digital_tyranno

I am a UKC married to a USC. In February 2005 I travelled to the US on the VWP. After spending 3 months is the US I decided to file for AOS.

I did not send my medical with my application and subsequently got a RFE. However, I left the US in August to live back in the UK.

In November I recieved a letter in the US stating my I-485 application had been rejected since I had not supplied the requested evidence.

Now I have recieved a letter in the US stating my I-130 has been accepted!!!

I thought that the I-485 being rejected would automatically mean the I-130 was rejected? Does this mean that the I-130 is still valid and could theoretically be used again?

Thanks

jeffreyhy

d_t,

I don't know the answer to your questions, but it does make sense to me that in your situation an I-485 would be dependent on an approved I-130 but not the reverse.

Regards, JEff

crg

If you left the US without applying for advance parole then the I-485 is considered abandoned and would be rejected.

You could still do the paperwork through the consulate outside the US based on the approved I-130. You'd get an immigrant visa packet.

I would suggest that you don't seek entry to the US again and try to adjust inside the US again.

They may deny your entry to the US as an intended immigrant. even if they let you in again, you would have a hard time convincing them that your new adjustment application was unforseen. They'd correctly assume that you unlawfully entered the US as a nonimmigrant when you actually had immigrant intent.

zero029

For what I've read, the I-130 is approved based on the evidence submitted by the citizen spouse of U.S. citizenship (birth certificate or passport) and the legal validity of the marriage (for instance, that the marriage is sanctioned by the state and it's the two spouses are of legal age and able to marry).
The adjustment application is processed based on the alien's own ability to be considered admissible.