I 485 denied

[NYC/She]

This is why people should never do this by themselves. It looks like the petitioner is not a US citizen therefore your application will be denied on the spot because you were considered an over stay. If the petitioner was a US citizen you should be absolutely fine, but because the petitioner is not a US citizen the law is different when it comes to filing. Please correct me if I'm wrong about that.

You are wrong. A petitioner can be LPR and can fill first I-130 and have to wait for a visa bulletin. Ones the visa bulletin is ready they can sent I-485 form and other form. On his PD 2018 his category F2A from a visa bulletin was not ready immediately so if a petitioner was LPR they cannot sent a I-485 form. But now a category F2A have a immediately visa so they can apply together with I-485.
if a petitioner was us citizen while they sending a I-130 form they just make a mistake.

[Margo27]

This is not correct. The OP was denied because his i-130 was denied. If i-130 is denied then i-485 is automatically denied because there is no basis for i-485.

Lol why do you think they deny 130???? What are reasons for 130 denial usually...please let me know since you seem to be very knowledgeable

[Belaw24]

it says you was denied because you provided no evidence to indicate you are immediately entitled to an immigrant visa.
im thinking yu haven't provided enough evidence to show your relationship with US citizen the petitioner. look back at your 130 form what evidence did you include. something went wrong in establishing relationship and marriage with your wife

I will look into that.

Thanks

[Belaw24]

Well where is your attorney now? What did your i-130 denial notice say?It is irrelevant whether your wife was a LPR or USC for i-130. If i-130 is denied then i-485 gets automatically denied.

I have not received an I-130 denial notice. We wrote to USCIS in our appeal that we didn't get any notice. My attorney is with me still but he gives me limited time, I feel he is tired of my case, and doesn't like us particularly my wife.

Yeah once I-130 is denied there is no basis for adjustment of status.

[Belaw24]

You are wrong. A petitioner can be LPR and can fill first I-130 and have to wait for a visa bulletin. Ones the visa bulletin is ready they can sent I-485 form and other form. On his PD 2018 his category F2A from a visa bulletin was not ready immediately so if a petitioner was LPR they cannot sent a I-485 form. But now a category F2A have a immediately visa so they can apply together with I-485.
if a petitioner was us citizen while they sending a I-130 form they just make a mistake.

Can you please explain the bolded ?

Thanks

[newacct]

it says you was denied because you provided no evidence to indicate you are immediately entitled to an immigrant visa.

The I-130 petition is the basis that entitles the OP to immigrate. If the I-130 is denied, there is no longer a basis (the I-130) for the OP to adjust status, and they are denying it because there is no basis for the OP to immigrate, due to the I-130 denial. That is why it says "You have provided no evidence to indicate you are immediately entitled to an immigrant visa on any other basis." The evidence and the basis is the I-130. So without the I-130, there is no other basis. Of course, the OP never intended to provide any other basis to immigrate other than the I-130. The OP's I-485 was always intended to be based on the I-130, and the I-130 shouldn't be denied if everything is done right. So the solution to the I-485 denial is to fix the I-130 denial. The language about "no evidence" for "any other basis" is just a roundabout legalistic wording.

[Margo27]

Please change a lawyer and get a new one. Also i think it was a mistake so you can fix it.

[Belaw24]

Please change a lawyer and get a new one. Also i think it was a mistake so you can fix it.

I appreciate your advice.

I'm going to change my lawyer, but what is the mistake and why do you think it is fixable ? My attorney says I have low chance of success.

[JaydenDad]

Looks like USCIS messed up....... They have your wife as LPR and not USC. You should prevail with the appeal. Goodluck and stay positive

[newacct]

Looks like USCIS messed up....... They have your wife as LPR and not USC. You should prevail with the appeal. Goodluck and stay positive

Nothing the OP has said indicates that "they have your wife as LPR", and there is no difference in approval or denial of I-130 between spouses of LPRs and spouses of USCs.

[Margo27]

I think your i 130 got denied because of the mistake. It seems like they treated you as a spouse of a green card holder not us citizens. There is a possibility your lawyer didnt send right documents. Would be great to know why uscis denied your petition but honestly there are only few options 1. You didnt give them enough imformation, documents etc. 2. You didnt establish and proove relationship as an immidiate relative, 3. Failure to prove petitioners status as us citizen 4. Uscis made a mistake

[newacct]

I think your i 130 got denied because of the mistake. It seems like they treated you as a spouse of a green card holder not us citizens.

Why would there be any difference for I-130 approval or denial between spouses of green card holders and spouses of US citizens?

[NYC/She]

Nothing the OP has said indicates that "they have your wife as LPR", and there is no difference in approval or denial of I-130 between spouses of LPRs and spouses of USCs.

To belaw24
Exactly.
I have I-130 approved from 2013, and I sent I-485 in November 2019 and waiting for an interview. Everything was accepted. I only sent a naturalization since my husband is no longer GC holder.
In that Case you must have a mistates and probably lawyer did it. A lawyer cannot be tired because of case is hard. It’s a challenge. That lawyer must be a very unprofessional.
Someone paid for that service and any lawyer cannot like or dislike any clients. Horrible
And bad thing is you have to pay for a new form $675 I-290B

[Belaw24]

Looks like USCIS messed up....... They have your wife as LPR and not USC. You should prevail with the appeal. Goodluck and stay positive

How did you come to that conclusion ? I'm intrigued.

You may be on to something.

Appreciate your input.

[Belaw24]

I think your i 130 got denied because of the mistake. It seems like they treated you as a spouse of a green card holder not us citizens. There is a possibility your lawyer didnt send right documents. Would be great to know why uscis denied your petition but honestly there are only few options 1. You didnt give them enough imformation, documents etc. 2. You didnt establish and proove relationship as an immidiate relative, 3. Failure to prove petitioners status as us citizen 4. Uscis made a mistake

So If a green card holder petitions for you, you will be denied I-130 ?

I'm thinking the attorney messed up somewhere along the journey with sending documents too who knows.

Establishing and proving relationship as an immediate relative ?! You mean as a bonafide couple, husband and wife, or what ? wouldn't USCIS make that determination during the adjustment phase ?