What will happen?

[edmc]

Me and my husband filed the I-130/485/765/131 but did not file the 864 right away. Since then we have not been able to find a sponsor and got an RFE about the 864 with a deadline of May 15. What will happen after May 15 if we still cannot find a sponsor?

Do I have any other options to try and adjust status?
The website says the 765/131 are still processing but when we lookup the 485 it is on hold due to the RFE. Are the 765/131 on hold until they get a 485 RFE response?

Thanks!

[rayb]

You should at least have included an I-864 from the primary sponsor (the petitioner, you or your husband), even if you don't have the income proof to meet the sponsorship requirements.

If you are unable to provide proof of sponsorship from the petitioner and/or a co-sponsor, your I-485 will be denied and your $1,070 submittal fee will be forfeited.

By submitting your I-485 package without ability to sponsor, you took an unnecessary risk with the submittal fees.

Your EAD and Advance Parole will not be issued until the RFE is resolved. If they are issued despite the RFE, they will not be considered valid until the RFEi is resolved.

--Ray B

Me and my husband filed the I-130/485/765/131 but did not file the 864 right away. Since then we have not been able to find a sponsor and got an RFE about the 864 with a deadline of May 15. What will happen after May 15 if we still cannot find a sponsor?

Do I have any other options to try and adjust status?
The website says the 765/131 are still processing but when we lookup the 485 it is on hold due to the RFE. Are the 765/131 on hold until they get a 485 RFE response?

Thanks!

[edmc]

You should at least have included an I-864 from the primary sponsor (the petitioner, you or your husband), even if you don't have the income proof to meet the sponsorship requirements.

If you are unable to provide proof of sponsorship from the petitioner and/or a co-sponsor, your I-485 will be denied and your $1,070 submittal fee will be forfeited.

By submitting your I-485 package without ability to sponsor, you took an unnecessary risk with the submittal fees.

Your EAD and Advance Parole will not be issued until the RFE is resolved. If they are issued despite the RFE, they will not be considered valid until the RFEi is resolved.

--Ray B

Thanks for the reply.

What do they usually send, a NOID letter with time to respond? A flat out denial letter? Once they deny, do I have time to appeal, or do I have to leave the country by a certain date?

[rayb]

The RFE you received may also have included some verbiage that there was an "intent to deny," if the requested evidence was not received by the due date.

If you don't provide the evidence, you will receive a denial letter and advised of your right to file a "Motion to Reopen," I-290B, $630 fee. You will have no "right to appeal," and your "motion to reopen" must include proof that the denial was a USCIS error and not your fault (but it was your fault). So you risk loss of the $630 fee.

If you are unable to come up with sponsorship proof, and/or a co-sponsor, and are subsequently denied, I would not recommend filing a "motion to reopen." Instead wait until you have sponsorship proof, then resubmit your I-485 package with another $1,070 fee.

--Ray B

Thanks for the reply.

What do they usually send, a NOID letter with time to respond? A flat out denial letter? Once they deny, do I have time to appeal, or do I have to leave the country by a certain date?

[edmc]

[QUOTE=rayb;395255]The RFE you received may also have included some verbiage that there was an "intent to deny," if the requested evidence was not received by the due date.

If you don't provide the evidence, you will receive a denial letter and advised of your right to file a "Motion to Reopen," I-290B, $630 fee. You will have no "right to appeal," and your "motion to reopen" must include proof that the denial was a USCIS error and not your fault (but it was your fault). So you risk loss of the $630 fee.

If you are unable to come up with sponsorship proof, and/or a co-sponsor, and are subsequently denied, I would not recommend filing a "motion to reopen." Instead wait until you have sponsorship proof, then resubmit your I-485 package with another $1,070 fee.

--Ray B[/QUOTE

Thanks Ray...Once denied, can I remain in the country/for how long? Does the denial letter tell me to go to court for removal? Would I be illegal be from time I-94 expired or time 485 was denied?

Are their any other options to staying in the county, if I can't find a sponsor? Would I be eligible for a student visa although I am married, already in the USA?

[rayb]

Until you actually receive a Removal Order or are asked to voluntarily leave the country, you can resubmit a new Adjustment package if denied for the first package.

I could ask why the heck you even submitted an Adjustment package when neither the petitioner nor a co-sponsor was available to provide sponsorship proof. Perhaps you had someone lined up for co-sponsoring, and he backed off.

--Ray B

[QUOTE=edmc;395257]

The RFE you received may also have included some verbiage that there was an "intent to deny," if the requested evidence was not received by the due date.

If you don't provide the evidence, you will receive a denial letter and advised of your right to file a "Motion to Reopen," I-290B, $630 fee. You will have no "right to appeal," and your "motion to reopen" must include proof that the denial was a USCIS error and not your fault (but it was your fault). So you risk loss of the $630 fee.

If you are unable to come up with sponsorship proof, and/or a co-sponsor, and are subsequently denied, I would not recommend filing a "motion to reopen." Instead wait until you have sponsorship proof, then resubmit your I-485 package with another $1,070 fee.

--Ray B[/QUOTE

Thanks Ray...Once denied, can I remain in the country/for how long? Does the denial letter tell me to go to court for removal? Would I be illegal be from time I-94 expired or time 485 was denied?

Are their any other options to staying in the county, if I can't find a sponsor? Would I be eligible for a student visa although I am married, already in the USA?