i-485 denied - help!

[payxibka 10,045]

Just now, sjfoley1 said:

It’s $535 for I-130, then $1140+$85 for the I-485.  No fees for EAD and AP when filed with AOS packet. So almost $1800 total.

Your i130 wasn't denied.   No need to refile that petition 

[Boiler 45,486]

Presumably you have an I 130 already?

[igoyougoduke 1,656]

1 hour ago, sjfoley1 said:

It’s $535 for I-130, then $1140+$85 for the I-485.  No fees for EAD and AP when filed with AOS packet. So almost $1800 total.

wait why would you reapply I-130 ?

[sjfoley1 11]

1 hour ago, payxibka said:

Your i130 wasn't denied.   No need to refile that petition 

 

1 hour ago, Boiler said:

Presumably you have an I 130 already?

You're right! We concurrently filed everything since he is in the US with me, I just assumed they denied the whole thing. So we just need to wait for his correct BC to be delivered and then we will re-file his i485, EAD and possibly AP.

 

Which form does the new public charge law affect? Will it be applied to him since we will have to re-file his i485 past Feb 24th?

[Loren Y 2,755]

I was just going to mention, don't forget the new I944 I think it is now. Unless you can get it mailed before the 24th. I would work on filling that form out now, and getting a copy of your credit report and score so you have it.

[sjfoley1 11]

9 minutes ago, Loren Y said:

I was just going to mention, don't forget the new I944 I think it is now. Unless you can get it mailed before the 24th. I would work on filling that form out now, and getting a copy of your credit report and score so you have it.

so the new form will for sure go with the i485? I was a bit confused when trying to read about it. I found the forum posts about it here but some are really long and i haven't read through all of the posts yet. does my husband fill out the 944 as it pertains to him? he won't have a credit report here or anything like that since he has not been working.

[igoyougoduke 1,656]

12 minutes ago, sjfoley1 said:

so the new form will for sure go with the i485? I was a bit confused when trying to read about it. I found the forum posts about it here but some are really long and i haven't read through all of the posts yet. does my husband fill out the 944 as it pertains to him? he won't have a credit report here or anything like that since he has not been working.

you should use the checklist here as guidance 

 

https://www.uscis.gov/i-485Checklist

[J&S12 295]

8 hours ago, Loren Y said:

I was just going to mention, don't forget the new I944 I think it is now. Unless you can get it mailed before the 24th. I would work on filling that form out now, and getting a copy of your credit report and score so you have it.

Is the I-944 about the immigrant or the USC? Credit score etc.

[geowrian 22,337]

6 hours ago, J&S12 said:

Is the I-944 about the immigrant or the USC? Credit score etc.

The I-944 is submitted by the AOS applicant (not the USC).

[J&S12 295]

29 minutes ago, geowrian said:

The I-944 is submitted by the AOS applicant (not the USC).

Thank you. I didn’t know, due to the “household” questions. 

[sjfoley1 11]

7 hours ago, J&S12 said:

Is the I-944 about the immigrant or the USC? Credit score etc.

The AOS applicant completes the form, but in the instructions for the form it wants the assets, debts, etc for the applicant and all persons in their household. I found the info last night on the USCIS website.

 

https://www.uscis.gov/i-944

[Cndn 98]

I know they were within their rights to deny the application but I can’t believe you still weren’t just issued an RFE for such a minor mistake. Merciless. Best course of action is to resubmit the package and go through it with a fine tooth comb this time. Take your time. I think I flipped through and quadruple checked my application something like eight times before I sent it in (and I still got an RFIE because I sent a tax return and they wanted the transcript ha). This process is difficult and anxiety producing as it is but this is next level. Sorry OP! It will be okay if you just resubmit it and are meticulous this time. 

Edited February 22, 2020 by Cndn

[Moe428 129]

On 2/21/2020 at 1:36 PM, sjfoley1 said:

We received an RFE asking for copy of his birth certificate. I actually posted here about it when we received the RFE because we were confused as we had sent a photo copy of the certified copy he has, so we mailed the certified copy in response to the RFE. We didn't realize the copy he had was a short-form certificate, and not the long form which contains the parental info.

 

The letter today reads "we must inform you that we are denying your application" and its due to the fact that we mailed the short-form and not the long-form.

Ok, so they did send the RFE.  So the denial doesn't look completely ridiculous.

[mydas28 19]

So this is what happened with my friend.

 

My friend got married to her fiance who came to the US after waiting for 14 months for his K1 visa. A little back-story about what happened with them. They were expecting a baby boy in early 2018 but unfortunately she had a miscarriage in Oct 2017 and she had to leave the country (NZL) in Nov 2017 because her visa expired. But they still stuck through this hard time and he finally arrived in Jan 2019 and they got married in Feb 2019. They concurrent filed for i-485, -i-130, i-131 and i-765 in Feb 2019, a week after getting married. There was no update in the status of any application until Oct 2019, when they were given another setback of their i-485 being denied because it was apparently missing i-864 form. Now, she wasn't sure about if she missed the form completely from her packet or if she even filled it out in the first place (she did not have a copy of her application packet). They immediately hired an immigration lawyer (charged only around $500) and refiled all their applications again a week after getting the notice of denial from USCIS in mail. On Feb 14 2020, almost 2 years and 4 months since first filing their application for K1 visa, they were notified by USCIS that their i-485 was ready to be scheduled for interview and they got their EAD and AP approved too!!

 

Hops this story helps!

[igoyougoduke 1,656]

On 2/24/2020 at 7:56 AM, mydas28 said:

So this is what happened with my friend.

 

My friend got married to her fiance who came to the US after waiting for 14 months for his K1 visa. A little back-story about what happened with them. They were expecting a baby boy in early 2018 but unfortunately she had a miscarriage in Oct 2017 and she had to leave the country (NZL) in Nov 2017 because her visa expired. But they still stuck through this hard time and he finally arrived in Jan 2019 and they got married in Feb 2019. They concurrent filed for i-485, -i-130, i-131 and i-765 in Feb 2019, a week after getting married. There was no update in the status of any application until Oct 2019, when they were given another setback of their i-485 being denied because it was apparently missing i-864 form. Now, she wasn't sure about if she missed the form completely from her packet or if she even filled it out in the first place (she did not have a copy of her application packet). They immediately hired an immigration lawyer (charged only around $500) and refiled all their applications again a week after getting the notice of denial from USCIS in mail. On Feb 14 2020, almost 2 years and 4 months since first filing their application for K1 visa, they were notified by USCIS that their i-485 was ready to be scheduled for interview and they got their EAD and AP approved too!!

 

Hops this story helps!

sounds like they didnt file the paperwork correctly.