Approved 1130, Denied i-485

[staceluvyou 6]

Hi VJ, i'm writing on behalf of my friend who recently had an approved i-130 but her I-485 was denied. She had an interview on Feb. 5th, a few days later she recieved a rfe for an affidavit of support. Her sister-in-law did the affidavit for her but she received another letter saying that her co-sponsor did not send proof of citizenship so they are denying her application on grounds that her documents were incomplete and she can appeal within 30 days. They have only two weeks left now before the 30 days expire. They went to see a lawyer and she is advising them to file all over again which i think is wrong. Can anyone help me? Has anyone ever done an i-290 before. What is the process? Thank you.

[Karee 4,191]

Hi VJ, i'm writing on behalf of my friend who recently had an approved i-130 but her I-485 was denied. She had an interview on Feb. 5th, a few days later she recieved a rfe for an affidavit of support. Her sister-in-law did the affidavit for her but she received another letter saying that her co-sponsor did not send proof of citizenship so they are denying her application on grounds that her documents were incomplete and she can appeal within 30 days. They have only two weeks left now before the 30 days expire. They went to see a lawyer and she is advising them to file all over again which i think is wrong. Can anyone help me? Has anyone ever done an i-290 before. What is the process? Thank you.

From what I've read here on VJ, the appeal will probably be denied because the application was incomplete. Also, seems the appeal takes a really long time. Better to just re-file and cut your losses.

[staceluvyou 6]

If she refile, does it matter if the 30 days expire?

[Darnell 8,479]

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Edited March 22, 2013 by Darnell

[staceluvyou 6]

...

Her husband sent his I-864, but they got th rfe bcause they needed a co-sponsor. Her sis-in-law agreed to be the co-sponsor and submitted her documents but left out her proof of citizenship. They did not send back another rfe, they denied her.

[VanessaTony 3,567]

Her husband sent his I-864, but they got th rfe bcause they needed a co-sponsor. Her sis-in-law agreed to be the co-sponsor and submitted her documents but left out her proof of citizenship. They did not send back another rfe, they denied her.

They did what they were supposed to. They did not successfully reply to the RFE and that almost always results in a denial, rather than an RFE.

An appeal would be them saying "USCIS was wrong, we DID include the proof of citizenship"... when if fact they did not. So the appeal would be denied.

The 30 days is simply the appeal window. They cannot appeal after the 30 days, they can of course re-file after 30 days and pay the fees for the AOS all over again. Any work or travel permits received are now invalid.

Edited March 22, 2013 by Vanessa&Tony

[Penguin_ie 5,995]

** Moving from CR-1 spousal visa to AOS from Work/Student/ Tourist etc visa *****

[mimi0418 0]

Hi VJ, i'm writing on behalf of my friend who recently had an approved i-130 but her I-485 was denied. She had an interview on Feb. 5th, a few days later she recieved a rfe for an affidavit of support. Her sister-in-law did the affidavit for her but she received another letter saying that her co-sponsor did not send proof of citizenship so they are denying her application on grounds that her documents were incomplete and she can appeal within 30 days. They have only two weeks left now before the 30 days expire. They went to see a lawyer and she is advising them to file all over again which i think is wrong. Can anyone help me? Has anyone ever done an i-290 before. What is the process? Thank you.

I too received an approved I130 but was denied 1-485 due to not sending in a W2 form. I had gotten the RFE and resubmitted informaiton that I thought they needed only to be denied. I spoke to a lawyer who pointed out the form that I needed. she duggested I refiled, this I did and I got an approval two years ago. I would suggest not to appeal but to file a new 1485 with all the rquired documents.

Good luck!

Edited March 26, 2013 by mimi0418