I485 denied due to lack of I-864

[Maimaiya]

I am an US citizen, I filed I-130 and I-485 for my mother who is currently visiting US under B2 visa on Feb 2021.

I did not submit my I-864 since my brother (permanent resident) was co-sponsoring my mother and his income was sufficient. He submitted his I-864 submitted all the required documents on May 2021.

I recently received a letter from USCIS saying I-485 was denied due to lack of petitioner’s I-864 and asked to file I-290B motion to reopen/ reconsider the case with “A properly completed and signed Form I-864, Affidavit of Support, from the petitioning sponsor listed on Form

I-130 with all pages present and of the latest edition date and a copy of the petitioning sponsor's Federal income

tax return for the most recent tax year with all supporting tax documents. “




What should I do? Please give me some guidance so I can take the right step. Thank you in advice.

[newacct]

As the petitioner, you need to complete an I-864, regardless of whether your income is enough and regardless of whether there is a joint sponsor. Just complete an I-864 and file a motion to reopen like it says.

[Maimaiya]

Thank you for your advice. I will do that. Should I include a letter to explain my situation?

[newacct]

Thank you for your advice. I will do that. Should I include a letter to explain my situation?

Yes, you need to provide an explanation with the motion.