I-485 form denied

[Curreli 0]

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".

Well, thank you both, I guess it is a sign that the person taking care of our case did care. That's good to know.

I fully understand that they go by, is this person/sponsor eligible or not?

The thing is though, that when we first filed, the income was good, my wife makes plenty more than the poverty guidelines.

Due to the many RFE, an entire year passed and because of this, the new income level on her taxes was too low due to surgeries.

But, once again, I understand. It isn't a charity they are running.

We received the letter yesterday, and I'm going to make a new doctor appointment today, so we should be well within the 30 days.

Just out of curiosity, how long does it take for them to actually start the removal after a denial?

Is this is really 30 days or could it take up to a few months? Not that I wanna push my time, just to know.

Edited April 25, 2014 by Curreli

[Harpa Timsah 13,258]

The Affidavit must qualify at the time it is submitted and at the time it is adjudicated. My guess is that the first submission did not have proof of current income, and as time went by that proof was not able to be shown.

I am not sure about removal. I doubt they would do it for you, anyway. Good luck.

[Caryh 5,206]

Well, thank you both, I guess it is a sign that the person taking care of our case did care. That's good to know.

I fully understand that they go by, is this person/sponsor eligible or not?

The thing is though, that when we first filed, the income was good, my wife makes plenty more than the poverty guidelines.

Due to the many RFE, an entire year passed and because of this, the new income level on her taxes was too low due to surgeries.

But, once again, I understand. It isn't a charity they are running.

We received the letter yesterday, and I'm going to make a new doctor appointment today, so we should be well within the 30 days.

Just out of curiosity, how long does it take for them to actually start the removal after a denial?

Is this is really 30 days or could it take up to a few months? Not that I wanna push my time, just to know.

If they're going to do it, its usually rather quickly, in the 30 to 60 days range. They don't always bother to actually do this though. You'll be called before a judge, as USCIS cannot order a deportation, a judge has to do that. There you can explain you're refiling with a joint sponsor who has a qualifying income. Also you could explain the reason for your wife's drop in income for one year. The judge would give a fixed time in which to file. Although it would probably be best to have a lawyer at any point you're actually called in.