Form I-485 denied

[Ash.1101 1,756]

Did he get the cars officially appraised? He can't just say "I have a car worth 5000$". He has to get them appraised by an appraiser and have documents to back that up.


Also, when you answer RFE's you want it to be WELL over any proof needed. If the assets weren't officially appraised, then they are counted as 0$.


When you came in on a K-1, did they only look at him making enough to cover 100% of the poverty guidelines? Did he use assets on the I-134? Did ya'll have a cosponsor for the I-134? MOST places look at the 125% poverty line even when doing K-1 so things like this are more avoided.

Did you make sure to send tax returns, w-2s, all supporting schedules and/or a tax transcript?

What he has to prove he makes is listed here: https://www.uscis.gov/i-864p

Click on the form. He has to prove he currently makes AT LEAST the number listed for the household. If he has any children, and has listed them, he has to include them in the household even if he's not financially responsible for them. He CAN use assets to cover things, but...


If he uses ANY assets to make up for the income not meeting, he has to make THREE times the amount of assets to cover.

So if ya'll are just a household of 2, your spouse has to make 20,025.

If your spouse only makes say 15,000$ a year, then his income gap is 5,025$, so he would have to prove he has AT LEAST 15,075$ in assets, either in the bank, or things that can be liquefied and officially appraised.

Again, as others said, letting us know EVERYTHING that was original sent, and anything you sent as a response to the RFE will help us understand why you were denied.


As for you being able to stay in the country. No, immigration is a privileged, not a right. Just because you marry a USC does not mean you could ever be allowed in the US. It's up to the government, and they rarely care about the heartache anyone goes through for those who get separated. A lot of people have found this out the hard way, thinking they could get married and everything's settled, only to try to come here and realize it's not as easy as just moving in and living life.

Edited December 1, 2016 by Ash.1101

[Cheezees 1,514]

This^^^

[Harpa Timsah 13,258]

OP can stay here and reapply for AOS. But she needs to have a suitable sponsor and do the paperwork correctly.

[MiszNatalie 0]

Thanks everyone, I understand why I was denied. I just need to know if when I reapply for the change of status, will I need to also reapply for the permission to work and travel? When I got the denial letter it said they were both revoked, will they be reinstated when I reapply or will I have to submit the forms and pay the fee again?

[Mollie09 1,543]

Thanks everyone, I understand why I was denied. I just need to know if when I reapply for the change of status, will I need to also reapply for the permission to work and travel? When I got the denial letter it said they were both revoked, will they be reinstated when I reapply or will I have to submit the forms and pay the fee again?

You will need to apply again but they're free when you file the 485.

[Villanelle 4,122]

Thanks everyone, I understand why I was denied. I just need to know if when I reapply for the change of status, will I need to also reapply for the permission to work and travel? When I got the denial letter it said they were both revoked, will they be reinstated when I reapply or will I have to submit the forms and pay the fee again?

Are you going to reapply or file the motion to appeal? You have the choice to do either. Reapplying is going to cost you a lot more money- around 1K. The motion is going to cost you around 300 I think? Unless it went up..

Many people will say you can not file the motion, or you will lose the motion, and technically if you follow the instructions and policies you shouldnt file a motion because they have every right to deny it since you did something wrong, but anyones whos been around has seen countless people file the motion in situations like this and have USCIS accept it.

So its your decision. If you file the motion, then I am almost positive that when you file it and it is 'accepted' (not approved just accepted by them) then your EAD/AP becomes valid. However you should not leave the country because if your motion is denied and you are outside the US you are going to be stuck there.If the motion is approved (which most are) then they will resume processing your case. Your motion would include the correct 864.

If you reapply then all the docs you have right now are invalid regardless of the dates printed on them. You refile a whole new packet and wait 90 days for a new EAD/AP card to come in the mail. You might not have to go for biometrics if yours are recent in the system.

[townsj123 0]

The end of the year is near. Did he make enough this year? If so I would wait until he file his taxes for this year and the re-file.