I-485 Denied after Request for Evidence

[Rozzbot 0]

Hi there, my husband (USC) fails to make above the poverty guideline stipulated in I-864P, so we have a joint sponsor who earns twice as much as is required.

After receiving a RFE, I resent my husband's tax returns, but failed to re-send my joint sponsor's I-864.

I figured that USCIS already has a copy so there is no need to resend it.

I got a notice of decision today and it says:

Up o n consideration, it is ordered that your Application to Register Permanent Residence or Adjust

Status, Form 1-485, that you filed on July 20, 2011, pursuant to Section 245 of the Immigration and

Nationality Act (INA), be denied for the following reason(s):

-

The evidence submitted with your Application on July 20, 2011 was not sufficient to establish your

eligibility for the benefit sought. On August 23, 2011, the United States Citizenship and

Immigration Services (USCIS) sent you a Request for Evidence, which required that you submit:

Evidence of assets that meet the federal poverty line or obtain a joint sponsor.

You were given eighty-seven (87) days to submit the required documentation.

Title 8, Code of Federal Regulations, §103.2(b) states, in pertinent part:

(1 1 ) Responding to a request for evidence or notice of intent to deny. In response to a request

for evidence or a notice of intent to deny, and within the period afforded for a response, the

applicant or petitioner may: submit a complete response containing all requested information

at any time within the period afforded; submit a partial response and ask for a decision based

on the record; or withdraw the application or petition. All requested materials must be

submitted together at one time, along with the original USCIS request for evidence or notice

of intent to deny. Submission of only some of the requested evidence will be considered a

re q u e st for a decision on the record.

On September 8, 2011, you responded to the request by submitting:

A copy of the petitioner's 2010 Federal income tax return.

A copy of an itemized bank account print out from June 6, 2011 to August 29, 2011,

You failed to submit:

Evidence of assets that meet the federal poverty line or obtain a joint sponsor.

As you have submitted a partial response, you have requested a decision based on the record.

Title 8, Code of Federal Regulations, §103.2(b) states:

(1 4 ) Effect of request for decision. Where an applicant or petitioner does not submit all

re q u e ste d additional evidence and requests a decision based on the evidence already

submitted, a decision shall be issued based on the record. Failure to submit requested

evidence which precludes a material line of inquiry shall be grounds for denying the

application or petition.

You have failed to establish your eligibility for the benefit sought. Accordingly, the application

mu st be, and hereby is, denied.

USCIS has determined that any pending ancillary Application for Employment Authorization, Form

1-765, and/or Application for Travel Document, F011111-131, related to the Form 1-485 are also

denied. Any Employment Authorization Document and/or Travel Document already approved

based upon your pending Form 1-485 are hereby revoked.

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, this

decision is without prejudice to future applications filed with the appropriate USCIS office.

USCIS is not initiating removal procedures against you at this time. The decision, resulting in the

denial of Form 1-485, leaves you without lawful immigration status and you are now present in the

Un ite d States in violation of 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.

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 by mail). The motion shall be filed on Form I-290B,

together with the current fee and mailed to:

NATIONAL BENEFITS CENTER

c/o Chicago Lock Box

Post Office Box 7219

Ch ica g o , IL 60680

What are my options?

I already submitted Evidence of assets that meet the federal poverty line or obtain a joint sponsor in my original application.

Any help is greatly appreciated, my time is running out.

[Inky 1,111]

Refile or file motion to re-open the case. Probably cheaper to re-open the case.

[bigdog 377]

RE open file, i290b. get a boat load of documentation.

[Anh map 2,098]

Hi there, my husband (USC) fails to make above the poverty guideline stipulated in I-864P, so we have a joint sponsor who earns twice as much as is required.

After receiving a RFE, I resent my husband's tax returns, but failed to re-send my joint sponsor's I-864.

I figured that USCIS already has a copy so there is no need to resend it.

I got a notice of decision today and it says:

Up o n consideration, it is ordered that your Application to Register Permanent Residence or Adjust

Status, Form 1-485, that you filed on July 20, 2011, pursuant to Section 245 of the Immigration and

Nationality Act (INA), be denied for the following reason(s):

-

The evidence submitted with your Application on July 20, 2011 was not sufficient to establish your

eligibility for the benefit sought. On August 23, 2011, the United States Citizenship and

Immigration Services (USCIS) sent you a Request for Evidence, which required that you submit:

Evidence of assets that meet the federal poverty line or obtain a joint sponsor.

You were given eighty-seven (87) days to submit the required documentation.

Title 8, Code of Federal Regulations, §103.2(b) states, in pertinent part:

(1 1 ) Responding to a request for evidence or notice of intent to deny. In response to a request

for evidence or a notice of intent to deny, and within the period afforded for a response, the

applicant or petitioner may: submit a complete response containing all requested information

at any time within the period afforded; submit a partial response and ask for a decision based

on the record; or withdraw the application or petition. All requested materials must be

submitted together at one time, along with the original USCIS request for evidence or notice

of intent to deny. Submission of only some of the requested evidence will be considered a

re q u e st for a decision on the record.

On September 8, 2011, you responded to the request by submitting:

A copy of the petitioner's 2010 Federal income tax return.

A copy of an itemized bank account print out from June 6, 2011 to August 29, 2011,

You failed to submit:

Evidence of assets that meet the federal poverty line or obtain a joint sponsor.

As you have submitted a partial response, you have requested a decision based on the record.

Title 8, Code of Federal Regulations, §103.2(b) states:

(1 4 ) Effect of request for decision. Where an applicant or petitioner does not submit all

re q u e ste d additional evidence and requests a decision based on the evidence already

submitted, a decision shall be issued based on the record. Failure to submit requested

evidence which precludes a material line of inquiry shall be grounds for denying the

application or petition.

You have failed to establish your eligibility for the benefit sought. Accordingly, the application

mu st be, and hereby is, denied.

USCIS has determined that any pending ancillary Application for Employment Authorization, Form

1-765, and/or Application for Travel Document, F011111-131, related to the Form 1-485 are also

denied. Any Employment Authorization Document and/or Travel Document already approved

based upon your pending Form 1-485 are hereby revoked.

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, this

decision is without prejudice to future applications filed with the appropriate USCIS office.

USCIS is not initiating removal procedures against you at this time. The decision, resulting in the

denial of Form 1-485, leaves you without lawful immigration status and you are now present in the

Un ite d States in violation of 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.

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 by mail). The motion shall be filed on Form I-290B,

together with the current fee and mailed to:

NATIONAL BENEFITS CENTER

c/o Chicago Lock Box

Post Office Box 7219

Ch ica g o , IL 60680

What are my options?

I already submitted Evidence of assets that meet the federal poverty line or obtain a joint sponsor in my original application.

Any help is greatly appreciated, my time is running out.

The RFE asked for the joint sponsor's info and it wasn't sent in response. You sent something that wasn't requested and did not satisfy the sponsorship requirements.

Reopen the case and when submitting evidence don't make any assumptions. Items can can lost or misfiled. Better to send something twice than receive a delay or denial.

Best of luck.

[Rozzbot 0]

RE open file, i290b. get a boat load of documentation.

How long does the I290b take to process or would I be better off refiling the whole I-485 package?

[Rozzbot 0]

When I reopen do I have to send further evidence.

I sent all the required documents for the initial RFE but they said they never received the I-864 for joint sponsor which I initially sent in.

[Inky 1,111]

When I reopen do I have to send further evidence.

I sent all the required documents for the initial RFE but they said they never received the I-864 for joint sponsor which I initially sent in.

Yes you have to send all the evidence they are missing or didn't get.

[Yogagirl 0]

So sorry about that, but you do really should hurry up, get all the documents required, check the instructions on I-290B, make sure everything is clear for you this time, double ask, double check and go ahead with that!

Do not be discouraged, keep your spirit strong!It's gonna be just fine!

Hugs and kisses !

[Leatherneck 693]

When I reopen do I have to send further evidence.

I sent all the required documents for the initial RFE but they said they never received the I-864 for joint sponsor which I initially sent in.

OP, read the notice sent to you again, they made it clear that you sent a partial of what was requested. You even admitted it yourself, here.

"After receiving a RFE, I resent my husband's tax returns, but failed to re-send my joint sponsor's I-864.

I figured that USCIS already has a copy so there is no need to resend it."

Act on this immediately.

Good luck.

[trillium13 84]

Whatever route you take, send everything again, as if you had sent nothing at all.

Edited October 26, 2011 by trillium13

[Markos Malak 0]

it happened with my wife's paper. my income isn't enough to support her, so i add a joint sponsor. But i didn't send my Tax income because i thought it wouldn't make any difference. they sent me a letter for more evidence, and i also didn't send my TAX income. my case had been denied for this reason. i applied for motion to reopen the case, and its been 5 months and i haven't heard anything.

this my case, i feel really disappointed for making this mistake.

i would like to know how long it take to finish the case ?

[Teddy B 17,252]

Please start a new thread, this one is over 3 years old.