Denied I-485

[awper 0]

Posting for a friend.

My friend and his two daughters were petitoned for fiancé visa. My friend got a K1 and his kids got k2. They arrived in the US and he got married within the 90days. He got his conditional greencard, but he didn’t apply for his kids.

He applied to remove his conditional and received his permanent greencard. He applied for I-485 for his kids recently but it got denied. USCIS is requesting for proof of approved petition. He lost all his original papers and doesn’t have the original I-129 and approved petition. What are his options since he has 30 days to reply for a motion.

Can he apply for a motion I-290B concurrently with I-824? Does he have to pay for two I-290B?

For the I-824 what would he check under the request since the two kids are here in the US

Thanks in advance

[Hypnos 6,578]

A copy of the I-129F approval notice is a required document for the K-2s' adjustments. If he no longer has it then he would need to file an I-824 to obtain a duplicate of the approval notice; the filing fee for that is currently $405: http://www.uscis.gov/i-824

There is no point filing an appeal since they were correctly denied.

Under Part 2 of the I-824 you would select option a, seeking "a duplicate approval notice".

[awper 0]

A copy of the I-129F approval notice is a required document for the K-2s' adjustments. If he no longer has it then he would need to file an I-824 to obtain a duplicate of the approval notice; the filing fee for that is currently $405: http://www.uscis.gov/i-824

There is no point filing an appeal since they were correctly denied.

Under Part 2 of the I-824 you would select option a, seeking "a duplicate approval notice".

After going to storage, my friend’s wife found her I-129F copy with the kids name. Also found the 797e. We just pulled the receipt online and it said approved.

So now… He can file for 290B? include a copy of the I-129F petition, copy of 797E asking for requirements and the Web print out togethere with a copy of the K1 visa passport and pay the fee?

I know I know. I asked him the same questions how come he didn’t apply for greencard for his kids. He keeps giving me the same answer

Thanks

[Hypnos 6,578]

Good that he found it, as it will save him $405. The bad news is that he still cannot file an appeal, because he was correctly denied by USCIS for not providing required documents. The error was his, not theirs, and so any appeal is unlikely to be successful.

He would need to file new I-485s with new filing fees for the K-2s.

Edited January 13, 2015 by Hypnos