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Case Stories
⏳ EB-3 Marriage-Based I-485 Pending - Visa Overstay PD 2022
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⏳ **Case Status: Pending**
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An applicant who overstayed a visitor visa filed for adjustment of status through marriage to a USC. The case faced multiple setbacks including an RFE, an I-485 denial due to incorrect tax transcripts, a motion to reopen, and a lengthy post-interview wait. After 37 months, approval is still pending 192 days after the interview.
This case involves adjustment of status through marriage to a US citizen, complicated by a visa overstay and procedural errors. The applicant filed I-130 online separately, then submitted I-485 and supporting documents a week later — a timing issue that may have contributed to delays. An RFE was issued for both I-130 and I-485 requiring correct tax transcripts. The I-485 was subsequently denied. The applicant filed a motion to reopen (I-290B) rather than pursue litigation. The case was reopened but no notification was sent; confirmation came only after a phone inquiry approximately 9 months later. An interview was held 15 months after denial at Newark. The officer indicated supervisor review was required before a decision could be made. Post-interview: an e-request at 120 days resulted in I-130 approval the next day; a follow-up e-request at 150 days for I-485 received a response that the case was still within normal processing time. As of 192 days post-interview, the I-485 remains pending.
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**[📎 View Original Post](https://www.reddit.com/r/USCIS/comments/1ruvo5w/192_days_after_the_interview_still_waiting/)**
*Source: Reddit I-485 EB*
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*This post was automatically curated from online sources to share real case experiences with the community.*
This case highlights several processing patterns worth noting. First, filing I-130 separately online and then submitting I-485 concurrently a week later is a known source of processing complications — submitting everything together in one package is generally more efficient. Second, tax transcript errors are among the most common RFE triggers for marriage-based AOS; always submit IRS tax transcripts (Form 4506-C or online transcript), not copies of filed returns. Third, post-interview delays beyond 120 days are increasingly common, especially when supervisor review is flagged. Filing an e-request at the 120-day mark and again at 150 days is a standard approach; some applicants also submit an Infopass inquiry or contact their congressional representative's office for a case status inquiry. Cases reopened via I-290B after denial typically run longer than standard AOS timelines. The 10-year green card outcome (rather than 2-year conditional) is consistent with USCIS policy for marriages over 2 years at the time of approval.