485 denied SF 2019

[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?

[Maria L]

Hello, I am very sorry to hear about this. I had my case denied and I know how it is.
As heartbreaking it might be when being denied, in your case the motion 290B is not a good idea. These motions are to be filed when USCIS makes a mistake and you want them to reconsider the decision.
In your case, it wasn't their mistake. So I would save the time and money and file everything all over again.
When filing the motion, there is no timeline to follow, and I don't think you need that now. Waiting in vain.
A good part in all this is you'll be given the same Priority Date for your i-485 at least.
I filed in October 2018, got denied in February 2019 because of missing federal tax returns, refiled in Mach 2019 and in August I got my EAD. Interview was in July 2019 but I'm still waiting for a decision. So they kept my PD for the i-485.

Wish you all the best and keep us posted!

[meetcute99]

Do i submit 290b with 864 together or resubmit 485 with 290b together? anyone tell the? please help

[UserNY]

I agree with Maria that filling 485 asap is the way to go. Did you get any RFE for the missing 864? That seems a bit harsh. You could still speak with a lawyer to check your chances on a 290b. I agree with Maria that a motion to reconsider will not work here but a motion to reopen may(same 290b). From USCIS site: "A motion to reopen is a request to the office that issued the unfavorable decision to review its decision based on new facts." A 864 seems a new fact but not sure if that works (also waiting 6+ month for the 290b to maybe reopen and then waiting for a EAD etc.. seems a waste of time and money). If I had to choose, i would just file again since it has only been 5 month.

[meetcute99]

My 130 approved, so I don
't need file 130 again, so sad, what a waste.

[b3b3g1]

I think you need to get help on how to reapply.

[meetcute99]

my I-94 can't find record, Is it Ok I LEAVE IT ON 485 BLANK?

[Scanigm]

I lost my i94 too. Thank God I have a stamp on my passport

[vbquoc]

my I-94 can't find record, Is it Ok I LEAVE IT ON 485 BLANK?

When did you enter the US? I think if anyone enters before 2012, there is no I94 electronic document. If you were in school, you can contact them to have a copy of this document.

[meetcute99]

I came here 2013, I don’t why show no record, I can print it out 2017. But I was stupid , I didn’t keep it

[Count MeIn]

I filed in October 2018, got denied in February 2019 because of missing federal tax returns, refiled in Mach 2019 and in August I got my EAD. Interview was in July 2019 but I'm still waiting for a decision. So they kept my PD for the i-485.

Wish you all the best and keep us posted!

Did you not submit anything for tax return or did you submit photocopies instead of transcripts?

[Enub4]

When did you enter the US? I think if anyone enters before 2012, there is no I94 electronic document. If you were in school, you can contact them to have a copy of this document.

The online site will only show the last 5 years.

Because 2013 is after the change to electronic document maybe there is a way to ask CBP for a copy but I don't know.

[RiverZ]

Did you get a RFE asking for the I-864 form?

[meetcute99]

I post a pic here already, I just refile it, I don’t know how long it takes