I485 denied, I130 pending, have to leave in 33 days/reapply I485. What to do?

[Pkaur]

Hi All,

My husband and I recently received a decision from USCIS that my I485 was denied due to insufficient income of my husband who is a US citizen. We even put down his father as a joint sponsor when we got the RFE advising to get a joint sponsor but it wasn't enough however my husband and father in law have increased their incomes and added more assets but we don't have time to get all the papers together especially this years tax forms! They are gonna take a week to come back. The attorney we kind of hired has been asking us for all the papers but realistically I only have 2 weeks left before my 33 days are up which is on 16th march 2020. There's a chance they won't receive my AOS package or it can get lost in transit. Can I just leave and reapply again while I'm in my home country? As we want to be accurate this time and we need some time to gather more papers! The I130 is still pending as of now. Will it affect me in anyway if I still leave the country?
I do not want to overstay and complicate the case even more that is why I am thinking to leave and reapply from my home country. Please advise.

[newacct]

Since it's before April 15, 2020, they don't need 2019 tax returns; they can use 2018 as the most recent year's tax returns. They should show recent pay stubs and/or employer letter to prove current income.

As you are in the Immediate Relative category, you are eligible to file I-485 when out of status, no matter how long you've been out of status. The 33 days thing is that they will give you a Notice to Appear (NTA) for removal proceedings if you are still in the US 33 days (the deadline for filing a motion to reopen or reconsider) after I-485 denial. Because removal proceedings is a big hassle, it is a good idea to either 1) file a motion to reopen within 30 days of denial to try to reopen your denied I-485 with new evidence, or 2) file a new I-485 within the 33 days before you get an NTA. Another thing to consider is that if you file I-485 now, or do consular processing from abroad now, it will be subject to the new public charge rule and you will need to use new editions of forms plus complete the I-944/DS-5540 form which asks lots of information about your life. So it might be beneficial to reopen your denied I-485 (which is not subject to the public charge rule since it was filed before it took effect) if possible.

[azblk]

Since it's before April 15, 2020, they don't need 2019 tax returns; they can use 2018 as the most recent year's tax returns. They should show recent pay stubs and/or employer letter to prove current income.

As you are in the Immediate Relative category, you are eligible to file I-485 when out of status, no matter how long you've been out of status. The 33 days thing is that they will give you a Notice to Appear (NTA) for removal proceedings if you are still in the US 33 days (the deadline for filing a motion to reopen or reconsider) after I-485 denial. Because removal proceedings is a big hassle, it is a good idea to either 1) file a motion to reopen within 30 days of denial to try to reopen your denied I-485 with new evidence, or 2) file a new I-485 within the 33 days before you get an NTA. Another thing to consider is that if you file I-485 now, or do consular processing from abroad now, it will be subject to the new public charge rule and you will need to use new editions of forms plus complete the I-944/DS-5540 form which asks lots of information about your life. So it might be beneficial to reopen your denied I-485 (which is not subject to the public charge rule since it was filed before it took effect) if possible.

On what grounds can she reopen the denied i-485?

[Pkaur]

Since it's before April 15, 2020, they don't need 2019 tax returns; they can use 2018 as the most recent year's tax returns. They should show recent pay stubs and/or employer letter to prove current income.

As you are in the Immediate Relative category, you are eligible to file I-485 when out of status, no matter how long you've been out of status. The 33 days thing is that they will give you a Notice to Appear (NTA) for removal proceedings if you are still in the US 33 days (the deadline for filing a motion to reopen or reconsider) after I-485 denial. Because removal proceedings is a big hassle, it is a good idea to either 1) file a motion to reopen within 30 days of denial to try to reopen your denied I-485 with new evidence, or 2) file a new I-485 within the 33 days before you get an NTA. Another thing to consider is that if you file I-485 now, or do consular processing from abroad now, it will be subject to the new public charge rule and you will need to use new editions of forms plus complete the I-944/DS-5540 form which asks lots of information about your life. So it might be beneficial to reopen your denied I-485 (which is not subject to the public charge rule since it was filed before it took effect) if possible.

Thanks a lot for that info. We finally went back to the lawyer today and sorted everything out. They told me not to leave the country at any cost as we can refile it which is what we are doing right now and overnight it by next week Tuesday. We also had to fill in the i944 form as well which was very lengthy!

[Pkaur]

On what grounds can she reopen the denied i-485?

We are refiling which is in process and the lawyer has helped us making the package even stronger with the evidence which we never submitted before.

[Pkaur]

Since it's before April 15, 2020, they don't need 2019 tax returns; they can use 2018 as the most recent year's tax returns. They should show recent pay stubs and/or employer letter to prove current income.

As you are in the Immediate Relative category, you are eligible to file I-485 when out of status, no matter how long you've been out of status. The 33 days thing is that they will give you a Notice to Appear (NTA) for removal proceedings if you are still in the US 33 days (the deadline for filing a motion to reopen or reconsider) after I-485 denial. Because removal proceedings is a big hassle, it is a good idea to either 1) file a motion to reopen within 30 days of denial to try to reopen your denied I-485 with new evidence, or 2) file a new I-485 within the 33 days before you get an NTA. Another thing to consider is that if you file I-485 now, or do consular processing from abroad now, it will be subject to the new public charge rule and you will need to use new editions of forms plus complete the I-944/DS-5540 form which asks lots of information about your life. So it might be beneficial to reopen your denied I-485 (which is not subject to the public charge rule since it was filed before it took effect) if possible.

We refiled the entire application and they received the package on 5th March. And I haven't received an email nor a sms regarding the receipt of the package (we did file G1145 form) my 33 days are coming to an end on 16th March. Should I be worried?