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  • Re-apply or file for motion?

    After 6 months of waiting in the dark, I finally got the dreaded letter that my I-485 was denied simple due to the lack I-864 submission. While this was definitely my mistake, now I'm wondering if I should re-apply completely or admit my mistakes and ask for benevolence by filing for a motion to re-open my case (I-290B).

    I've gotten advice from two attorneys and they both said to why not go ahead with the I-290B and file for a motion but I'm still scared that it'll be a waste of time AND money. Who knows how long it'll take and there's no guarantee it'll get approved.

    Wanting to see if anybody is or was in my shoes? What is your advice? What did you do? How long did it take?

    Thanks in advance!

  • #2
    If it’s a simple fix then no need to refile. You’d be starting over from the back of the line. You have a few days reply so I would definitely be moving fast to find whatever they asked for and over night it. That’s it.
    Marriage AOS (from tourist visa)
    Received Nov 4th& Priority Date also Nov 4th
    I130 i485 & work permit (did not apply for travel documents )

    Nov 15 received 2 hard copies for NOA
    Nov 22 Received biometrics appointment Notice
    Biometrics done, Dec 2nd.

    Jan 6 2020 courtesy letter for missing medical (dated Dec 31 2019, mailed Jan 2nd 2020)
    Ready to be scheduled for interview (Jan 31st 2020)

    “Nothing can stop Gods plan for your life” Isaiah 14:27

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    • #3
      Unfortunately, it wasn't a simple letter indicating I forgot to file a form. It was a hard denial letter indicating that I couldn't file for an appeal but could file for a motion. I only have two options: Re-file or file for a motion to re-open the case.

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