I-485 Denied with I-130 Pending

[Joey & NaYa 13]

Hello Folks,

 

A relative of mine has a peculiar case that we need some guidance with.

Background

Recently received a Notice of Decision for I-485 Denial. The reasons why I-485 was denied are:

1. Record of entry into the United States not completed (Although he filled out I-94 portion and added I-94)

2. No I-864 attached

3. Birth Certificate not acceptable (Old form)

 

Now below are the questions we have:

1. He has a copy of the I-94. (Entered in 2003). However, the passport he entered with has long been lost.

    In his first application, he stated that the passport is lost and therefore does not have entry passport and visa information. How can he get around this problem? Note that the I-94 is available.

 

2. The I-130 is pending. No decision yet. Do you suggest that he starts all over again with both I-130 and I-485? In case I-130 is approved, can he file a new I-485 against the same old I-130? What are the chances that the I-130 will be approved though I-485 has been denied?

 

Please share your experience and/or knowledge.

 

Thank you

[geowrian 22,337]

No new I-130 is needed. That is based on the marriage or other relationship. The issue is with the AOS only.

 

The lack of an I-864 alone is cause for outright denial. Anyway, both that and the I-944 is now required when he refiles.

 

Im uncertain on the best way to approach the entry issue. The I-94 is usually sufficient. You could try an I-102 although I’m not sure if that would really be different.

Edited May 7, 2020 by geowrian

[SusieQQQ 11,586]

It’s not really relevant I guess but they used to staple the i94 in the passport in the old days. How did he manage to keep the i94 but lose the passport?!

Anyway yes i864 alone is a problem.

[Joey & NaYa 13]

5 hours ago, geowrian said:

No new I-130 is needed. That is based on the marriage or other relationship. The issue is with the AOS only.

 

The lack of an I-864 alone is cause for outright denial. Anyway, both that and the I-944 is now required when he refiles.

 

I'm uncertain on the best way to approach the entry issue. The I-94 is usually sufficient. You could try an I-102 although I’m not sure if that would really be different.

I-102 is for replacement of I-94 which we have. I also agree that usually I-94 is enough. I will take copies of application and review exactly what was in there.