Denied I-485

[awper]

Posting for a friend.

My friend and his two daughters were petitioned with fiancé visa. My friend got a K1 and his kids got k2. They arrived in the US and he got married within the 90days. He got his conditional greencard, but he didn’t apply for his kids (he thought it was automatic).

He applied to remove his conditional and received his permanent greencard. He applied for I-485 for his kids recently but got denied. USCIS is requesting for proof of approved petition. He lost all his original papers and doesn’t have the original I-129 and approved petition. What are his options since he has 30 days to reply for a motion.

Can he apply for a motion I-290B concurrently with I-824? Does he have to pay for two I-290B?

For the I-824 what would he check under the request since the two kids are here in the US. Its also asking for the 797c receipt but he doesn’t have that since he lost his papers

Thanks in advance

[rayb]

Your message is somewhat confused. If USCIS asked for proof of the original K1 approval, the children's I-485's were not denied.

But if you failed to provide that proof in response to a "Request for Evidence" within the required timeframe, then the I-485 would be denied.

You have now reported below that the "Reopen" procedure has to be started within 30 days, which implies that the I-485's were denied, but only after you failed to respond to the Request for Evidence (proof of I-129F approval).

Each of the children's 290B Motion applications must be applied for separately with separate fees. If you add the form I-824, you end up paying more than what resubmittals of the I-485 packages would cost, so you might as well resubmit the I-485 packages for the children (with new medical exams).

If you can find the original USCIS receipt number for the fiancee petition, you might still be able to pull up the USCIS status record of the petition approval. You might also include copy of the wife's K1 visa from her passport, which would be proof of the approval of her K1 petition (and this might be your only option to provide proof that the original petition was approved).

I can't buy your claim that the petitioner assumed the children's Green Cards would be automatic when he did the Adjustment of Status for their mother. You are effectively saying that two years went by after mom got her Green Card without anyone questioning why the children did not have Green Cards.

--Ray B

Posting for a friend.

My friend and his two daughters were petitioned with fiancé visa. My friend got a K1 and his kids got k2. They arrived in the US and he got married within the 90days. He got his conditional greencard, but he didn’t apply for his kids (he thought it was automatic).

He applied to remove his conditional and received his permanent greencard. He applied for I-485 for his kids recently but got denied. USCIS is requesting for proof of approved petition. He lost all his original papers and doesn’t have the original I-129 and approved petition. What are his options since he has 30 days to reply for a motion.

Can he apply for a motion I-290B concurrently with I-824? Does he have to pay for two I-290B?

For the I-824 what would he check under the request since the two kids are here in the US. Its also asking for the 797c receipt but he doesn’t have that since he lost his papers

Thanks in advance

[awper]

Your message is somewhat confused. If USCIS asked for proof of the original K1 approval, the children's I-485's were not denied.

But if you failed to provide that proof in response to a "Request for Evidence" within the required timeframe, then the I-485 would be denied.

You have now reported below that the "Reopen" procedure has to be started within 30 days, which implies that the I-485's were denied, but only after you failed to respond to the Request for Evidence (proof of I-129F approval).

Each of the children's 290B Motion applications must be applied for separately with separate fees. If you add the form I-824, you end up paying more than what resubmittals of the I-485 packages would cost, so you might as well resubmit the I-485 packages for the children (with new medical exams).

If you can find the original USCIS receipt number for the fiancee petition, you might still be able to pull up the USCIS status record of the petition approval. You might also include copy of the wife's K1 visa from her passport, which would be proof of the approval of her K1 petition (and this might be your only option to provide proof that the original petition was approved).

I can't buy your claim that the petitioner assumed the children's Green Cards would be automatic when he did the Adjustment of Status for their mother. You are effectively saying that two years went by after mom got her Green Card without anyone questioning why the children did not have Green Cards.

--Ray B

Thanks Ray B.

Yes the I-485 were denied bacause he did not submit the required form in time.

After going to storage, my friend’s wife found her I-129F copy with the kids name. Also found the 797e. We just pulled the receipt online and it said approved.

So now… He can file for 290B? include a copy of the I-129F petition, copy of 797E asking for requirements and the Web print out togethere with a copy of the K1 visa passport and pay the fee?

I know I know. I asked him the same questions how come he didn’t apply for greencard for his kids. He keeps giving me the same answer

Thanks

[rayb]

Awper,

There is still a risk that USCIS may deny the "Motion," since the denial was not due to a USCIS error.

--Ray B

Thanks Ray B.

Yes the I-485 were denied bacause he did not submit the required form in time.

After going to storage, my friend’s wife found her I-129F copy with the kids name. Also found the 797e. We just pulled the receipt online and it said approved.

So now… He can file for 290B? include a copy of the I-129F petition, copy of 797E asking for requirements and the Web print out togethere with a copy of the K1 visa passport and pay the fee?

I know I know. I asked him the same questions how come he didn’t apply for greencard for his kids. He keeps giving me the same answer

Thanks