 from another office in Chicago, which may take 2 weeks and he would approve my case.

He later called me and said that since I am out of status from December 5, 2013 my case will be denied. I was in status before my I-130 was approved. We tried to explain everything to him but he did not buzz.

Do I still have to maintain my status during the I-485 decision process?

Is there any other way I can re-appeal my case or to get my case approved?

Please help me find a right solution. I will greatly appreciate your time and advice.

Thank you.