i485 denied, need advice on what to do next

[kippersnacks 0]

Good morning! I'm actually posting this on behalf of my father and his wife. They have been going through the K-1 visa process for nearly a year and we hit a bit of a speed bump.

We recently received a letter in the mail stating that they had denied the i485 due to lack of assets by the joint sponsor. I'm unsure of the next step to take. It would seem like the best option would be to resubmit the i485 with a different sponsor rather than fill out the i290b. Has anyone had any experience/can offer any advice on the issue?

Also, since it was denied they are under the impression that my Dad's wife will have to leave the states but I am unsure. If we resubmit the i485 will this give us an extension or will she have to go back to her home country until are able to get it approved?

[CF41051 3]

I would find a new sponsor and resubmit. I would not leave the country.

[Pitaya 2,577]

~Moved from K1 Process to Fam.-based AOS Forum~

~Inquiry about AOS Process, past K1~

[baron555 934]

It would seem like the best option would be to resubmit the i485 with a different sponsor rather than fill out the i290b.

Yes

Also, since it was denied they are under the impression that my Dad's wife will have to leave the states but I am unsure.

She can leave at any time but won't be allowed back without the AP or GC that the 485 (plus other documents) will provide. If she does leave, then he will have to file for a CR-1 Spouse Visa and wait about a year for that to be approved.

If we resubmit the i485 will this give us an extension

Yes

or will she have to go back to her home country until are able to get it approved?

No she does not have to leave.

[I AM NOT THAT GUY 5,715]

If this has been going on for more than six months, let alone over a year, I would not travel, even with AP. AP does not guarantee readmission to the US.

[KayDeeCee 4,896]

She should not leave. Find a joint sponsor that meets the requirement for their own household size plus the immigrant and refile as soon as possible.