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  • Denied 485

    I made a very stupid mistake and forgot to file my I-864 with my I-485,I-130, and I-765 (I have no interest in leaving the country so I didn't file for an I-131 at all). My wife is a pharmacist and I'm an Electrician so we definitely make income above the 125% poverty line. But because I forgot to submit an I-864, my I-485 was denied. Is there anyway to correct this by just sending the I-864? Do I have to submit it all over again and wait? Was this a $2000 mistake on my behalf or is there something that can be done to rectify this at a lesser cost? I remember not too long ago USCIS would send an RFE instead of denial if something was missing.
    "Upon Reviewing the documents you submitted, you failed to provide Form I-864 with supporting financial documents.
    You were required to submit a properly completed Form I-864, Affidavit of Support under Section 231A of the INA, and supporting financial documents as outlined in the Form I-864 instructions. Because you did not submit the required evidence, you have failed to establish that you are admissible to the United States as required under INA section 245(a).

    Therefore, we have denied your Form I-485.

    You can view a complete list of laws pertaining to our denial at the end of this letter. You can vew a full list of required documents on our website.

    What you need to do

    Our regulations do not allow you to appeal this decision. However, if you believe we denied your form I-485 in error, you may file Form I-290B, NOtice of Appeal or Motion, within 30 days of the date of this notice if you received it in person, or within 33 days if you recived the notice by mail. Sec 8 CFR 103.5(a) and 103.8(b). Mail your form I-290 and the current fee"


  • #2
    That's a very unfortunate situation. Are you sure they didn't send you an RFE to ask for the I-864 at the beginning? perhaps they sent (or thought they sent) you an RFE and you didn't respond to it. Take a look at your USCIS e case status online. Did it say "we sent an RFE"? Getting an I-485 denied is a big deal and the USCIS doesn't do it lightly. At the very least you'll have to ask them to submit it now or file a motion for appeal.
    --Good luck--
    Good luck. I learned the hard way, I hope you don't have to. Immigration is interesting. Not considered as legal advice.

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    • #3
      It is USCIS's prerogative and there is no option to appeal. Plus appeals take up to 24 months with no benefits in the interim. Then your appeal could still be denied. Do the sure thing! Refile your I-485 ASAP and be sure to include everything this time. No way around it. I know you will be more thorough with your research and make sure you file all the required forms this time.

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      • #4
        file another i-485 with your i-130 receipt notice. Make sure you include everything else this time

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        • #5
          Only thing I can add here is maybe get a lawyer if you don’t have one? If you had one, the lawyer would have told you to submit the 864 as well. It’s worth every penny to be represented by a lawyer.

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