I-485 form denied

[Curreli 0]

As stated above, an MTR is only for when USCIS made a mistake in your case, and you can prove this (example: USCIS issued you an RFE which they said you didn't respond to and denied the case, but you have the courier receipt showing your RFE was delivered to them). USCIS correctly denied your case, therefore an MTR is going to set you back a few hundred dollars, and waste between 6 and 12 months before your denial is re-affirmed. It's true that if you do nothing, you will likely be referred to ICE to order your detention and begin removal proceedings against you in immigration court.

The correct course of action is to completely re-file your application, starting from scratch. This will (again) place you in a new period of authorised stay which will persist until your new I-485 is adjudicated by USCIS. One of the questions on the I-485 asks if you have ever previously filed for AoS. Make sure that you answer correctly, and give them the full details of your I-485 which has been denied. Provided you have enough income now (or can make up any shortfall with assets, which, as stated, only need to be three times the difference for a spouse), or have a joint sponsor willing and able to complete an I-864, then you should not have any further problems, if this was the sole reason you were denied.

Thank you, and everyone else for your continued support! I appreciate it beyond end, if it wasn't for you people I would be filing for a motion right now, paying $600 and no idea what to expect.

Ok, so I'm confident in refiling the I-485 now, I am only wondering if I simply need to file the I-485 and the I-864, or do I have to file everything again, including going through the medical exam etc? Would there be a way to contact that medical doctor for their previous report?

[Ebunoluwa 6,136]

Start over a.s.a.p with the co sponsor.

[Curreli 0]

Start over a.s.a.p with the co sponsor.

I notice you guys are referring to co sponsor every time, but isn't a co sponsor someone in the same household?

The new sponsor will be a friend, so if I'm correct this will be a joint sponsor? Just making sure I'm filing the right thing!

[Hypnos 6,578]

New medical, new everything. The only exception will be the I-130 (if you filed one; you don't say from which visa you are adjusting. If you're adjusting from a K-1 you may not have filed an I-130 the first time around). Treat it as a completely new application, because that's exactly what it will be.

If you filed an I-130 already then you don't need to re-file that (it isn't dependent on your AoS' approval or denial and will continue on its own), simply enclose a copy of the approval notice (if it's been approved) or NOA (if it's still pending) showing that you already have an I-130 in the system. If you're adjusting from a K-1 and didn't file an I-130 the first time around then you won't need to file one this time, either.

The terms "co-sponsor" and "joint sponsor" are generally interchangeable and people on this thread have meant the same thing when they have said them, but technically you are correct and co-sponsor means someone using an I-864A to combine their income with another sponsor. Joint sponsor is the preferred term, and what we are all meaning in this thread.

When using a joint sponsor, ensure that you enclose proof of their US citizenship (a copy of the biographical page of their US passport, a copy of their US birth certificate, etc.) or LPR status (a copy of their green card). It's essentially a guaranteed RFE if you do not do this.

Edited April 25, 2014 by Hypnos

[Curreli 0]

New medical, new everything. The only exception will be the I-130 (if you filed one; you don't say from which visa you are adjusting. If you're adjusting from a K-1 you may not have filed an I-130 the first time around). Treat it as a completely new application, because that's exactly what it will be.

If you filed an I-130 already then you don't need to re-file that (it isn't dependent on your AoS' approval or denial and will continue on its own), simply enclose a copy of the approval notice (if it's been approved) or NOA (if it's still pending) showing that you already have an I-130 in the system. If you're adjusting from a K-1 and didn't file an I-130 the first time around then you won't need to file one this time, either.

The terms "co-sponsor" and "joint sponsor" are generally interchangeable and people on this thread have meant the same thing when they have said them, but technically you are correct and co-sponsor means someone using an I-864A to combine their income with another sponsor. Joint sponsor is the preferred term, and what we are all meaning in this thread.

When using a joint sponsor, ensure that you enclose proof of their US citizenship (a copy of the biographical page of their US passport, a copy of their US birth certificate, etc.) or LPR status (a copy of their green card). It's essentially a guaranteed RFE if you do not do this.

Thank you.

I filed from a K1 visa originally, so this included a I-864, I-765, I-485, G-325a, I-693 and G-1145.

So if I understand you correctly, I would have to complete all these forms again, including all other necessary items, such as the passport photo's, copies, copy of the fiancee approval notice, all within the next month?

It's doable I guess, the only thing I'm worried about is the doctor, first time it took us all together about 4 months.

1 month waiting time and then I needed 3 shots with each 1 month in between.

Thank you for confirming its a joint sponsor I'm filing for.

[Hypnos 6,578]

Then yes, everything new you mentioned, including the medical if your DS-3025 was insufficient by itself, or was completed over a year ago.

[Ebunoluwa 6,136]

I notice you guys are referring to co sponsor every time, but isn't a co sponsor someone in the same household?

The new sponsor will be a friend, so if I'm correct this will be a joint sponsor? Just making sure I'm filing the right thing!

A co-sponsor (resides in the same household as the petitioner) fills out the I-864A. A joint sponsor (doesn't reside in the same household as the petitioner) fills out another I-864. The petitioner still needs to fill out an I-864 whether or not he or she meets the 125% poverty requirements.

[KayDeeCee 4,895]

Thank you.

I filed from a K1 visa originally, so this included a I-864, I-765, I-485, G-325a, I-693 and G-1145.

So if I understand you correctly, I would have to complete all these forms again, including all other necessary items, such as the passport photo's, copies, copy of the fiancee approval notice, all within the next month?

It's doable I guess, the only thing I'm worried about is the doctor, first time it took us all together about 4 months.

1 month waiting time and then I needed 3 shots with each 1 month in between.

Thank you for confirming its a joint sponsor I'm filing for.

You only needed the first in a series of vaccines for AOS. You did not need to wait to file until you got the follow-up shots.

And yes, co-sponsor and joint sponsor tend to be used interchangeably by some, but typically co-sponsor is used around here for the K-1 visa and I-134, The correct and only term used for the I-864 is joint sponsor. Someone filling out an I-864A to combine incomes with a sponsor filling out an I-864 is a qualifying household member.

[Curreli 0]

You only needed the first in a series of vaccines for AOS. You did not need to wait to file until you got the follow-up shots.

And yes, co-sponsor and joint sponsor tend to be used interchangeably by some, but typically co-sponsor is used around here for the K-1 visa and I-134, The correct and only term used for the I-864 is joint sponsor. Someone filling out an I-864A to combine incomes with a sponsor filling out an I-864 is a qualifying household member.

Thank you.

Do you think there would be some way possible we could contact our previous doctor, to use the previous report?

Is there some time limit on when the medical examination had to take place? For example, max 1 year a go?

[Hypnos 6,578]

You can ask. Some will give you a previous copy and a new sealed envelope for a nominal fee, some won't. Provided the medical was performed within the past calendar year then once USCIS accept it for processing then it will remain valid for as long as USCIS take to adjudicate the petition, provided you have no class A or B medical conditions (other than a class B condition noted under "other medical conditions") and you enclose the I-693 medical concurrently with your I-485.

[Harpa Timsah 13,258]

Thank you.

Do you think there would be some way possible we could contact our previous doctor, to use the previous report?

Is there some time limit on when the medical examination had to take place? For example, max 1 year a go?

I'm not sure I would want to contact that doctor if s/he made you get all the shots in the series. That is not correct. You just need to be current when the doctor signs the forms.

Do you have a copy of your foreign medical report? Was it done within the last year? Do you have any record that you got those shots? You could take it to another Civil Surgeon and get them to fill in the vaccination supplement for like... $25-$40.

Edited April 25, 2014 by Harpa Timsah

[Indykittykeilah 18]

Good luck. It is a shame that USCIS would split up families, especially when your wife has been ill and needed surgeries. You might call them or an ombudsman directly too to verify if you should just re-file or if there is something else you need to do too. It is wonderful that you have good friends who will co-sponsor you, though. Thank goodness for that.

[Curreli 0]

Good luck. It is a shame that USCIS would split up families, especially when your wife has been ill and needed surgeries. You might call them or an ombudsman directly too to verify if you should just re-file or if there is something else you need to do too. It is wonderful that you have good friends who will co-sponsor you, though. Thank goodness for that.

Thank you.

It is very unfortunate that they simply don't care. We're not talking about a few small optional surgeries either, but of multiple stage 2 cancer surgeries. She is a two time survivor. We've been through a lot together in just 5 years, more then some couples will in a lifetime.

We feel blessed that multiple friends across the USA volunteered to be a sponsor, some friends she hasn't even talked to in a few years.

I also thank each and every one of you that takes the time to help others on forums like this. Since the start of my K1 visa, I've relied on these kind of forums, and they have brought me this far. I don't know what I would have done without people like you.

Thanks to you guys, I know I must refile for a i-485, starting over with a clean slate. We'll find a joint sponsor that meets the requirements and once again, hope for the best.

I just have one more question, is there a limit on RFE that they request? I received a total of three last time I filed, so I'm guessing three is the limit? All three RFE's were about different subjects though, on which every time we replied. I'm not sure why didn't just request an RFE for all subjects the same time.

[Harpa Timsah 13,258]

Wow, I have never seen 3 RFEs. It's usually one and done. If the reply to the first is not good, they deny. Every once in a while I see 2 RFEs.

I think if they sent your 3 RFEs then they do care, they gave you many many chances to get it right. Initial package + 3 RFEs is 4 chances.

They are not allowed to give anyone any exception because of illness or anything. You must show that the immigrant will not be a public charge by providing a qualifying affidavit. They do, however, have many flexible arrangements for doing this, allowing co-sponsors, household members, etc, to help out to make a qualifying form.

[Caryh 5,206]

Wow, I have never seen 3 RFEs. It's usually one and done. If the reply to the first is not good, they deny. Every once in a while I see 2 RFEs.

I think if they sent your 3 RFEs then they do care, they gave you many many chances to get it right. Initial package + 3 RFEs is 4 chances.

They are not allowed to give anyone any exception because of illness or anything. You must show that the immigrant will not be a public charge by providing a qualifying affidavit. They do, however, have many flexible arrangements for doing this, allowing co-sponsors, household members, etc, to help out to make a qualifying form.

I'm in total agreement with this.

Its also not that they don't care, they are required by law to see those adjust status meet the standards as written into the laws. They are not allowed to say "well in this case, we can ignore the income requirement".