Called USCIS, they said my case is denied.HELP

[aussie_jason 195]

Wait...

So did you go for biometrics in January? It sounds like you were denied both for the RFE and not attending your biometric appointment, did you get that notice and not go for some reason or did you never get it?

Everything you have stated so far for the I864 only deals with past income through filed taxes so firstly was it the full tax transcripts you provided or the 1040 + W2's? You also need to include proof of current income such as pay slips or a letter from your employer confirming what you earn.

Then the joint sponsor complicated matters more especially if they file MFJ as they could also need to file an I864A depending on what evidence they provided and how much income they stated on their I864.

You need to list out everything that you provided for sponsorship, then we may be able to advise you.

[GazaSlimaz 43]

We have copies of everything except for this RFE letter.

My husband has been calling the USCIS just for the reason that he is a native english speaker.

My husband has lived in Finland for one year before and went to a finnish school there, so he knows quite bit of Finnish. His roots here in the US are finnish. Finland is not a new thing for him. We were planning on moving to finland anyway in 2 years. We also do have money saved up so living in Finland should not be a problem.

The thing is that he has one year of school left here, he will graduate in one year in May.

But yes I am not going to make decisions before I get the letter explaining what went wrong.

Is there not an appeal process?

[vendar 4]

Sorry, maybe I my post was confusing.

I did go to my biometrics appointment in January. And the NBC received my response to RFE december 31st.

My biometrics appointment was all normal.

After that nothing happened with my case until the denial on the 27th of march.

My husband never got any W2's in 2012 , thats why he didnt file his taxes. We told them about his current job and his income, but did not include a letter from his employer.

We included a lot of proof and information about our sponsor. I have to wait for my husband to come home from work he knows more about all these papers. I will post here later about all this.

Thank you.

[Darnell 8,479]

We told them about his current job and his income, but did not include a letter from his employer.

One of the cool things about proving up 'current annual income' is that employer letter. Sure, it's not required, but you won't know what's what till you receive that letter from USCIS.

[aussie_jason 195]

How did you tell them about his current job and income? You have to show some proof of that whether it be pay slips and/or a letter from the employer.

[vendar 4]

Hi everyone. I am back.

Today we got my denial letter, after 2,5 weeks of the denial. We would have had to wait even longer but we hired a lawyer.

The reason why I got denied is:

You failed to submit: Evidence of the joint sponsor's status as a United States Citizen, United States National, or Lawful Permanent Resident of the United States.

So yeah, what a stupid thing! When we got the RFE, we were asked to do that, and we messed it up. We sent evidence of my husbands status not my father-in-law.

The letter says there is not appeal to this decision. But I can file a motion, form I-290B.

Does anyone have any exprience with this? Like how long it might take to get any desicions if I file a motion?

We are still going to keep working with our lawyer, but I just wanted know if anyone here has anything to say about this.

Thank you for your help.

[Boiler 46,121]

Probably be quicker and easier to start again..

[Hypnos 6,578]

There's no point appealing it, since you were properly denied and the mistake was yours, not theirs. Just re-file.

[Darnell 8,479]

I say file a new set. not bother with appeal. <EOM>

[vendar 4]

If you had read my last post, you might have seen that I already said there is NO appeal. So of course I will not appeal. However, I have the option to file a Motion to Reconsider. And that is a different thing.

But we are still talking with our lawyer and trying to figure out what is the best way to do it for us.

Thanks.

[Boiler 46,121]

What do you want them to reconsider?

[vendar 4]

Reconsider the decision. Our lawyer also told us this, so I am sure he knows

It says on our denial letter that there is no appeal process for our denial, but we can file a motion to reconsider the decision.

[Hypnos 6,578]

It's effectively an appeal under a different name. As I said above, there is no point because the mistake was your error and not theirs. It will also take around a year to process, during which time you could have re-applied and been approved already.

[vendar 4]

Well, it's filing a motion to reconsider/reopen my case.That means we have to send in also the missing info that they didnt have before. And the missing part is just my father-in-law's birth certificate/copy off is passport.

I do trust our lawyer what he said. He said, if we file a motion, it is going to take 2-6 months. And he has worked with similar cases before, so I am sure he knows, since he has studied the law and so on..

But yeah, we are not sure yet which option is going to be best for us.

And also, is applying all over again even possible for me? Because on my denial letter it says, the only thing I could do is to file a motion.

[Hypnos 6,578]

It's your time to waste. The thing is there's no guarantee that they will approve your motion, whereas if you re-file for AoS and correct the deficiency then it's almost certain to be approved if you have no negative factors.

If I had to choose between the two, I know which I'd pick.