485 denied due to 864 is missing

[meetcute99]

Hi, After five months waiting, I just got denied cause I didn’t submit 864,I received a letter from USCIS. It says submit 290B to motion or appeal with 30 days.
the question is do I need submit 864 with 290B together or 485 and 290B?

[Timona]

Well, the letter is plain simple. You can only use form 290B if the error was made on USCIS side. This, however, is not the case as you are the one who made the error. So you cannot appeal (290B) and tell them that they are the ones who made the error.

I guess you'll have to start from scratch.

[jdtube7]

This happened to my mom's case. I submitted I-290 to reopen the case, with honest explanation that I did not receive RFE for I864. USCIS was gracious to consider genuine reason and they approved I-290B , now I-485 is reopen.
However, it is upto USCIS decision after evaluating our reasons and situation, but wanted to share my scenario.

[jtrcy]

Hello, we are on the same boat! I petitioned my mom who is currently in the US, I-130 is approved, I-485 is denied due to no affidavit of support but I submitted it and tax return transcripts too. But they said I didn’t send it. So I filed I-290. No notification or anything yet. All I know is they received it by fedex tracking and signature. My question is can my mom stay while I-290 is processing? Thanks in advance!

[Adri05]

Hello... I am in the same situation...
jdtuve7.... how long did it take after i-290b fillling to reopen status?
When did they deny your mom i485?
What is the current status of your mom petition?

[Adri05]

This happened to my mom's case. I submitted I-290 to reopen the case, with honest explanation that I did not receive RFE for I864. USCIS was gracious to consider genuine reason and they approved I-290B , now I-485 is reopen.
However, it is upto USCIS decision after evaluating our reasons and situation, but wanted to share my scenario.

how long did it take after i-290b fillling to reopen status?
When did they deny your mom i485?
What is the current status of your mom petition?