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I-485 Rejected Twice for missing I -864 With 40 Quarters ( Your Help is Needed)

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  • I-485 Rejected Twice for missing I -864 With 40 Quarters ( Your Help is Needed)

    Hi Guys,

    My I-485 has been rejected twice for the same reasons. I filed everything, including I-944 but did NOT include I-864. I do NOT include the form I-864 because I have more 40 Qualifying Quarters in the Country since I have been working legally for 16 years in the Country. The funny thing is that the instructions Page 1 & 2 of the Form I-864 clearly indicates that I am EXEMPT from filing I-864 provide that I send my Social Security Statement.

    The frustrating part is that I have talked to 2 immigration lawyers who confirmed that I am correct and I need to highlight that for them and even send them special paper with colors highlight that fact.

    Does Any of you Experience this?
    05/08/20: I-485, I-765, I-131, I-944 sent to USCIS
    05/13 Rejected due to lack of I-864
    05/27 resubmitted with explanation
    06/03 Rejected again-same reason
    06/13 Resubmitted with I-864
    07/07 Lockbox emailed back and ask to resubmit
    07/09 Filings accepted with PD 05/08/20 (nice)
    08/06 Prior biometrics applied to I485
    08/28 Took biometrics for I-765 only
    09/28 I-765's Cards Ordered
    10/02 EAD/AP received
    04/12 Interview Sched
    05/11 Interview done approval on the spot but no USCIS update online

  • #2
    You should add a letter that you include in place of the I-864, detailing the reasons why you are exempt from the I-864. Give it a clear subject line like "RE: Exemption from I-864 Filing Requirement". Attach a copy of your Social Security Statement to show evidence of your work history.

    This is not legal advice, it's just my interpretation of the forms and their instructions.
    USC married to a Canadian on TN status in San Francisco

    06/03/20 - Sent I-485, I-130, I-131, I-765 via Priority Mail
    06/05/20 - Receipt Date
    06/18/20 - Check was cashed
    06/18/20 - Text messages with case numbers (~9:30pm Pacific)
    06/22/20 - Notice of Receipts via mail
    07/06/20 - I-693 Courtesy Letter
    08/17/20 - Biometrics Appt Notice for 8/24
    08/28/20 - Case is Ready to Be Scheduled for An Interview!
    10/14/20 - I-765 and I-131 approved
    10/19/20 - EAD/AP issued
    12/01/21 - EAD/AP renewed

    Comment


    • #3
      Originally posted by catparade View Post
      You should add a letter that you include in place of the I-864, detailing the reasons why you are exempt from the I-864. Give it a clear subject line like "RE: Exemption from I-864 Filing Requirement". Attach a copy of your Social Security Statement to show evidence of your work history.

      This is not legal advice, it's just my interpretation of the forms and their instructions.
      Bro: The funny thing is that I have done all of what you have said. I even talked to 2 Immigration Attorneys before re sending it who told me to do the exact same thing, which I did. I Even talked to a USCIS Supervisor who told me the same thing. At this point, I am speechless to see the people in the processing center cannot realize that. I am gonna try to talk to USCIS again tomorrow but my hope is pretty low.
      05/08/20: I-485, I-765, I-131, I-944 sent to USCIS
      05/13 Rejected due to lack of I-864
      05/27 resubmitted with explanation
      06/03 Rejected again-same reason
      06/13 Resubmitted with I-864
      07/07 Lockbox emailed back and ask to resubmit
      07/09 Filings accepted with PD 05/08/20 (nice)
      08/06 Prior biometrics applied to I485
      08/28 Took biometrics for I-765 only
      09/28 I-765's Cards Ordered
      10/02 EAD/AP received
      04/12 Interview Sched
      05/11 Interview done approval on the spot but no USCIS update online

      Comment


      • #4
        That really sucks. I guess the folks at the Lockbox are not able to handle the nuances of your situation and just conclude "I-864 is missing, reject". :-/

        Best of luck. I'm sure you'll be able to get through somehow. You could try reaching out to LockboxSupport@uscis.dhs.gov .
        USC married to a Canadian on TN status in San Francisco

        06/03/20 - Sent I-485, I-130, I-131, I-765 via Priority Mail
        06/05/20 - Receipt Date
        06/18/20 - Check was cashed
        06/18/20 - Text messages with case numbers (~9:30pm Pacific)
        06/22/20 - Notice of Receipts via mail
        07/06/20 - I-693 Courtesy Letter
        08/17/20 - Biometrics Appt Notice for 8/24
        08/28/20 - Case is Ready to Be Scheduled for An Interview!
        10/14/20 - I-765 and I-131 approved
        10/19/20 - EAD/AP issued
        12/01/21 - EAD/AP renewed

        Comment


        • #5
          Here's another tip, from https://www.uscis.gov/archive/archiv...box-processing

          stakeholders can continue to put “attention supervisor” on packages when they are being resubmitted because of a previously rejected application or petition.
          USC married to a Canadian on TN status in San Francisco

          06/03/20 - Sent I-485, I-130, I-131, I-765 via Priority Mail
          06/05/20 - Receipt Date
          06/18/20 - Check was cashed
          06/18/20 - Text messages with case numbers (~9:30pm Pacific)
          06/22/20 - Notice of Receipts via mail
          07/06/20 - I-693 Courtesy Letter
          08/17/20 - Biometrics Appt Notice for 8/24
          08/28/20 - Case is Ready to Be Scheduled for An Interview!
          10/14/20 - I-765 and I-131 approved
          10/19/20 - EAD/AP issued
          12/01/21 - EAD/AP renewed

          Comment


          • #6
            Originally posted by catparade View Post
            That really sucks. I guess the folks at the Lockbox are not able to handle the nuances of your situation and just conclude "I-864 is missing, reject". :-/

            Best of luck. I'm sure you'll be able to get through somehow. You could try reaching out to LockboxSupport@uscis.dhs.gov .
            Thank you- Let me try that route.
            05/08/20: I-485, I-765, I-131, I-944 sent to USCIS
            05/13 Rejected due to lack of I-864
            05/27 resubmitted with explanation
            06/03 Rejected again-same reason
            06/13 Resubmitted with I-864
            07/07 Lockbox emailed back and ask to resubmit
            07/09 Filings accepted with PD 05/08/20 (nice)
            08/06 Prior biometrics applied to I485
            08/28 Took biometrics for I-765 only
            09/28 I-765's Cards Ordered
            10/02 EAD/AP received
            04/12 Interview Sched
            05/11 Interview done approval on the spot but no USCIS update online

            Comment

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