Motion to reopen (I-290B) for I-130, I-485

[Micpic999 0]

Hey everyone,

long story short, got notice to intent to deny after interview. Prepared a response and sent it with a lawyer within the deadline. A month later both i130 and i485 got denied, uscis said they didn’t receive any response from us. Of course we have the usps proof that it was delivered at the uscis office within the deadline.

the question is if we should send a motion to reopen only for the i-130 and if it’s granted they will open the i485 as well or should we send a motion to reopen for each, one for the I-130 and one for the I-485?

also someone knows anything about expedited requests for I-290b?

my lawyer has her opinion but I like to hear others maybe ones with previous experience.

 

Thanks in advance to all

Edited February 27, 2020 by Micpic999

[arken 4,197]

I don’t think reopening i130 would automatically reopen i485 as they are separate cases. I think you should file the motion to reopen them individually.
 

I just want to say, wouldn’t refiling i130 and i485 with better evidences is easier at this time? 

[Micpic999 0]

2 minutes ago, arken said:

I don’t think reopening i130 would automatically reopen i485 as they are separate cases. I think you should file the motion to reopen them individually.
 

I just want to say, wouldn’t refiling i130 and i485 with better evidences is easier at this time? 

I was thinking that because the denial of the i485 based on the denial of the i130 it’ll make sense they’ll open both if the i130 motion is granted.

 

refiling is not a good option here since the problems led to the denial based on a previous marriage(old case).

[arken 4,197]

My take is still different unless somebody corrects me:

 

In general, i130 processing or even approval doesn’t trigger anything to start i485. Only when they are processing i485 because it is filed, they check i130 decision before making a decision on i485.

If i130 is denied, i485 has to be denied.

If i130 is approved, i485 can be denied or approved.

 

Since they are independent forms and are processed separately, i will assume reopening i130 doesn’t trigger reopening i485 unless separate motion for i485 exists. So it’s likely two separate fees.

 
 

 

Back to Motion to Reopen: 

Reopen usually requires new facts or evidences.

if you like to have other people’s opinion on whether your motion to reopen has a good chance of being successful, you can post about your case and what new facts/evidences you will be claiming.

 

[carmel34 3,635]

18 hours ago, Micpic999 said:

 

refiling is not a good option here since the problems led to the denial based on a previous marriage(old case).

If the denial was based on a previous marriage, not your current one, those problems will need to be addressed, if possible, either way you decide to go, motion to reopen or file again.  Sounds like you are working with an attorney on this, hopefully an experienced one, as you may need a waiver.  Good luck!