Re-Filing Wife's I-485 after denial

[jmd]

Hello everyone!
My wife's concurrent filing of I-485, I-131, I-765 were all denied/revoked due to an issue with income verification (most recent taxes were not available in time to satisfy RFE because my parents (joint sponsor) file extensions every year on their taxes). I am a USC studying for my medical board exams and will have no income until 2018 when I begin residency. I began filing for her adjustment of status last year in march (we moved back from Costa Rica in January 2016-she is here on B2 visa) and we received the denial notice in January of this month. We have the option to "Motion to Reopen" the case, but have been advised that it would most likely be easier and quicker to just refile everything, starting from scratch. My question is, now that my wifes visa is now technically 'revoked' (because previous I-485 denial and is passed the 90 day visa limit) will I encounter any issues with the re-filing of these forms?

[Bayfield]

Hello everyone!
My wife's concurrent filing of I-485, I-131, I-765 were all denied/revoked due to an issue with income verification (most recent taxes were not available in time to satisfy RFE because my parents (joint sponsor) file extensions every year on their taxes). I am a USC studying for my medical board exams and will have no income until 2018 when I begin residency. I began filing for her adjustment of status last year in march (we moved back from Costa Rica in January 2016-she is here on B2 visa) and we received the denial notice in January of this month. We have the option to "Motion to Reopen" the case, but have been advised that it would most likely be easier and quicker to just refile everything, starting from scratch. My question is, now that my wifes visa is now technically 'revoked' (because previous I-485 denial and is passed the 90 day visa limit) will I encounter any issues with the re-filing of these forms?

Sounds like you were not in the US and looking to adjust?

[jmd]

Sounds like you were not in the US and looking to adjust?

No, we filed all the paperwork while here in the US while she was under her B2 Visa. Her 90 day stay was extended during the whole process but now since it was denied and she never left, her Visa is considered revoked and she has now technically overstayed her time here. So, my question is, does this impose some type of problem when re-filing I-485?

Thank you for the response

[newacct]

No, it doesn't matter a bit. Whether she's in status or not is not relevant to her Adjustment of Status.

[jmd]

Ok thank you!

Will my wife be given a new alien # when re-filing the I-485 or can we use the same alien # from the previous application attempt?

Also, will I need to file a new Petition for Alien Relative (I-130) even though on the previous application denial it says nothing about it being revoked?

Thanks again for the input!

[newacct]

Will my wife be given a new alien # when re-filing the I-485 or can we use the same alien # from the previous application attempt?

Use the same A number.

Also, will I need to file a new Petition for Alien Relative (I-130) even though on the previous application denial it says nothing about it being revoked?

No. The I-130 is only about the validity of the relationship and has nothing to do with the Affidavit of Support. It is not affected by the I-485 denial. Attach a copy of the I-130 receipt to the new I-485 filing (or the approval if it has been approved).

[jmd]

Thanks for all the replies!

Are we required to send in my wifes medical exam with her I-485 or can we wait and take that with us to the interview?

[jmd]

-Does anyone know if it is necessary to have a criminal background check sent in with the new I-485? We sent one in with the previous I-485 (is now expired), but was just looking over the instructions and from what I understand, is only needed if there actually IS some criminal behavior. Can anyone clarify this?

[newacct]

-Does anyone know if it is necessary to have a criminal background check sent in with the new I-485? We sent one in with the previous I-485 (is now expired), but was just looking over the instructions and from what I understand, is only needed if there actually IS some criminal behavior. Can anyone clarify this?

It is not needed.