Announcement

Collapse
No announcement yet.

Need help understanding I-485 rejection reason

Collapse
X
  •  
  • Filter
  • Time
  • Show
Clear All
new posts

  • Need help understanding I-485 rejection reason

    Sent my Japanese wife's I-485 last week. Today got rejection notice. The reason is written as follows"

    "INVALID PART 2 APPLICATION TYPE OTHER BASIS OF ELIGIBILITY"

    So, that seems to refer to the very first page of the form, part 2. In that section, my wife's answer is letter H for other basis... and in the space we wrote "Married to US citizen."

    How is that wrong?? She has been in America since 2001. Graduated college Dec. 05, we married March 05. Got OPT card. What on earth is the problem?
    I didn't need to file any form to bring her here in the first place. She was already here. She doesn't need I-130 right? She was already here.

    What are we screwing up??

  • #2
    Sent my Japanese wife's I-485 last week. Today got rejection notice. The reason is written as follows"

    "INVALID PART 2 APPLICATION TYPE OTHER BASIS OF ELIGIBILITY"

    So, that seems to refer to the very first page of the form, part 2. In that section, my wife's answer is letter H for other basis... and in the space we wrote "Married to US citizen."

    How is that wrong?? She has been in America since 2001. Graduated college Dec. 05, we married March 05. Got OPT card. What on earth is the problem?
    I didn't need to file any form to bring her here in the first place. She was already here. She doesn't need I-130 right? She was already here.

    What are we screwing up??

    Comment


    • #3
      Please somebody give me a serious answer.

      Comment


      • #4
        Go to the USCIS website or the department of state website. It is my understanding that you must file the I-130 and when that is approved, the approval is sent to the NVC for visa issuance. - You file your I-485 when your visa is available. Once the i-130 is approved, she can apply for a work permit if she needs it. (Did she all ready have a green card?)

        Comment


        • #5
          Why didn't you file the I-130???????

          8CFR245.1(c)(4)

          If you are not comfortable filing yourself get help from USCIS or hire an attorney. This is not legal advice.

          Comment


          • #6
            I thought I-130 was for aliens without a visa so that they can legally come to america. My wife already had a student visa and then opt so she already had a legal visa # and permission to be here.
            The I-130 isn't even on the I-485 list of requirements at the god-forsaken uscis site. And I always read that the first step to adjustment of status is I-485.

            Anyway, I now will send the I-130 concurrently with the I-485.
            On the first page of the I-485, part 2, basis of eligibility- WHAT answer do we put? because the I-130 will be filed concurrently, we obviously can't select the first answer (I-130 approved).

            Also, by filing concurrently with the I-485/I-765, how will it affect my wife getting her EAD renewal? Her current one expires in January. Will she still be able to get it will all the rest is being processed?

            Comment


            • #7
              andrewp,

              You are confusing the terms visa and status. She used a student visa to enter the country, correct, but thereafter she has temporary non-immigrant status. The I130 is the Alien Relative (which she is now) petition.

              Answering Part 2, if she weren't here in the USA, you'd be awaiting the approval of the I130 before a visa would be issued for her to come to the USA and when adjusting you'd be ticking number one. I believe, implied in the information listed in item number one, is "once approved", as until the I130 is approved, the basis for adjustment does not exist.
              The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

              Comment


              • #8
                You shouldn't rely on a public board to tell what to do. Every situation is different and giving you directions on such delicate matters would be irresponsible. You can ask USCIS for specific directions or you can consult with a qualified immigration attorney. This is NOT legal advice.

                Comment

                Sorry, you are not authorized to view this page

                Home Page

                Immigration Daily

                Archives

                Processing times

                Immigration forms

                Discussion board

                Resources

                Blogs

                Twitter feed

                Immigrant Nation

                Attorney2Attorney

                CLE Workshops

                Immigration books

                Advertise on ILW

                EB-5

                移民日报

                About ILW.COM

                Connect to us

                Questions/Comments

                SUBSCRIBE

                Immigration Daily



                Working...
                X