First i485 denied, second i485 rejected.

[dominodancing 3]

Good evening forum. My first post here, so help me God!

Filed for K1 visa may 2019.She got in US april 2021 with K2.

Filed i485 for both june 2021, got RFE(tax return from IRS for 2020) request july 2021, deadline was october 2021. August 2021 got biometrics appointments for september 2021, did that. 
While filing i485 in june 2021 noticed error on IRS tax return for 2020, filed amendment and it took until may 2022 to fix it for IRS.

Did not respond to RFE(did not have proper IRS tax return), received denial of i485 in january 2022.

 

Hired lawyer, filed january 2022 motion to reopen/reconsider.April 24 2022 got denial for motion to reopen.

 

May 11 2022 filed again i485, new one, the same way i did in 2021, and got it rejected in may 2022.

I attached the letter from USCIS.

Honestly i cant figure it out what they asking for?!?? 
Should i submit in my second i485 that notice of action from my first filing in 2021? 
 

its not a rocket science but confusing

 

 

[Chancy 6,243]

*** Moved from K1 Process & Procedures to AOS from K1 Visas forum ***

 

54 minutes ago, dominodancing said:

Should i submit in my second i485 that notice of action from my first filing in 2021? 

 

I assume you married within 90 days of US entry with K1 visa?  If you are filing I-485 based on marriage after K1 entry, you need to submit a copy of the I-129F approval notice.  Did you submit the I-129F notice with your 2nd I-485 package?  Also, on the 2nd I-485 form, did you list the receipt number and priority date of the approved I-129F petition?

 

[dominodancing 3]

22 minutes ago, Chancy said:

*** Moved from K1 Process & Procedures to AOS from K1 Visas forum ***

 

 

I assume you married within 90 days of US entry with K1 visa?  If you are filing I-485 based on marriage after K1 entry, you need to submit a copy of the I-129F approval notice.  Did you submit the I-129F notice with your 2nd I-485 package?  Also, on the 2nd I-485 form, did you list the receipt number and priority date of the approved I-129F petition?

 

Yes married after 60 days, i sent i-129f notice of action, did not sent I 129f approval notice, i did everything exactly as i filed first time. USCIS never requested this  first time when i filed i485.Did not list receipt number nor priority date.

Cant locate this approved I129F petition letter, may be i lost it. 

[Chancy 6,243]

3 minutes ago, dominodancing said:

Yes married after 60 days, i sent i-129f notice of action, did not sent I 129f approval notice, i did everything exactly as i filed first time. USCIS never requested this  first time when i filed i485.Did not list receipt number nor priority date.

Cant locate this approved I129F petition letter, may be i lost it. 

 

Multiple RFEs are possible, so maybe USCIS just did not get around to sending an RFE for other issues, since they already denied the 1st I-485 after the 1st RFE.

 

Anyway, list the I-129F receipt number and priority date on the I-485 form.  Page 4 of the I-485 requires the details of the underlying petition.  If you've lost the I-129F approval notice, the I-129F receipt notice will do.

 

Also, make sure to use the latest version of the forms, downloaded from the official USCIS page.  They may have changed since your previous filing.  Latest I-485 is the 03/29/21 edition.  Latest I-864 is the 12/08/21 edition.

 

[dominodancing 3]

2 hours ago, dominodancing said:

Good evening forum. My first post here, so help me God!

Filed for K1 visa may 2019.She got in US april 2021 with K2.

Filed i485 for both june 2021, got RFE(tax return from IRS for 2020) request july 2021, deadline was october 2021. August 2021 got biometrics appointments for september 2021, did that. 
While filing i485 in june 2021 noticed error on IRS tax return for 2020, filed amendment and it took until may 2022 to fix it for IRS.

Did not respond to RFE(did not have proper IRS tax return), received denial of i485 in january 2022.

 

Hired lawyer, filed january 2022 motion to reopen/reconsider.April 24 2022 got denial for motion to reopen.

 

May 11 2022 filed again i485, new one, the same way i did in 2021, and got it rejected in may 2022.

I attached the letter from USCIS.

Honestly i cant figure it out what they asking for?!?? 
Should i submit in my second i485 that notice of action from my first filing in 2021? 
 

its not a rocket science but confusing

 

 

I also got this green paper.What does it mean?!?

[SteveInBostonI130 3,471]

19 hours ago, dominodancing said:

Good evening forum. My first post here, so help me God!

Filed for K1 visa may 2019.She got in US april 2021 with K2.

Filed i485 for both june 2021, got RFE(tax return from IRS for 2020) request july 2021, deadline was october 2021. August 2021 got biometrics appointments for september 2021, did that. 
While filing i485 in june 2021 noticed error on IRS tax return for 2020, filed amendment and it took until may 2022 to fix it for IRS.

Did not respond to RFE(did not have proper IRS tax return), received denial of i485 in january 2022.

 

Hired lawyer, filed january 2022 motion to reopen/reconsider.April 24 2022 got denial for motion to reopen.

 

May 11 2022 filed again i485, new one, the same way i did in 2021, and got it rejected in may 2022.

I attached the letter from USCIS.

Honestly i cant figure it out what they asking for?!?? 
Should i submit in my second i485 that notice of action from my first filing in 2021? 
 

its not a rocket science but confusing

 

 

Hi,

 

First, I just have a comment about the lawyer.  A lawyer should know that the motion to reconsider works if USCIS made a mistake.  They did not make a mistake - you did not respond to the RFE within the deadline and therefore the denial was justified.  Consequently, the motion to reopen/reconsider would fail, which is what happened.

 

Things like this makes me scratch my head regarding some lawyers.

 

Second, did you submit the marriage certificate, photocopy of your spouse's K1 visa page and page with the admission stamp (if not on the page with the K1), and your spouse's I-94 along with the I797 NOA1 for the K1 petition?

[dominodancing 3]

3 hours ago, SteveInBostonI130 said:

 

Hi,

 

First, I just have a comment about the lawyer.  A lawyer should know that the motion to reconsider works if USCIS made a mistake.  They did not make a mistake - you did not respond to the RFE within the deadline and therefore the denial was justified.  Consequently, the motion to reopen/reconsider would fail, which is what happened.

 

Things like this makes me scratch my head regarding some lawyers.

 

Second, did you submit the marriage certificate, photocopy of your spouse's K1 visa page and page with the admission stamp (if not on the page with the K1), and your spouse's I-94 along with the I797 NOA1 for the K1 petition?

I submitted everything as per instructions, and i sent notice of action I 797 that petition was received( not the approved petition I797). 
She does not have I-94, only blue stamp of the day when

they entered US at same page where is K1.

Question is what priority date  they can not establish now?!? Confusing. All same documents i sent first time. Now i think may be they want I797 approval notice of I129f petition?!

And will they proceed with immigration court for deportation?!? All is just a nightmare.

[Rocio0010 5,580]

23 hours ago, dominodancing said:

Hired lawyer, filed january 2022 motion to reopen/reconsider.April 24 2022 got denial for motion to reopen.

Lost four months due to lawyer incompetency. A motion to reopen only works if USCIS made a mistake -which they didn’t. 
Make sure all the forms are current, all pages are there, and properly signed. Do include the documents that @SteveInBostonI130 has suggested.

Get rid of the attorney. Obviously not competent 

[Rocio0010 5,580]

4 minutes ago, dominodancing said:

She does not have I-94

New arrivals don’t have a paper copy. It’s a digital copy that you can access if you look for I-94 records on Google. I would post the link, but I’m on my phone. It takes less than three minutes. 
I would also include a letter explaining that you lost the Approved petition notice -sign it and notarize it. Include the i797 that you do have.

Priority date= In your case, the date that USCIS received and accepted your petition. 

8 minutes ago, dominodancing said:

Confusing. All same documents i sent first time

Those denial letters are generic. It’s your job to realize what they are requiring. It sucks, I know. But it is what it is. Their rules. Hopefully you kept a copy of the package/s you sent. Those would be helpful as your reference points to see what was amiss. 

 

9 minutes ago, dominodancing said:

And will they proceed with immigration court for deportation?!?

 No, not if you act fast. 

[Rocio0010 5,580]

Here’s the website for the I-94 records

[Family 4,065]

2 hours ago, dominodancing said:

submitted everything as per instructions, and i sent notice of action I 797 that petition was received( not the approved petition I797). 

She does not have I-94, only blue stamp of the day when

they entered US at same page where is K1.

Question is what priority date  they can not establish now?!? Confusing. All same documents i sent first time. Now i think may be they want I797 approval notice of I129f petition?!

And will they proceed with immigration court for deportation?!? All is just a nightmare.

 

On 6/1/2022 at 8:24 PM, dominodancing said:

USCIS never requested this  first time when i filed i485.Did not list receipt number nor priority date.

1. Correct your I-485 w the WAC # receipt of I-129 F. That is the reason for the 2nd rejection. Your first filing also contained the error, but it was reviewed by a more experienced staff who clearly saw the K-1 visa/ entry….and gave you a break by not rejecting. 

2. Go to USCIS case status online , enter WAC # and it will show “ case was approved “ print and include it

 

3. Refile your Adjustment. 
 

4. They do not currently rush to issue NTA / send you to court on the 31st day after denial, so don’t worry 

 

5. If you ever get an RFE in the future, you must ALWAYS respond by deadline, even if to request additional time and provide a reason why delay is due to circumstances beyond your control…

In your case, however, if you had simply responded to the RFE with proving current qualifying income ( paystub/ job letter), a copy of the W-2 , a statement that your  current year taxes are being prepared ( or amended), sent copies of previous 2 years taxes or IRS transcripts  , you would have overcome the RFE ….

 

Good Luck

 

 

 

[dominodancing 3]

7 hours ago, Family said:

 

1. Correct your I-485 w the WAC # receipt of I-129 F. That is the reason for the 2nd rejection. Your first filing also contained the error, but it was reviewed by a more experienced staff who clearly saw the K-1 visa/ entry….and gave you a break by not rejecting. 

2. Go to USCIS case status online , enter WAC # and it will show “ case was approved “ print and include it

 

3. Refile your Adjustment. 
 

4. They do not currently rush to issue NTA / send you to court on the 31st day after denial, so don’t worry 

 

5. If you ever get an RFE in the future, you must ALWAYS respond by deadline, even if to request additional time and provide a reason why delay is due to circumstances beyond your control…

In your case, however, if you had simply responded to the RFE with proving current qualifying income ( paystub/ job letter), a copy of the W-2 , a statement that your  current year taxes are being prepared ( or amended), sent copies of previous 2 years taxes or IRS transcripts  , you would have overcome the RFE ….

 

Good Luck

 

 

 

31st day after denial to court for deportation???

denied january 07 2022, motion to reopen denied april 24 2022, new i485 rejected may 24 2022, so when they can send to court???

[Lil bear 4,261]

1 hour ago, dominodancing said:

31st day after denial to court for deportation???

denied january 07 2022, motion to reopen denied april 24 2022, new i485 rejected may 24 2022, so when they can send to court???

Dont focus any time or energy on the court issue .. the only thing you can do is to take the solid advice already given and act swiftly by submitting everything  correctly 

 

If anything, let the risk of a court appearance motivate you positively.  

Edited June 3, 2022 by Lil bear

[Family 4,065]

They will not issue an NTA or send you to court before you get a chance to refile, so please don’t worry. ..because of many challenges to defective NTAs plus the recent ICE memo on who constitutes removal priorities, your wife is ok till you re file. 

 

[Mansoorjan 1]

Send just form I-130 and everything will be good. I had the same problem.