Denial of 485 after marriage, serious answers only please

[demortuomari 0]

I have searched through a pile of post about denial of I-485 and did not find anyone who actually finished a successful motion to reopen or reconsider their case.

I have jest received an online notification stating:

************

Decision

On January 23, 2014, we mailed you a denial decision notice for this case I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. The notice explains why the denial decision was made and the options that may be available to you. If you have not received this notice within 15 days of January 23, 2014, please call customer service at 1-800-375-5283 for further assistance.

************

The case is adjudicated at the National Benefits Center. The RFE was about lack of financial evidence from the part of my husband. I responded to it in a timely manner and the evidence was submitted with the poverty line satisfied by 250%.

My question is whether do you guys know anybody who has succesfully reopened or submitted a motion to reconsider the case for i-485?

Please dont ask me any question like peaple in other posts.

Let me know if anybody has succesfully reopened their case and recieved a favorable DECISION.

Thank you

Magdalena

[NigeriaorBust 4,087]

Was the AOS income your spouses ? Although joint sponsors are usually accepted they can be reject. IF you used assets was it your primary residence.

[Gai 18]

I think you should hold off on buying a ticket and see what the denial notice says. You CAN file a motion to re-open your case, but I think it must be within 30 days of your denial.

[demortuomari 0]

I think you should hold off on buying a ticket and see what the denial notice says. You CAN file a motion to re-open your case, but I think it must be within 30 days of your denial.

See this:

Let me know if anybody has succesfully reopened their case and recieved a favorable DECISION.

What part of that question you do not understand?

Magdalena

[Gai 18]

I understand the question fine. You do not need to be rude to people who are trying to help you.

Appeals of I-485 denials rarely end favorably for the petitioner, which is why you probably can't find any. If you have done everything correctly since entering the country and meet all the requirements, they have no reason to deny your AOS. This is why I suggested waiting until you received your denial letter to find out WHY you were denied. If it is something easily overcome, such as income, then you may be okay to appeal it, but a second denial cannot be appealed. If it is not something easily overcome, such as leaving the country and returning between entering on your K-1 and filing your AOS package, the best thing to do is to remain in the country, seek legal counsel, and file an I-130 concurrently with a new I-485 to bring yourself back into status.

If you're intent on returning to your country, you may do that as well and file for the spousal visa, if you wanted to return.

I'm apologize that my help is so offensive.

Edited January 24, 2014 by Gai

[N-o-l-a 7,168]

See this:

Let me know if anybody has succesfully reopened their case and recieved a favorable DECISION.

What part of that question you do not understand?

Magdalena

You can receive a favorable decision (and people have had it done on account of USCIS error) if in fact the first decision was wrong and you do actually meet the requirements. Now, people are trying to help you to see whether you ACTUALLY meet the requirements or not. If you do not wish to answer, their answers will be not very helpful in return.

[belinda63 3,041]

If the error was on the part of USCIS or the adjudicating officer and you can prove it, then the appeal will be granted. For example, if they claim you did not respond to the RFE in a timely manner and you have proof it was mailed and received in time.

If the error was due to failure to properly respond to the RFE or another fatal error in the petition then the appeal will be denied.

To answer your question: yes

[TBoneTX 45,956]

One offensive post removed, along with one quoting.

Magdalena: It is inappropriate posting behavior to be rude to people who desire further information in order to help you. What's clear to you might not be immediately clear to others. If you continue to be rude or impatient, you risk having your thread locked. Thanks in advance for your cooperation.

TBoneTX

on behalf of VJ Moderation

[bunnygirl 86]

It's time to lawyer up. Wait until you have the denial notice in hand and then have a consultation. You really should not attempt to do this yourself.

Edited January 24, 2014 by bunnygirl

[Dave&Roza 748]

I have searched through a pile of post about denial of I-485 and did not find anyone who actually finished a successful motion to reopen or reconsider their case.

I have jest received an online notification stating:

************

Decision

On January 23, 2014, we mailed you a denial decision notice for this case I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. The notice explains why the denial decision was made and the options that may be available to you. If you have not received this notice within 15 days of January 23, 2014, please call customer service at 1-800-375-5283 for further assistance.

************

The case is adjudicated at the National Benefits Center. The RFE was about lack of financial evidence from the part of my husband. I responded to it in a timely manner and the evidence was submitted with the poverty line satisfied by 250%.

My question is whether do you guys know anybody who has succesfully reopened or submitted a motion to reconsider the case for i-485?

Please dont ask me any question like peaple in other posts.

Let me know if anybody has succesfully reopened their case and recieved a favorable DECISION.

Thank you

Magdalena

Did it ever occur to you that the reason for the denial is that your husband's income amount you put on the form does not have acceptable PROOF that it is indeed his income. The USCIS may have decided the documentation you submitted to substantiate your husband's income is not valid or official in nature--i.e. it is easily faked. If you used a US tax RETURN for proving his income, they may have decided it is not a COMPETE return. There are other things it could be.

Rather than jump to the conclusion that you need to appeal or reopen your case, you need to see why the AOS was denied. If it is a simple as a documentation issue, it may be easier to pay the $1070 and just re-file or try to get them to accept the documents. You will have to be sent before an immigration judge before being deported and you would have that opportunity to present your case and at that point you will either be granted your GC or deported. For the little information you have given, my bet is that you did not reply to the RFE with the type of documentation the USCIS was looking for in regards to your husband's income. It sounds like he makes enough money. You just have to get the proper documentation to the USCIS.

Good luck,

Dave

P. S. The reason you have not found anybody who has successfully had their case re-opened or to reconsider is because very few AOS cases are denied and most of them involve the lack of proper documentation and most are able to make an INFOpass appointment after receiving the denial letter and present the proper information at that time and usually that ends in successful outcome.

Edited January 24, 2014 by Dave&Roza

[Hypnos 6,578]

You will need to wait for the formal denial notice to see why they have denied you. From there you'll be able to see whether they made a mistake and so an MTR is appropriate, or the mistake was yours in which case your appeal will go nowhere. I have read that something like 90% of appeals are denied.

[Darnell 8,479]

i say the RFE set you sent back wasn't reviewed.

For clarity, call into USCIS on Monday, get an ISO, and inquire what's up with the RFE material he submitted.

[demortuomari 0]

Thank you guys for your answers.

The reason for the denial is that I failed to submit the evidence of assets or obtain a qualified sponsor.

The above simple sentence was on the original RFE to which I responded promptly and in a timely manner, hence the online status changed once from initial review, then to review of RFe and the to denial notice.

I know that there are three options here: motion to reopen, motion to reconsider, and refile the same stuff from the beginning.

I tend to choose the third option, but:

1. what will happen with my medical examinations? will they reattach them from my previous filing?

2. do I have to leave the country now?

Thank you for any answers

Magdalena

[aussie_jason 195]

What evidence did you provide and why wasn't it enough? This thread is so confusing...

[Hypnos 6,578]

If you re-file you will need to submit a new I-693 medical with the new I-485.

An MTR will only be successful if USCIS made their decision in error and you can prove this.