lucky x
Feb 13, 2024
i485 got denied and 130 got closed.
hello everyone,
I’m widow my husband is US citizen. our attorney didn’t know my husband passed away and attorney submitted 130 and 485 2 weeks after he passed away, that was in December 2022. and on 2023 March my attorney submitted another 360 as widow for me. I have received 2 RFE for i130 asking for proof of marriage. seems like the Uscis didn’t know my husband passed away or I submitted 360. I replied back the RFE of 130 indicating my situation and asked them if I could combine both of my i130 and 360 together in January 2024, and now I received the update of 485 denied and 130 was administrative closed.
Uscis saying that my i485 got denied for the following reasons:
“An applicant adjusting under INA 245(a) must establish that he or she is eligible to receive an immigrant visa and an immigrant visa is immediately available. See INA 245(a)(2) - (3). USCIS records establish that on 1/12/2024, you withdrew the visa petition filed on your behalf. You have provided no evidence to indicate you are immediately entitled to an immigrant visa on any other basis. Therefore, you are not qualified to adjust status.
You have not established that you are eligible for adjustment under INA 245. Therefore, USCIS must deny your Form 1-485.
any thoughts on that? I’m depressed now.
#i360
#widow
#i485
IR-1/CR-1
U.S. citizen filing for a spouse
Total Days: 782 days
Case
2023-03-17
Today
I-360
745 Days
I-765
13 Days
I-485
13 Days
Nebraska Service Center: I-360
National Benefits Center: I-765, I-485
Timeline Map
2023-03-17
I-360
Submission to USCIS
2024-06-19
I-360
D+460
Request for Evidence(RFE) from USCIS
2024-11-20
I-360
D+614
Response to RFE
2025-03-31
I-360
D+745
Decision (Approval or Denial)
2025-04-24
I-765
I-485
D+769
Submission to USCIS
This timeline was created with the Lawfully App. Download the Lawfully App now.
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lucky xFeb 13, 2024
from my i130 acknowledgment of withdrawal letter, it says: On December 7, 2022, you filed a Form I-130, Petition for Alien Relative, with U.S. Citizenship and
Immigration Services (USCIS).
On 1/12/2024, you requested to withdraw your Form I-130.”
but the point is I never asked to withdraw my 130 or 485, I just want to combine them to 360. in this case where my 485 is denied, can I still reopen my case? does this denial of 485 goes to my 130 or my 360 case as well?
felasky God is good 🙏🙏🙏Feb 14, 2024
I believe u posted this on Reddit , but the difference is that on Reddit u did not mention about your applications being sent after your spouse passing. Here is the problem, I don’t know right now if u looking for sympathy or if u genuinely looking for advice. Either way stick with one story, and that is the only way to get what u want. Your application was denied because it shouldn’t have been submitted in the first place. Your spouse was already dead before u send your package and that can be seen as a fraud. Now your best bet will be the I-360 if they even give u the chance to file that. Because the law is not about emotion but rather about fact. So our opinion is based on what u share with us. Again as I said on Reddit, I am sincerely sorry for your loss. Good luck to u on your journey.
I can't wait to see if the green card is really greenFeb 14, 2024
Sorry for your loss .
I hope that the officer who will work on your case will have sympathy for you otherwise I can smell a waiver for inadmissible.
lucky xFeb 14, 2024
@felasky God is good 🙏🙏🙏 hello I didn’t post on Reddit, I just got the update a few hours ago. :( my attorney found out the i130 and 485 has been sent after my husband passed away, that’s why we filed another 360 three months later. I will check the Reddit you mentioned. thanks for your reply!
lucky xFeb 14, 2024
@New Hope 🇭🇹 thank you
felasky God is good 🙏🙏🙏Feb 14, 2024
@lucky x Dear I am so sorry if it wasn’t u . I don’t wanna aid anything to what u already going. I wish u nothing but the best but as u said when u get chance please check Reddit, the same similar story as yours. I will see if I can share the link in your comment section. Again I am sorry and for my comments and for your loss.
felasky God is good 🙏🙏🙏Feb 14, 2024
lucky xFeb 14, 2024
@felasky God is good 🙏🙏🙏 thanks for sending this link! then I think i know why my 485 got denied if the verbiage is saying that 485 was denied because the 130 was denied or never filed. USCIS said I was the one who requested to withdraw 130. but actually I was just asking them to combine my 130 to my 360 case…
call me SamFeb 16, 2024
so @felasky God is good 🙏🙏🙏 do you now only have a pending I 360? did you file a I 360
felasky God is good 🙏🙏🙏Feb 16, 2024
@lucky x I have never filed I-360 , I am currently waiting on the I-290b I filed because my I-485 was denied due to incomplete and error made in my affidavit of support. I fixed the mistakes I’ve made and asked for a MTR . But if I knew what I know now, I would have just filed a whole new application. But I believe this is the route God wanted me to take, so here I am. I’m scheduled for an interview after USCIS receives my I-290b .
lucky xFeb 17, 2024
@felasky God is good 🙏🙏🙏
I talked to my attorney yesterday and he said my i130 and i485 were supposed to be withdrawal and I should not be worried them being denied. but he suggested me to file a new i485 after my i360 is approved. I checked the processing time for 360 and it’s 30month, and 485 might take another year. I’m contemplating whether filing new 485 now or after 360 is approved.
felasky God is good 🙏🙏🙏Feb 17, 2024
@lucky x It seems to me that u have a good lawyer, he’s telling u exactly the best route to take. Should’ve been a crooked lawyer, he would have done whatever u ask him to do. So if I were u , I will definitely stick with him. In your situation, the best course is to file for I-360 first and whenever it’s approved, then u will file I-485 .Be patient is what I will advise u to do. It’s unfortunate what happened, ( losing your spouse) but u have to have faith. God don’t make mistakes ( that’s my motto) , everything’s happened for a reason. Best of luck to u and your love ones
lucky xFeb 17, 2024
@felasky God is good 🙏🙏🙏 thank you. I hope you will get yours soon too!
wajid aliMay 24, 2024
my wife file i 130 in july 2022 and my wife dead in june 2023 .
my i 130 approve after two week of death .
in july 2023 i file i 360 with all require avidence and docoment including i 130 approval letter .
now today 11 month is running i 360 .
can any one tell me about i 360 widow case .
Can anyone tell me how long it will take uscis to approve this case more.??
