I-485 rejected

[Anand Jayalal 0]

UPDATE:

 

When i went to the field office, they couldnt help with anything and asked me to re-apply which I did.  However, I made another silly mistake.  I included only the 485 fees, didnt include the bimetrics since I had already had my biometrics taken as part of the original submission (I included that appointment letter on my re-application as well).  The reason why didn't include the biometrics is because they require exact fees and I was under the belief that a second biometrics is not required, hence only sent the 485 fees.  Now, I received a rejection due to incorrect fees and a letter inviting me to re-apply, I'm assuming it because I didnt include the biometrics fees.  They also included all my application packet i submitted with some numbers and remarks at the bottom of each page.

 

Question is, can I immediately go to fedex and resend the same papers with the USCIS markings? OR do I have to fill out brand new application forms?  Ofcourse I can cut a new check with total fees for 485 and biometrics.

[geowrian 22,338]

1 hour ago, Anand Jayalal said:

When i went to the field office, they couldnt help with anything and asked me to re-apply which I did.  However, I made another silly mistake.  I included only the 485 fees, didnt include the bimetrics since I had already had my biometrics taken as part of the original submission (I included that appointment letter on my re-application as well).  The reason why didn't include the biometrics is because they require exact fees and I was under the belief that a second biometrics is not required, hence only sent the 485 fees.  Now, I received a rejection due to incorrect fees and a letter inviting me to re-apply, I'm assuming it because I didnt include the biometrics fees.  They also included all my application packet i submitted with some numbers and remarks at the bottom of each page.

 

Question is, can I immediately go to fedex and resend the same papers with the USCIS markings? OR do I have to fill out brand new application forms?  Ofcourse I can cut a new check with total fees for 485 and biometrics.

Yup, a biometrics fee is required even if you did it before.

 

You can resend the same forms with the correct payment. Just be sure to include the I-130's NOA1 still.

[geowrian 22,338]

A little edit to the above...

A new I-485 came out on 6/26/2017. If your returned I-485 is the 01/1717 edition (found in the lower left corner of the page), then they no longer accept that as of last week.

Edited September 2, 2017 by geowrian

[Anand Jayalal 0]

yep, what i submitted, and returned was the 6/26 version. so i sent the same thing again with the new fees.  Thank you!

[Anand Jayalal 0]

The fees has been debited from my bank account, so thats a good thing.  My only concern is, my current TN expired Sep 9th so technically speaking I'm out of status right now.  I had indicated this on my paperworks though.  Hopefully that wont affect my processing.

[geowrian 22,338]

6 hours ago, Anand Jayalal said:

The fees has been debited from my bank account, so thats a good thing.  My only concern is, my current TN expired Sep 9th so technically speaking I'm out of status right now.  I had indicated this on my paperworks though.  Hopefully that wont affect my processing.

Yup. Sounds like they accepted it this time.

 

1) You may have filed before your legal status expired, so you wouldn't have accrued unlawful presence (idk when they actually got your form).

2) Overstay is ignored for AOS purposes as the spouse of a USC.

 

However, your ability to work is tied to your TN status. If your status expires, work would be unauthorized until your EAD is approved.

Edited September 13, 2017 by geowrian

[Anand Jayalal 0]

UPDATE:

 

-My wife received a letter for I-130 interview.

 

- I received another RFE for my 485.  During my second submission, I forgot to include my wife's tax info as part of the 864.  I had submitted all that on my first application though.  Anyways, its fine, I can send them the tax papers and paystubs, bank statement, employment letter etc.

 

Two points on the RFE is very confusing to me.  One of them states my wife's income is sufficient but I did not include proof, which is fine, I can send them the paystubs, etc.  Second point says it did not meet 125% of poverty line guidelines.  This is the confusing part for me.  On the 864, the total household size was 3 (this is wrong as explained below) so as per the poverty guidelines, her salary should be $25,525.00.  She makes way more than that. 

 

Household size of 3 itself is wrong, it should be 2 but the 864 automatically calculated it as 3 and we couldn't manually override it.  On part 5, item#1 and 3 is the same person, myself, but the way the 864 logic works, it adds the number twice.  I think its a glitch, you'll see it if you look at the electronic form.  I couldn't leave item 3 box blank because the sponsor is indeed married to me.

 

Can someone please help me understand what USCIS really meant by these two seemingly contradicting points?  Also comment on the household size issue?

 

Edited September 27, 2017 by Anand Jayalal

[Suss&Camm 2,213]

1 minute ago, Anand Jayalal said:

UPDATE:

 

-My wife received a letter for I-130 interview.

 

- I received another RFE for my 485.  During my second submission, I forgot to include my wife's tax info as part of the 864.  I had submitted all that on my first application though.  Anyways, its fine, I can send them the tax papers and paystubs, bank statement, employment letter etc.

 

Two points on the RFE is very confusing to me.  One of them states my wife's income is sufficient but I did not include proof, which is fine, I can send them the paystubs, etc.  Second point says it did not meet 125% of poverty line guidelines.  This is the confusing part for me.  On the 864, the total household size was 3 (this is wrong as explained below) so as per the poverty guidelines, her salary should be $25,525.00.  She makes way more than that. 

It will automatically produce "does not meet requirements" when the proof of the claimed income isn't adequate. 

 

1 minute ago, Anand Jayalal said:

Household size of 3 itself is wrong, it should be 2 but the 864 automatically calculated it as 3 and we couldn't manually override it.  On part 5, item#1 and 3 is the same person, myself, but the way the 864 logic works, it adds the number twice.  I think its a glitch, you'll see it if you look at the electronic form.  I couldn't leave item 3 box blank because the sponsor is indeed married to me.

It also says that you are not suppose to count anyone twice. You are not supposed to enter a "1" on that item when the sponsor is also the spouse. i-130's are used for all family based petitions, only some of those are spouses. For everyone else it makes sense, but for spouses they have to not "count twice" in that field.

 

[Anand Jayalal 0]

I can understand them asking me evidence of income since I did not submit them.  I can provide this.  So based on your explanation above, is it a vice idea to just do a new 864 with the correct household number and submit along with income verification as a response to the RFE?

[Suss&Camm 2,213]

6 minutes ago, Anand Jayalal said:

I can understand them asking me evidence of income since I did not submit them.  I can provide this.  So based on your explanation above, is it a vice idea to just do a new 864 with the correct household number and submit along with income verification as a response to the RFE?

Yes, I would do so and I would include a letter explaining/outlining any changes and why.

Don't forget to make a copy of the rfe for your records and put the one you got on top of the package when sending back. 

Edited September 27, 2017 by Suss&Camm