I-485 Denied Based on Section 245 - PLEASE HELP!

[nadiat115]

I filed the completed packet of I-485 with supporting documents however I received the denial letter stating the below:

-----------------------------------------------------------------------------------------------
Upon consideration, it is ordered that your application to register permanent residence or adjust status, Form I-485 that you filed, pursuant to section 245 of the immigrant and nationality act (INA) be denied for the following reason(s):

Section 245.1, Title 8, Code of Federal Regulations, states in pertinent part:
(c) Ineligible aliens. The following categories of aliens are ineligible to apply for adjustment of status to that of a lawful permanent resident alien under section 245 of the act:

(5) any alien who is already an alien lawfully admitted to the US for permanent residence on a conditional basis pursuant to section 216 or 216A of the act, regardless of any other quota or non-quota immigrant visa classification for which the alien may other wise be eligible.

You were granted conditional permanent residence in the US. a review of the US Citizenship and Immigration Services records does not show that your conditional status has been terminated therefore you are ineligible to adjust status pursuant to the section 245 of the act.
------------------------------------------------------------------------------------------------

I don't know what that means and what should be my next steps. Please help!

[inadmissible]

Tell us more about your background (immigration history) and the basis of filing for adjustment of status

[nadiat115]

Tell us more about your background (immigration history) and the basis of filing for adjustment of status

Well I came to this country on a K-1 visa, got married and filed the proper paperwork. I have been married to my US citizen spouse for roughly two years and have one child (4 months old) together. The process for I-129 went smoothly without any hiccup. I followed the next step in the process which is to file I-485 and get permanent green card.

[newacct]

They are saying that you are already a permanent resident, i.e. that you filed I-485 and it was approved. This is probably the "filed the proper paperwork" you mentioned. You cannot file I-485 again.

What you need to do at the end of the 2 years of conditional permanent residence is apply for Removal of Conditions with I-751.

[nadiat115]

They are saying that you are already a permanent resident, i.e. that you filed I-485 and it was approved. This is probably the "filed the proper paperwork" you mentioned. You cannot file I-485 again.

What you need to do at the end of the 2 years of conditional permanent residence is apply for Removal of Conditions with I-751.

Thanks!!! Funny thing is that I never filed any other paperwork other than I-129 packet or received conditional permanent residence card with new expiration date on it.
The question is, should I file 1-751 now even though my conditional resident permanent card has a expiration date of February (last month).

[newacct]

I'm really confused about what you're saying. So originally I-129F was filed by your USC then-fiance, before you got the K-1 visa or came to the US. Then you got a K-1 visa and came to the US. Then you had to file I-485 for Adjustment of Status. That's the only thing you can "file" at this point. If you have gotten a green card, that means you filed I-485 and it was approved (that's the only way to get permanent residency other than to enter the US on an immigrant visa, which you didn't do). Maybe you don't remember it.

If your card is valid for 2 years, that means you are a conditional permanent resident. You said "with new expiration date on it" which I think means you know you must do Removal of Conditions, to become a non-conditional permanent resident with a 10-year card. The Removal of Conditions is filed with I-751 and (if you remain married) must be filed within the 90 day period before the 2-year card expires. If your 2-year card already expired, then you're late. You would need to provide a reason for filing late, which I think you would say you filed the wrong form due to confusion and provide the receipt of the incorrectly-filed I-485 as evidence.

[inadmissible]

Well I came to this country on a K-1 visa, got married and filed the proper paperwork. I have been married to my US citizen spouse for roughly two years and have one child (4 months old) together. The process for I-129 went smoothly without any hiccup. I followed the next step in the process which is to file I-485 and get permanent green card.

If I understand correctly, you already had applied for Adjustment of Status two years ago, and it was granted.

Your next step now is the Removal of Conditions on your permanent residence, which you would apply for on Form I-751.

If so, your recent request to adjust status was properly denied

See https://www.uscis.govhttps://www.imm...based-marriage

[Eli_za]

you probably need a lawyer at this point.

[beaujour1]

It is roughly says that you are still within the two years conditional. However, if you believe this is an error and that you received your conditional card (2 years) two years ago or almost two years ago, I would suggest that you contact USCIS.