I filed my I-130 for my spouse and I-485 and I-765 on October 9, 2009. However, I filed the applications seperately, and am worried this is now going to cause problems. (I-130 and bona fide marriage evidence was sent to Chicago PO Box for Virginia residents; the I-485 and I-765 were sent to the Chicago PO Box for AOS Virginia applications.) This was how I interpreted the instructions on the forms. It is now apparent that I should have sent everything together in one package to the same P.O. Box, but it is now too late. So on October 23, 2009, I received NOA's for all (3) applications. The I-130 was accepted and $355 check was cashed. However, the I-485 and I-765 was rejected because I sent an extra check for $340 (didn't realize I-765 fee was waived when filing with the I-485). I resubmitted both the I-485 and I-765 applications WITH THE A COPY OF THE NOA FOR THE I-130, check for $1010, and a cover letter explaining that this was intended to be a concurrent filing, and that they note the I-130 receipt number. My husband is Canadian and we have submitted what we thought was correct. I have been calling the USCIS for help, without any clear answers. Please let me know if what I did with the resubmission will be sufficient for the USCIS to "Link" all (3) applications together, or what I can do at this point to get it straightened out. NOA's have been received for the I-485 and I-765, but they are in Missouri; I-130 is in California.
Please let me know what you think and whether I should just wait it out, or take some kind of action. Thank you!! --Ashley
The second filing of the I-485 and 765 shoudl be fine because you filed it with the "NOA" or receipt notice of I-130. They should be able to link it up but it may delay the case a bit.
It may delay your case by a few case or at most a month. Watch out for your husband's biometrics appointment for fingerprinting and watch to see if the second check for $1010 gets cashed. Those are usually clear signs that it's been accepted and being processed.
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