Sponsorship (merged topics)

[Nitas_man 3,100]

I’m in disagreement with the lawyer here.  A very carefully crafted demonstration of current income should suffice.

 

[Boiler 45,558]

What is the point of filing a Motion to Reopen?

[Mike E 11,739]

3 minutes ago, Boiler said:

What is the point of filing a Motion to Reopen?

Per the thread I linked, @Demise and @Villanelle suggested that the point is that filing the motion would prevent the EAD from being canceled,  and to save money (about $600 to file motion to reopen versus over $1000 to file a new I-485 package).   With her EAD, OP’s wife could earn money which would potentially help down the road.  The lawyer independently reached the same conclusion 

[Nitas_man 3,100]

4 minutes ago, Mike E said:

Per the thread I linked, @Demise and @Villanelle suggested that the point is that filing the motion would prevent the EAD from being canceled,  and to save money (about $600 to file motion to reopen versus over $1000 to file a new I-485 package).   With her EAD, OP’s wife could earn money which would potentially help down the road.  The lawyer independently reached the same conclusion 

Believe a motion to reopen requires error on the part of USCIS.  Was the correct documentation provided?  If not, a whole new correctly filed package may be required.  I wouldnt use a lawyer.  Waste of money there.

Edited June 5, 2021 by Nitas_man

[Mike E 11,739]

20 minutes ago, Nitas_man said:

I’m in disagreement with the lawyer here.  A very carefully crafted demonstration of current income should suffice.

 

Thanks.  
 

Do you think this could be done with the I-290B or would it need a new I-485 package?

[Boiler 45,558]

1 minute ago, Mike E said:

Per the thread I linked, @Demise and @Villanelle suggested that the point is that filing the motion would prevent the EAD from being canceled,  and to save money (about $600 to file motion to reopen versus over $1000 to file a new I-485 package).   With her EAD, OP’s wife could earn money which would potentially help down the road.  The lawyer independently reached the same conclusion 

I realise this is one of those pulling teeth cases but from what I gather the case was correctly denied. So a Motion to Reopen will be rejected. So no money saving.

 

Also seems the OP now meets the requirement.

 

Keeping EAD, assuming that is the case that will be temporary.

 

 

[Demise 1,290]

2 minutes ago, Mike E said:

Per the thread I linked, @Demise and @Villanelle suggested that the point is that filing the motion would prevent the EAD from being canceled,  and to save money (about $600 to file motion to reopen versus over $1000 to file a new I-485 package).   With her EAD, OP’s wife could earn money which would potentially help down the road.  The lawyer independently reached the same conclusion 

Yeah this.

 

Though here's a question - what was listed for income on his 1040? Now I'm not exactly sure which number USCIS actually uses for purposes of determining the income, but I could imagine that things like student loans interest or capital losses could count against the income and basically push him below the line.

 

Also another thing, does the wife have any income? This might sound weird but legal income (you know, you got some form of employment authorization and don't work under the table) of the intending immigrant spouse can be used to supplement the income of the petitioner. In a way, the petitioner can vouch that the intending immigrant spouse won't be a burden using the intending immigrant spouse's own income.

 

Personally, I'd ask literally everyone I know who's a US Citizen or a Permanent Resident (idk, uncle, cousin, someone from the inlaws, friends, etc) if they'd be willing to cosign. 20 nos and a yes is a yes in this case.

 

Just now, Nitas_man said:

Believe a motion to reopen requires error on the part of USCIS.  Was the correct documentation provided?  If not, a whole new correctly filed package may be required.  I wouldnt use a lawyer.  Waste of money there.

Motion to reconsider requires an error on the part of USCIS. Though considering the circumstances thus far that could still be argued depending on what OP's friend ultimately decides to do. Whereas a motion to reopen requires basically additional documents to further your claim of eligibility. You can do both on one I-290B and USCIS will review each motion independently and it is possible to get a decision that's "approved in part, denied in part", which is an approval for all intents and purposes.

[Nitas_man 3,100]

7 minutes ago, Mike E said:

Thanks.  
 

Do you think this could be done with the I-290B or would it need a new I-485 package?

If this were me and based on odds of success I would file a new AOS package with all the goodies.  EAD, AP, the works.

I would document every dime on that I864

[Nitas_man 3,100]

2 minutes ago, Demise said:

Yeah this.

 

Though here's a question - what was listed for income on his 1040? Now I'm not exactly sure which number USCIS actually uses for purposes of determining the income, but I could imagine that things like student loans interest or capital losses could count against the income and basically push him below the line.

 

Also another thing, does the wife have any income? This might sound weird but legal income (you know, you got some form of employment authorization and don't work under the table) of the intending immigrant spouse can be used to supplement the income of the petitioner. In a way, the petitioner can vouch that the intending immigrant spouse won't be a burden using the intending immigrant spouse's own income.

 

Personally, I'd ask literally everyone I know who's a US Citizen or a Permanent Resident (idk, uncle, cousin, someone from the inlaws, friends, etc) if they'd be willing to cosign. 20 nos and a yes is a yes in this case.

 

Motion to reconsider requires an error on the part of USCIS. Though considering the circumstances thus far that could still be argued depending on what OP's friend ultimately decides to do. Whereas a motion to reopen requires basically additional documents to further your claim of eligibility. You can do both on one I-290B and USCIS will review each motion independently and it is possible to get a decision that's "approved in part, denied in part", which is an approval for all intents and purposes.

After an outright denial isn’t this effectively a motion to reconsider?

 

[Mike E 11,739]

22 minutes ago, Boiler said:

I realise this is one of those pulling teeth cases

From Silicon Valley to Colorado Springs, many a fowl are clucking about having their jaws opened wide for naught.  
 

Quote

 

 

 

but from what I gather the case was correctly denied. So a Motion to Reopen will be rejected. So no money saving.

 

Also seems the OP now meets the requirement.

 

Arguably OP always met the requirement but never clearly documented it.  
 

I never saw the entirety of the I-485 package but I suspect line 7 of i-864 said OP earned $14K a year and not $26K.  

 

And so I think you are saying that rung  bell cannot be unrung 

 

Quote

 

Keeping EAD, assuming that is the case that will be temporary.

 

 

How long is temporary though?

Edited June 5, 2021 by Mike E

[Boiler 45,558]

I guess what concerns me is that there is an Immigration Lawyer involved here and this is very basic very simple stuff.

 

Why would a Lawyer send in a I 864 that was clearly unapprovable. And not update it.

 

All very confusing.

 

I do not know how long temporary will be.

[Mike E 11,739]

1 hour ago, Boiler said:

I guess what concerns me is that there is an Immigration Lawyer involved here and this is very basic very simple stuff.

 

Why would a Lawyer send in a I 864 that was clearly unapprovable. And not update it.

Sorry the other thread I referenced would have been helpful.  
 

OP filed the i-485 package without a lawyer. It was a DIY but unfortunately not with enough attention to the VJ guides.   The lawyer was not involved.  
 

The lawyer became involved after the I-485 was denied.  
 

This was the second I-485.  The previous one, was rejected because of other errors in the I-864.  
 

After this, two failed attempts, I believe OP and wife have decided they need professional help.  

[Boiler 45,558]

Good that they have professional help.

[Aspire5532 5]

Ok so this is what im getting from all this is EITHER get a JOINT SPONSOR or start all OVER or give up lol sorry i don't give up easily to many scars on me to prove my hardships Well i guess if she was coming from mexico it would be fine and free omg, but not for the tax paying law abiding citizen. My wife has been here since jan 2020 and did she BECOME a Public Charge? No because ive been working and paying taxes and taking care of wife. public charge what a joke word they use.

 

[Aspire5532 5]

I know im backtracking but i was approved on my i 129f.  I believe they asked me my income on that form. So why do they need more income proof. Anyways all this is so suffocating and i feel my mind starting to seperate from itself lol lol have good day I NEED A BIKE RIDE TODAY