Help needed, Denied I-485

[murrellal 0]

My fiance came over on a K-1 Fiance visa. We got married within 90 days. We turned in the I-485 and all the required information along with the money and everything seemed fine. I was approved to be a sponsor for my fiance when I applied for the K-1 but when I applied to sponsor her for the I-485 it was the last tax year and my AGI was low. I own a business and did major improvements and I fell under the federal poverty level. I got an RFE and sent them an explanation about how I own a business and explained my tax situation, low AGI and listed my assets.

I didn't hear anything so I called and asked them where we stand and explained to the USCIS that I am concerned because I only have 45 days and then our I-485 will be invalid and she can be deported. I told them that I can get a co-sponsor no problem if I didn't satisfy their requirements. The USCIS said it has now passed the RFE stage and I should be fine. So today we got a letter from the USCIS and we were very excited. And then Bam!!! We opened it and it has denied our I-485 and my wife has 30 days to leave the country.

Any advice? I am thinking first contact my congressman. It says there is no appeal to this decision, but I can file a form I-290B with the current fee. Please help, we are super stressed. We would like to avoid an attorney if at all possible.

[murrellal 0]

I meant I-864 not I-134...

[Dakine 26]

I meant I-864 not I-134...

Check and see which of your representatives has the best immigration specialist on their staff. Here in Hawaii a Senator was the best and my congressmen were worthless.

[walls1010 3]

What is the reason why your wife's AOS was denied? Make an infopass appointment as soon as possible, it is better to talked to them in person rather than calling them on the phone.

[rickynlucy 0]

Does it say why you were denied?

I've read about people making an infopass and getting them to re-open the case without an appeal. I don't know if that would apply in your specific situation. Hopefully someone with more knowledge will chime in. Maybe they made some type of error and the RFE never made it to your file?

Good luck.

[murrellal 0]

Thanks everyone. A good nights sleep helps a lot, but I we did a lot of tossing and turning.

It says "You have failed to establish your eligibility for the benefit sought. Accordingly, the application must be, and hereby is, denied." Then it says "There is no appeal to this decision. However, if you are placed in removal proceedings, you may be able to renew this application in such proceedings before an Immigration Judge. Furthermore, the decision is without prejudice to future applications filed with the appropriate USCIS office." Followed by "If you desire to file a motion, you must do so on Form I-290B within 30 days from the date of this notice, (33 days if this notice was received buy mail). The motion shall be filed on form I-290B, together with the current fee and mailed to"....

I will go ahead and make an infopass appointment now. Does anyone have any experience or suggestion with any government official in Oregon? Whta really gets my blood going is, it says my WIFE is "now present in the United States in violation of the law." "You are required to depart the United States within thirty (30) days from the date of this decision, or be subject to removal proceedings. Remaining in the United States beyond this time will affect your ability to return to the United States." Just typing that elevated my heart rate. Time to go to the gym and trow some weights around and hit cardio hard.

Overall, I am just shocked. I need to stay in action and not give up.

[kcoyclay1 98]

My fiance came over on a K-1 Fiance visa. We got married within 90 days. We turned in the I-485 and all the required information along with the money and everything seemed fine. I was approved to be a sponsor for my fiance when I applied for the K-1 but when I applied to sponsor her for the I-485 it was the last tax year and my AGI was low. I own a business and did major improvements and I fell under the federal poverty level. I got an RFE and sent them an explanation about how I own a business and explained my tax situation, low AGI and listed my assets.

I didn't hear anything so I called and asked them where we stand and explained to the USCIS that I am concerned because I only have 45 days and then our I-485 will be invalid and she can be deported. I told them that I can get a co-sponsor no problem if I didn't satisfy their requirements. The USCIS said it has now passed the RFE stage and I should be fine. So today we got a letter from the USCIS and we were very excited. And then Bam!!! We opened it and it has denied our I-485 and my wife has 30 days to leave the country.

Any advice? I am thinking first contact my congressman. It says there is no appeal to this decision, but I can file a form I-290B with the current fee. Please help, we are super stressed. We would like to avoid an attorney if at all possible.

Whenever USCIS says they need something you dont go explaining your situation because the won't over-ride their law for you sweetie. If your income is low then you needed to get the sponsor right away and not wait for anything.

I guess you can get an infopass or something but get a sponsor right away and fill out the I-864. GET A MOVE ON IT IMMEDIATELY!!!!

[rebeccajo 14]

If it were me I would go to my Infopass appointment with my attorney.

[Bobby+Umit 161]

If it were me I would go to my Infopass appointment with my attorney.

Concur. If you don't act now, you will have to make an appeal with the IJ.

[Eric-Pris 1,606]

We would like to avoid an attorney if at all possible.

I assume that you have heard this saying: A man who represents himself has a fool for a client.

This is no time to be looking to save money. I'd go find a lawyer TODAY and get on this right away, it may take time to file things and get appointments so don't wait.

[murrellal 0]

Thanks everyone, I will keep everybody posted.

[Cino 5]

First make INFOPass ASAP to talk to IO about this situation. If you can not get a satisfactory answer,

File 290-B ASAP. USCIS likes the 2nd option bc they can make more money out of you ($585).

Also keep in your mind, IO (@INFOPass APP.) at your local office does not have an authority &

hence can not change any decision made by an Adjudicating Officer @ NBC in MO.

When you get NOA for 290-B, your wife will be safe & She does not have to leave the country;

Case will be re-opened & resumed from wherever was left off.

In the mean time, find your Co-sponsor. Btw, you don't need a lawyer.

They just do paper work & charge like $ 3,000 -$ 5,000 ridiculous prices.

GOOD LUCK !.....

[reeses16 8]

I agree that you should make an infopass appointment and bring your attorney as well as all of the completed forms and documentation from you co-sponsor if possible.

[murrellal 0]

Thanks for all the help.

Well, since USCIS is calling me unfit to financially sponsor my wife I have called my local free immigration legal aid. I have an appointment set up with them and they will join me during my infopass appointment. The legal aid seemed really interested because I already was qualified to bring my wife here on a K-1 and then we got married. Then the turn in the economy and my restaurant got affected, not to bad but bad enough for USCIS standards. Maybe this will change my outlook on these free services... Meanwhile my father i completing a joint sponsor I-864.

It's funny because my restaurant has been open 11 years and I have 10 employees and if I would have been any of my employees even the dishwasher I wouldn't be having this problem.

[breter 0]

I assume that you have heard this saying: A man who represents himself has a fool for a client.

I'm guessing an attorney said that. Not everyone has the money to throw at an attorney. It's common sense advice, but should never be the only advice for any forum since most come here for free advice in the first place! Heck, I'm way above the poverty line and still can't afford an attorney.

Good luck! I'm about to file for my wife and posts like these scare the heck out of me!

Edited May 15, 2009 by Terry D