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Hey everyone,
My wife and I came across a bump in finalizing her adjustment of status. Unfortunately we received a Notice of Decision from the UCIS informing our application is hereby denied.
Now the reason being denied I'm quite frustrated to say was because of a missing document which we do have available. In our case it was a copy of the petitioner's most recent Federal income tax return. They do mention receiving a completed and signed I-864 from (me) the petitioner and a copy of my W-2 and 1099-MISC which does provide enough income to sponsor.
Now towards the end of this letter it tells us there is no appeal to this decision. However it also tells us if we desire to file a motion, you must do so on Form I-290b within 30 days.
This is where my questions arise. The form I-290b has a few options which relate to our situation.
A)I am filing a motion to reopen a decision. My brief and/or additional evidence is attached.
B)I am filing a motion to reconsider a decision. My brief is attached. (I have evidence I can send in so this one is irrelevant for this situation)
or
C)I am filing a motion to reopen and a motion to reconsider a decision. My brief and/or additional evidence is attached.
We are caught between A and C, leaning towards C as it says both re-open and re-consider which is what sounds like a solution.
The key thing is I do have what they are missing with enough income to support. So has anyone ever been in this situation? I feel like we have come so far and finally making the last steps to finishing this escapade and this comes up and I just want to be sure before spending another outrageous filing fee for one single missing document.
TL;DR
I-485 denied because missing most recent income tax return.
We have the tax return to send with enough income.
No option for appeal.
Option to motion for re-open or re-consider with form I-290b
Do we just send in the I-290b with my most recent income tax return?
To anyone who has an idea how to help it would be so much appreciated, and I will try to keep updates on our situation for anyone who might go through this situation in the future to have the information they need to move forward.
My wife and I came across a bump in finalizing her adjustment of status. Unfortunately we received a Notice of Decision from the UCIS informing our application is hereby denied.
Now the reason being denied I'm quite frustrated to say was because of a missing document which we do have available. In our case it was a copy of the petitioner's most recent Federal income tax return. They do mention receiving a completed and signed I-864 from (me) the petitioner and a copy of my W-2 and 1099-MISC which does provide enough income to sponsor.
Now towards the end of this letter it tells us there is no appeal to this decision. However it also tells us if we desire to file a motion, you must do so on Form I-290b within 30 days.
This is where my questions arise. The form I-290b has a few options which relate to our situation.
A)I am filing a motion to reopen a decision. My brief and/or additional evidence is attached.
B)I am filing a motion to reconsider a decision. My brief is attached. (I have evidence I can send in so this one is irrelevant for this situation)
or
C)I am filing a motion to reopen and a motion to reconsider a decision. My brief and/or additional evidence is attached.
We are caught between A and C, leaning towards C as it says both re-open and re-consider which is what sounds like a solution.
The key thing is I do have what they are missing with enough income to support. So has anyone ever been in this situation? I feel like we have come so far and finally making the last steps to finishing this escapade and this comes up and I just want to be sure before spending another outrageous filing fee for one single missing document.
TL;DR
I-485 denied because missing most recent income tax return.
We have the tax return to send with enough income.
No option for appeal.
Option to motion for re-open or re-consider with form I-290b
Do we just send in the I-290b with my most recent income tax return?
To anyone who has an idea how to help it would be so much appreciated, and I will try to keep updates on our situation for anyone who might go through this situation in the future to have the information they need to move forward.
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