I 485denied. Can I get work visa or something instead?

[designguy 1,179]

1 hour ago, Minori said:

11.08 Request for Evidences Letter sent out

 

12.23 Knew about the RFE on line case status.

12.27 I did not receive notices, called to resend request.  

 

2019.

01.12 RFE arrival to only my son

01.16 resend request online to Send RFE for me

01.27 received for me  

From your timeline it seems pretty clear that you sent RFE response AFTER the allowed response period (and extensions are not permitted). The clock starts ticking once the RFE is issued, not when you personally receive it. Your response should have been received by USCIS no later than Jan 30. Why did you wait over a month after your finally received the RFE to actually send the documents? As others have pointed out you need to face the facts now. You did not follow the proper procedure. If you want to stay in the US you will have to refile.

Edited September 30, 2019 by designguy

[Going through 5,671]

2 hours ago, Minori said:

Ahhh :(( 

Yes, but we don’t afford to refile and he doesn’t want to pay. :((

 

2 hours ago, Minori said:

I don’t know which is cheaper to refile or hire an attorney

If he doesn't want to pay/cannot afford to pay to refile, do you think he's going to want to pay attorney fees?

[Minori 111]

Just now, Going through said:

 

If he doesn't want to pay/cannot afford to pay to refile, do you think he's going to want to pay attorney fees?

No, he doesn’t want to pay for anything even he can’t handle this situation by himself. 

[Going through 5,671]

1 minute ago, Minori said:

No, he doesn’t want to pay for anything even he can’t handle this situation by himself. 

Then you need to sit down and discuss a plan going forward with your husband.  

Right now,  it seems you are out of legal status (may have been since February) and are subject to deportation at any time.

 

Your best options are to refile for the AOS, or you leave the country and file the CR-1 visa at a later date when you can afford to do so.

See if you can borrow the filing fees from a family member or the person who was co-sponsoring?

[Minori 111]

10 minutes ago, designguy said:

From your timeline it seems pretty clear that you sent RFE response AFTER the allowed response period (and extensions are not permitted). The clock starts ticking once the RFE is issued, not when you personally receive it. Your response should have been received by USCIS no later than Jan 30. Why did you wait over a month after your finally received the RFE to actually send the documents? As others have pointed out you need to face the facts now. You did not follow the proper procedure. If you want to stay in the US you will have to refile.

If it’s Jan 30, I got RFE three days before that, how I can send by then? Why they updated my case “document was received”? 

My husband had changed his job and he had to get employment certificate from his work that took for 2weeks. 

[designguy 1,179]

4 minutes ago, Minori said:

If it’s Jan 30, I got RFE three days before that, how I can send by then? Why they updated my case “document was received”? 

My husband had changed his job and he had to get employment certificate from his work that took for 2weeks. 

According to your timeline the RFE was issued November 8th thats when the clock started ticking. Its up to you to make sure you stay on top of everything.

 

Your situation really is not that complicated in fact its quite binary:

1) Refile, pay the fees, and hope your application gets approved and you have a route to stay in the US

2) Leave the US and return home and figure out your path from there. You are in the US illegally and at risk for deportation

Edited September 30, 2019 by designguy

[Minori 111]

1 minute ago, Going through said:

Then you need to sit down and discuss a plan going forward with your husband.  

Right now,  it seems you are out of legal status (may have been since February) and are subject to deportation at any time.

 

Your best options are to refile for the AOS, or you leave the country and file the CR-1 visa at a later date when you can afford to do so.

See if you can borrow the filing fees from a family member or the person who was co-sponsoring?

Yes, I know so I have been to keep calling to USCIS to know about case. I didn’t get any notices!! And I called them 3 hours ago, they said I have to wait for another 3weeks because theTier2 requested to look into my case last week. 

Ive been handled like this for 2months and can’t know the truth. 

 

I don’t have any family to borrow money and my husband doesn’t want to rely on his brother who is cosponsor of K1. 

[Minori 111]

2 minutes ago, designguy said:

According to your timeline the RFE was issued November 8th thats when the clock started ticking. Its up to you to make sure you stay on top of everything.

 

Your situation really is not that complicated in fact its quite binary:

1) Refile, pay the fees, and hope your application gets approved and you have a route to stay in the US

2) Leave the US and return home and figure out your path from there. You are in the US illegally and at risk for deportation

Thank you for clarifying. 

I found this but not for my case? https://www.nolo.com/legal-encyclopedia/marriage-based-adjustment-status-denied-whats-next.html

[designguy 1,179]

3 minutes ago, Minori said:

Thank you for clarifying. 

I found this but not for my case? https://www.nolo.com/legal-encyclopedia/marriage-based-adjustment-status-denied-whats-next.html

From the website...

If USCIS did not revoke or deny your underlying family petition (I-129F or I-130) then you just need to file a new application to adjust status (I-485) with the petition receipt and all other supporting evidence. You will need to pay all fees over again, as well. Even if you are deportable, you may file a new application with USCIS if it has not issued an NTA.

 

This is what everyone is telling you...

 

[belinda63 3,041]

You need to either refile AOS or leave the US. You are out of status and accumulating overstay time at this point.

Arguing with USCIS won't do any good, you have 87 days from when an RFE is issued to respond. It does not matter when you received it, how long your work took to do this, etc. An RFE is a chance to correct an error, they are not required to issue an RFE they could have just flat out denied you.

[Unlockable 7,315]

@Minori,

 

Based on your replies I am going to try to read between the lines and make an assumption that because of the financial aspect of reapplying you are reaching out to USCIS in hopes of a reconsideration or appeal. It is like a shot in the dark attempt. I think you now know you will have to refile, but you do not have the money to do it alone. If there is any family or friends you can reach to explain your situation then you should be working on that also. Because your attempts at getting immigration to reconsider your previous AOS may very well be futile. 

 

Beg, borrow, and beg some more if you have to. But this needs to be taken care of.

 

Hoping for the best of luck with you and your kids.

[Minori 111]

23 minutes ago, designguy said:

From the website...

If USCIS did not revoke or deny your underlying family petition (I-129F or I-130) then you just need to file a new application to adjust status (I-485) with the petition receipt and all other supporting evidence. You will need to pay all fees over again, as well. Even if you are deportable, you may file a new application with USCIS if it has not issued an NTA.

 

This is what everyone is telling you...

 

I understand.. 

[Minori 111]

11 minutes ago, belinda63 said:

You need to either refile AOS or leave the US. You are out of status and accumulating overstay time at this point.

Arguing with USCIS won't do any good, you have 87 days from when an RFE is issued to respond. It does not matter when you received it, how long your work took to do this, etc. An RFE is a chance to correct an error, they are not required to issue an RFE they could have just flat out denied you.

Okay, Do I need any denial notice to refile?

12 minutes ago, Unlockable said:

@Minori,

 

Based on your replies I am going to try to read between the lines and make an assumption that because of the financial aspect of reapplying you are reaching out to USCIS in hopes of a reconsideration or appeal. It is like a shot in the dark attempt. I think you now know you will have to refile, but you do not have the money to do it alone. If there is any family or friends you can reach to explain your situation then you should be working on that also. Because your attempts at getting immigration to reconsider your previous AOS may very well be futile. 

 

Beg, borrow, and beg some more if you have to. But this needs to be taken care of.

 

Hoping for the best of luck with you and your kids.

I see... thank you. 

[Minori 111]

Thank you for every one to answer my questions and really quick response! 

 

I’m not sure if I can but I will ask my husband to make money later because he’s sleeping now. 

 

Hiring lawyer seems wasting time and money for my case. 

 

I appreciate all your help. 

Have a wonderful day there! 

[Just Paul 4,595]

40 minutes ago, Minori said:

Hiring lawyer seems wasting time and money for my case. 

You filed a I-864 for a joint sponsor but the spouse didn't /wouldn't provide his I-864.   You need to file the correct forms.  You can not make up the rules.

 

Based on your other posts, your spouse, clearly doesn't want to work and support you in this process.

 

If you choose to refile, you can post here and we will give you tons of free advice.  It might be best to pay a well regarded attorney to do the filing.

 

Soon you will be getting a NTA and will have to make a hard choice.