i485 denial Help Resubmitting after i485 denial.

[austinwood21 0]

Hi Everyone

 

I have tried to search for other threads from people in this position but I can only find snippets of information that I am not completely confident applies to me.

 

I am English, my wife is American. We got married last year in the US. I was on a B1B2 visa when I entired the country. We completed the correct forms for my residency however it was denied. (I was very foolish and didn't respond to a request for evidence as they already had what they were asking for). We did try to reopen however ran out of time due to travel plans.

 

We both left the country knowing we would have to start the process all over again. I am now back in the US, again on a B1B2 and I was very clear that I am here visiting my wife when going through immigration at the airport.

 

We are thinking of either reapplying for residency or moving to the UK, my home. What I need help with here is a few questions I cannot find any answers to.

 

We understand we have to pay for the i485 and i130 again but do we need to do the biometrics and pay for that again?

 

Should we send in anything from last time we went through the process? For example copies? Or shall we just consider it a completely clean fresh start?

 

Do we need to consider anything else here? Is there anything that anybody knows that would help us out?

 

Thank you so much to anybody who can help.

 

[Going through 5,671]

15 minutes ago, austinwood21 said:

We understand we have to pay for the i485 and i130 again but do we need to do the biometrics and pay for that again?

Biometrics is included in the total fee, it's not optional.  If you sent the application leaving the biometrics fee out of your cheque, the application would be returned for insufficient payment.

 

17 minutes ago, austinwood21 said:

Should we send in anything from last time we went through the process? For example copies? Or shall we just consider it a completely clean fresh start?

It's a clean start as far as submitting the new application is concerned---do not send in copies of old letters/notices received by USCIS.

 

19 minutes ago, austinwood21 said:

Do we need to consider anything else here?

Sometime during your new application process, the adjudicating officer will become aware that USCIS denied you the first time around, and why.  This will have no bearing on your new application since the denial was based on you not providing further documentation within their allotted time frame.  Just make sure you respond to any RFEs in the future from them!