Denied I-485 and in deportation

[UClove 0]

I came into the United States with K-1 Visa. I got married to my fiance within the 90 days. I filed for an I-485 which was denied the reason being that my husband did not submit a W-2. I was immediately placed on deportation. I have appeared before the judge a couple of times but now the government attorney suggest that my husband file another I-130 and I-485. What is the right thing to do at this point?

[Old Dominion 26]

Something is missing in this posting. The USCIS usually sends a letter requesting additional evidence (in this case,the W-2 from your husband) and always gives notice of its intention to deny for a specific reason. That notice gives up to 90 days to provide the evidence they need.

Is there a reason your husband didn't send the W-2? Would he be able to do so if you reapply?

[Hell0W0rld 10]

yep, usually an RFE is issued for missing documents, not denied I485 and deportation... there could be a bigger issue either USCIS is not telling you or your husband is not telling you or you are not telling us..

[Boiler 45,951]

May well be a good idea to start again, but the deportaion notice complicates matters. Time to talk to a Lawyer.

[Otto 83]

Agree with previous responses - not enough information.

That said, if you're in removal proceedings, you should (if you don't already) be seeking the legal advise of a qualified family-based immigration attorney.

[UClove 0]

Something is missing in this posting. The USCIS usually sends a letter requesting additional evidence (in this case,the W-2 from your husband) and always gives notice of its intention to deny for a specific reason. That notice gives up to 90 days to provide the evidence they need.

Is there a reason your husband didn't send the W-2? Would he be able to do so if you reapply?

My husband receives 1099, and that's what he sent to them

[Darnell 8,479]

The I-864 helps paint a picture of the sponser's financial world. Although your husband only RECEIVED 1099's, surely he has a big collection of tax returns, or even the last 3 years of tax transcripts from the IRS, when he submitted the I-864.

To be 'solely denied' for 'no w-2s' sounds specious, to me. There's got to be some other part of the story that we don't know about - perhaps.........

You sent off the AOS package, moved, an RFE was sent to the OLD address, you NEVER got it, and subsequently didn't reply to it.

NOW, when you call in to check about the status, it shows you've never responded to the RFE...

Anyway, that's just my guess, and I'd be happy to be wrong.

Although you are currently pegged for deportation - it won't happen WITHOUT A DEPORTATION HEARING - and I suggest you get a good immigration attorney (not a government attorney - they don't really care about your case ) and have him stand up at the DEPORTATION HEARING and request a continuance, with a re-evaluation of all documents on the I-864.

The concept to refile an I-130 and 485 again, whilst do-able, will keep you in the USA for a bit (as your status somehow gets changed to 'status in process' ...

But - get an attorney, now.

[Dakine 26]

Something is missing in this posting. The USCIS usually sends a letter requesting additional evidence (in this case,the W-2 from your husband) and always gives notice of its intention to deny for a specific reason. That notice gives up to 90 days to provide the evidence they need.

Is there a reason your husband didn't send the W-2? Would he be able to do so if you reapply?

My husband receives 1099, and that's what he sent to them

Are you for real? Sorry but your info is lacking and not realistic.

[trillium13 84]

Agree with other posters that you need an attorney-also agree that there is information missing here.

[Gary and Alla 3,694]

I came into the United States with K-1 Visa. I got married to my fiance within the 90 days. I filed for an I-485 which was denied the reason being that my husband did not submit a W-2. I was immediately placed on deportation. I have appeared before the judge a couple of times but now the government attorney suggest that my husband file another I-130 and I-485. What is the right thing to do at this point?

If you seek advice from anyone here, then tell us the whole story and reason for denial. Your AOS was NOT denied because your husband forgot to attach a w-2. You DID NOT go before a judge for this reason. You would not be deported for this reason. If you are willing to be honest, maybe we can help

[Gary and Alla 3,694]

Something is missing in this posting. The USCIS usually sends a letter requesting additional evidence (in this case,the W-2 from your husband) and always gives notice of its intention to deny for a specific reason. That notice gives up to 90 days to provide the evidence they need.

Is there a reason your husband didn't send the W-2? Would he be able to do so if you reapply?

My husband receives 1099, and that's what he sent to them

Then he is self employed and does not receive w-2s. Again, not a reason for denial. Perhaps he does not make enough money to sponsor you, the alternative is a joint sponsor. IF he does not make enough money and IF you do not have a joint sponsor, then YES the application would be denied, but you would have plenty of opportunity to do this before deportation procedings. Whay has he not done this?

[htslogistics-john 1]

did he file taxes the last 3 years? just because he has 1099's does not mean he paid taxes. he has to file taxes every year if he didn't he might owe a bunch of money to the irs and local govmnts, that couns against your income.

but like everyone said we need the whole story here.

[Otto 83]

I suspect (and could be way off but...) the OP was issued an RFE (either initially or at/after the interview), didn't respond (either at all, late, or unsatisfactorily) and the case was denied.

[rebeccajo 14]

I came into the United States with K-1 Visa. I got married to my fiance within the 90 days. I filed for an I-485 which was denied the reason being that my husband did not submit a W-2. I was immediately placed on deportation. I have appeared before the judge a couple of times but now the government attorney suggest that my husband file another I-130 and I-485. What is the right thing to do at this point?

If you seek advice from anyone here, then tell us the whole story and reason for denial. Your AOS was NOT denied because your husband forgot to attach a w-2. You DID NOT go before a judge for this reason. You would not be deported for this reason. If you are willing to be honest, maybe we can help

Incorrect. And Rude.

I suspect (and could be way off but...) the OP was issued an RFE (either initially or at/after the interview), didn't respond (either at all, late, or unsatisfactorily) and the case was denied.

This is indeed probably what happened.

If you receive an RFE and do not respond (even for the most innocuous thing) your case can be denied and an order for removal will be issued.

[Krikit 1,165]

Gee whiz, Gary. I agree with Rebecca. That was very rude. Please refrain from making judgemental posts.

UClove, here are a couple of links for you to get an idea of the process. Make sure you speak with a good immigration attorney. This is serious.

The Removal Process

Right to Notice in Removal Proceedings

Moving this thread from AOS to Effects of Major Changes.