I-485 form denied

[Ben Peetermans]

Hi everyone, thank you in advance for taking the time to read this topic and willing to help.

I'll try to keep it short and get to the point.

My I-485 just got denied due to the income of my wife (sponsor) being too low for the last year. The reason for this is that she had to undergo multiple surgeries, so she was unable to work for multiple months. Well, it seems that the USCIS doesn't care about the reason, just the numbers, so we are denied.

Now, we received our denial letter today and we have been working all day on looking for a solution.

I understand we can file a motion for them to reopen the case, but obviously it will be denied again due to the same sponsor reason.

Can we file a motion and opt for a co-sponsor, joint sponsor, new sponsor or what do we have to do?

I know we can make up the difference in assets, but we don't have enough.

I hope at least one of you knows the solution for this problem so we can continue to live our lives as we know it, I can't imagine having to leave my wife and the family and friends here.

Thank you.

[rayb]

Did you actually receive a denial, "intent to deny" or "request for evidence?" Reason I ask is because denials don't result from incomplete sponsorship packages, but failure to respond or inadequately respond to a request for better sponsorship information can result in a denial. Also, a denial doesn't come for lack of prior year income, but for lack of proof of current sustainable income (employment verification) that will annualize to meet the requirements.

If there is no question but that you have a denial, because you failed to respond or respond adequately to a request for better sponsorship proof, then you have only one reliable option.

You can't appeal, but you can "reopen" the case, for about $585 or $600 (it seems to change on a regular basis), and you would be wasting your time (and money) if you had received warning and request for more evidence.

You need to put together your adequate sponsorship information, with help of a co-sponsor or joint sponsor documents from someone who has the combination of employment and or income that matches or exceeds the income or liquid asset requirement or their family members and your your applicant (you or your spouse).


--Ray B

Hi everyone, thank you in advance for taking the time to read this topic and willing to help.

I'll try to keep it short and get to the point.

My I-485 just got denied due to the income of my wife (sponsor) being too low for the last year. The reason for this is that she had to undergo multiple surgeries, so she was unable to work for multiple months. Well, it seems that the USCIS doesn't care about the reason, just the numbers, so we are denied.

Now, we received our denial letter today and we have been working all day on looking for a solution.

I understand we can file a motion for them to reopen the case, but obviously it will be denied again due to the same sponsor reason.

Can we file a motion and opt for a co-sponsor, joint sponsor, new sponsor or what do we have to do?

I know we can make up the difference in assets, but we don't have enough.

I hope at least one of you knows the solution for this problem so we can continue to live our lives as we know it, I can't imagine having to leave my wife and the family and friends here.

Thank you.

[Ben Peetermans]

Hi Ray B

It seems you know what you're talking about, which gives me hope!

We did receive an RFE, but we had no idea to make up for the loss of the minimum income, you need assets in at least 5x the missing income.
So when they requested the RFE, I showed proof I had assets, but it was not enough to cover 5x the missing income.

Now that I understand why we are denied, I have several friends here that want to be a joint sponsor for me, I'm just not sure if I can still apply for the joint sponsor, if I have to file a motion and pay the fee to do it, or if I have to start all over... I just don't know what my next move needs to be!

[rayb]

My experience with Adjustment of Status denials has been that you must provide evidence that the denial was in error to have the case reopened (after paying the "reopen" fee).

In your situation, it doesn't seem that you provided satisfactory evidence.

I've submitted several new I-485 packages that came to me for similar denial reasons (sponsorship failure, lack of medical exam updates), and a new submittal, with the I-485 fee, was what it took to "fix" the procedure. Unless you have broker or bank statements showing $100,000+ available to you, a co-sponsor is your best bet.

--Ray B

Hi Ray B

It seems you know what you're talking about, which gives me hope!

We did receive an RFE, but we had no idea to make up for the loss of the minimum income, you need assets in at least 5x the missing income.
So when they requested the RFE, I showed proof I had assets, but it was not enough to cover 5x the missing income.

Now that I understand why we are denied, I have several friends here that want to be a joint sponsor for me, I'm just not sure if I can still apply for the joint sponsor, if I have to file a motion and pay the fee to do it, or if I have to start all over... I just don't know what my next move needs to be!

[Ben Peetermans]

My experience with Adjustment of Status denials has been that you must provide evidence that the denial was in error to have the case reopened (after paying the "reopen" fee).

In your situation, it doesn't seem that you provided satisfactory evidence.

I've submitted several new I-485 packages that came to me for similar denial reasons (sponsorship failure, lack of medical exam updates), and a new submittal, with the I-485 fee, was what it took to "fix" the procedure. Unless you have broker or bank statements showing $100,000+ available to you, a co-sponsor is your best bet.

--Ray B

Hi Ray

Thank you for your reply.

It seems that refiling the i485 seems to be the only way, it's a plunge in the dark for me but I take the word for it of those that been there before.
I've been surprised over and over about the lack of information USCIS provides, it feels more like a figure it out yourself kind of thing.

Thank god there are people like you out there trying to help those who need it.

I just have a few more questions and I think I'll be off to a fresh start:

- Do I simply file the i-485 form by itself or do I file the whole case like the first time, including the i-765, g-325a, i-864, i-693, the medical report, etc?


Thank you again!

[rayb]

Ben,

Submit an entirely new I-485 package, with fee and copy of medical exam I-693 in sealed envelope, as if you did not submit anything before.

Your doctor should give you a courtesy copy of the same exam I-693 that he did befoe, in a sealed envelope.

--Ray B

Hi Ray

Thank you for your reply.

It seems that refiling the i485 seems to be the only way, it's a plunge in the dark for me but I take the word for it of those that been there before.
I've been surprised over and over about the lack of information USCIS provides, it feels more like a figure it out yourself kind of thing.

Thank god there are people like you out there trying to help those who need it.

I just have a few more questions and I think I'll be off to a fresh start:

- Do I simply file the i-485 form by itself or do I file the whole case like the first time, including the i-765, g-325a, i-864, i-693, the medical report, etc?


Thank you again!

[sarahmariscal]

I-485 Denied, refile I-130?

My husband and I have been married for 3 years. Last year, he was denied a Green Card because we briefly left the country during processing, without asking permission. This year we live in his home country, Spain, and we would like to re-file the I-485. Must we also re-file the I-130? Will it be alright to enter the USA with a J-1 Visa, then file the I-485 AOS? That seems to be the most logical and cheapest/quickest option.

[rayb]

Your J1 visa might not allow conversion to any other visa type if it has the "2-year outside U.S." requirement.

Reactivate your I-130, and obtain a spousal visa in Spain to come to the U.S. An I-485 will not be needed, as he will get a Green Card automatically after arrival in the States with an IR-1 visa (after payng the $165 Green Card fee.

--Ray B

My husband and I have been married for 3 years. Last year, he was denied a Green Card because we briefly left the country during processing, without asking permission. This year we live in his home country, Spain, and we would like to re-file the I-485. Must we also re-file the I-130? Will it be alright to enter the USA with a J-1 Visa, then file the I-485 AOS? That seems to be the most logical and cheapest/quickest option.