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  • I485 Denied. Need Help

    I'm sorry if this isn't the correct place to put this, but my wife's and I I485 was just denied, after waiting about a year for a 3 month process we contacted a congressman to finally get the answer, and it was denied due to not having enough income. During the 1 year process I lost my job due to family complications, BUT I had my job for about 7 months in that time span of a year, I also had savings, and a pretty good credit line that I added to my assets. Sorry if this information is useless.

    The question is, what do we do now? Do we submit an I290b? With the I290b could we Reopen the case and add a joint sponsor this time? At the time I didn't think I needed one since I had all the evidence and proof of over poverty guideline income, or does she go home, and we refile overseas? or should she stay and we refile here? We didn't have a lawyer but I'm thinking about getting one this time around. I would really love and appreciate some help and advice we're devastated and at our wit's end right now. This past year has been really traumatic for us to say the least.

    Happy New Year, and thanks in advance really looking forward to some advice.

  • #2
    Happy new year to you, as well

    I assume you are a US citizen, and are petitioning for your spouse who entered with inspection (eg with a visa). In that case, I strongly suggest she do not appeal her denial, because it sounds like her application for adjustment of status was denied with good cause. You lacked ongoing income, and a credit line is not regarded as an asset.

    Instead, I would suggest she file a new application to adjust status using Form I-485, and this time you should both remedy all the faults with her prior application. It sounds like the only issue is her financial support. In that case, you should find a co-sponsor (eg through your family) or you should get a job that is sufficient to put your household beyond 125% of the federal poverty line. $20,300/yr income is not terribly difficult to achieve in many parts of the country

    In no circumstance should she leave the United States - she may have accrued sufficient unlawful presence to statutorily bar her from returning for 3 or 10 years.

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    • #3
      Sorry to hear that you can start all over again the best thing get a lawyer so he she can advise you what the next step i don recommends your spouse to go back she may face additional problems at the port of entry due having to AOS denied

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      • #4
        Originally posted by inadmissible View Post
        Happy new year to you, as well

        I assume you are a US citizen, and are petitioning for your spouse who entered with inspection (eg with a visa). In that case, I strongly suggest she do not appeal her denial, because it sounds like her application for adjustment of status was denied with good cause. You lacked ongoing income, and a credit line is not regarded as an asset.

        Instead, I would suggest she file a new application to adjust status using Form I-485, and this time you should both remedy all the faults with her prior application. It sounds like the only issue is her financial support. In that case, you should find a co-sponsor (eg through your family) or you should get a job that is sufficient to put your household beyond 125% of the federal poverty line. $20,300/yr income is not terribly difficult to achieve in many parts of the country

        In no circumstance should she leave the United States - she may have accrued sufficient unlawful presence to statutorily bar her from returning for 3 or 10 years.
        You'd be correct. I know this is an answer I should already know but, does she accrue unlawful presence while she was in AoS? If not she doesn't have enough unlawful presence that would result in a ban. That's the real problem we are having, we've been waiting for her travel papers the whole time, she has a lot of sick family, that she needs to take care of. You guys are amazing!

        I will take in you guys advice, thanks so much for your help. I appreciate your time you've given me.

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        • #5
          Was your wife's i-485 denied or did you receive a notice of intent to deny? These are two different things

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          • #6
            Originally posted by Khamatic View Post
            does she accrue unlawful presence while she was in AoS? If not she doesn't have enough unlawful presence that would result in a ban. That's the real problem we are having, we've been waiting for her travel papers the whole time
            An individual with a properly filed, pending application for adjustment of
            status does not accumulate unlawful presence as of the date the application is properly filed. The accrual of unlawful presence is tolled until the application is denied. I'm not sure, however, if her application for adjustment of status was "properly filed" if she in fact lacked the financial support necessary for the application. If she chooses to travel abroad, this interpretation will be made by the consulate abroad (when she applies for an immigrant visa), and she will have no recourse if they make an adverse decision

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            • #7
              Originally posted by azblk View Post
              Was your wife's i-485 denied or did you receive a notice of intent to deny? These are two different things
              It was denied, we've been waiting about a year for the process, until we called our congress person it was stalled for whatever reason, and the reason given was lack of income. We've received all of the acceptance letters, and receipts prior.

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              • #8
                Originally posted by Khamatic View Post
                It was denied, we've been waiting about a year for the process, until we called our congress person it was stalled for whatever reason, and the reason given was lack of income. We've received all of the acceptance letters, and receipts prior.
                At this point the easiest solution is to find a cosponsor and start over. Were you not issued a NOID giving you 30 days to correct the situation?

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                • #9
                  One complication in this case might be that the OP has said in previous posts that his wife is on VWP, and people on VWP don't get a hearing if they are put into removal proceedings. AOS denial might lead them to initiate removal proceedings, and if that happens, since they don't get a hearing, they don't get to challenge the denial or get to file AOS with the immigration judge. I am wondering whether trying to reopen the denied AOS case with a Motion to Reopen with the new evidence of a joint sponsor I-864 might decrease the chance they might initiate removal proceedings compared to abandoning the case and filing a new one.

                  This is my personal opinion and is not to be construed as legal advice.

                  Comment


                  • #10
                    Originally posted by newacct View Post
                    One complication in this case might be that the OP has said in previous posts that his wife is on VWP, and people on VWP don't get a hearing if they are put into removal proceedings. AOS denial might lead them to initiate removal proceedings, and if that happens, since they don't get a hearing, they don't get to challenge the denial or get to file AOS with the immigration judge. I am wondering whether trying to reopen the denied AOS case with a Motion to Reopen with the new evidence of a joint sponsor I-864 might decrease the chance they might initiate removal proceedings compared to abandoning the case and filing a new one.
                    Is that an option to reopen with new evidence? I was thinking if you reopened the case they would just take all of your old submitted paperwork, and just deny us again. An answer on that would help us graciously! Thanks for all the advice being given, I really appreciate your time!

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                    • #11
                      Originally posted by Khamatic View Post
                      Is that an option to reopen with new evidence? I was thinking if you reopened the case they would just take all of your old submitted paperwork, and just deny us again. An answer on that would help us graciously! Thanks for all the advice being given, I really appreciate your time!
                      You can add evidence if they agree to reopen/reconsider the case. What makes this difficult is in most cases you have to show that the USCIS made a mistake in their decision. Since you lost your job and no longer had satisfied the conditions for i-864 the onus was on you to find a cosponsor before your case was denied. Since you did not do this, the USCIS correctly adjudicated your case and it is unlikely they will reopen or reconsider even if you currently have enough income or can add a cosponsor. IMO the easiest way to go is to refile everything and include a cosponsor.

                      The reason I asked earlier whether they sent you a NOID giving you 30 days to correct the situation is if they did not then you can make a plausible argument to reopen or reconsider the case. Otherwise you only option at this time to restart the process and time is of the essence because the longer you take the more likely they will refer the case to ICE.

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                      • #12
                        Hi! Sorry to hear about the outcome of your case. Here is a similar topic that you might find useful. I wish you all the luck moving forward!

                        Marriage; Concurrent
                        11.22.2017: PD
                        12.04.2017: 4 NOAs in mail
                        12.28.2017: Bio Appmt
                        04.23.2018: RFE in Mail
                        06.29.2018: RFE Response Sent
                        07.02.2018: RFE Response Rcvd
                        07.21.2018: I-693 Courtesy Ltr
                        07.26.2018: "Interview scheduled"
                        08.02.2018: Interview Notice in mail
                        08.31.2018: INTERVIEW/Approval
                        09.04.2018: SS Card in mail
                        09.05.2018: "We mailed your EAD"
                        09.06.2018: "We mailed your GC"
                        09.08.2018: EAD/AP Combo card & I-130/I-485 Approvals in mail
                        09.10.2018: GC in hand

                        Comment

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