Denied AOS

[ana ny mo 14]

I just got denied from I-485 because I missed to submit my marriage certificate when they gave me RFE. It didn't come to my mind that they have to ask it again through RFE even though I provided them a copy of my MC when I submitted my Adjustment of Status. My mistake that I didn't read the RFE carefully that's why I failed to submit another marriage certificate.

I have to file a notice of motion to re open. I have an idea about the filing fee and form. but I don't  know what evidences should I attach the marriage certificate on it the one they are missing? 

 

I am pregnant right now. My unborn child and I need to stay with his/her father.  I hope I can continue my case I don't want to redo it again because I have to pay 1k again and my husband is saving money before I give birth. Hope someone who can help me what to do. Thank you!

Edited July 13, 2022 by mhai2022

[powerpuff 6,744]

~~ Topic moved from K1 forum to AOS K1 ~~
 

On what grounds are you going to file an appeal? USCIS did not make an error in this case

Edited July 13, 2022 by powerpuff

[ana ny mo 14]

motion to re open can't file an Appeal the USCIS said only motion

[Verrou 1,962]

in some cases, people said that is faster to re-apply then to appeal 

they notoriously loose documents

even though u already submit it, when they request for it, submit again

Edited July 13, 2022 by Misscloud

[ana ny mo 14]

not to appeal. I am trying to apply motion to re open

[Crazy Cat 41,985]

8 minutes ago, mhai2022 said:

I just got denied from I-485 because I missed to submit my marriage certificate when they gave me RFE. It didn't come to my mind that they have to ask it again through RFE even though I provided them a copy of my MC when I submitted my Adjustment of Status. My mistake that I didn't read the RFE carefully that's why I failed to submit another marriage certificate.

I have to file a notice of appeal or motion. I have an idea about the filing fee and form. but I don't  know what evidences should I attach the marriage certificate on it the one they are missing? 

 

I am pregnant right now. My unborn child and I need to stay with his/her father.  I hope I can continue my case I don't want to redo it again because I have to pay 1k again and my husband is saving money before I give birth. Hope someone who can help me what to do. Thank you!

Are you sure that is the reason for denial?  You need to refile and pay again ASAP!!!!!!  ......After a denial, you are now out of status and subject to removal.   Any EAD or Advance parole associated with the denied I-485 is now voided.  You have to reapply for those as well.

Edited July 13, 2022 by Crazy Cat

[Verrou 1,962]

1 minute ago, mhai2022 said:

not to appeal. I am trying to apply motion to re open

same process. it will take a while, and i dont see u are going to win the motion to reopen since the " mistake" is on ur end

[powerpuff 6,744]

3 minutes ago, mhai2022 said:

not to appeal. I am trying to apply motion to re open

Same principle for both appeal and motion to reopen. I understand if you did not make mistake and USCIS made an error but failing to respond to RFE is not grounds to reopen your application 

[ana ny mo 14]

10 minutes ago, Crazy Cat said:

Are you sure that is the reason for denial?  You need to refile and pay again ASAP!!!!!!  ......After a denial, you are now out of status and subject to removal.   Any EAD or Advance parole associated with the denied I-485 is now voided.  You have to reapply for those as well.

yes they denied me because of that. In rfe they asked for the us citizenship of my husband  and marriage certificate even though I provided all of these when I applied for my AOS but I submitted again the citizenship of my husband through RFE the only mistake that I made I didn't include the marriage certificate.

[Pinkrlion 2,724]

You can file for motion to re-open and add the MC.  However, you have a very short window to file.  If you file too late, it will be denied.  

[milimelo 4,510]

Safer bet is to refile AOS instead of chasing motion to reopen (you’re at fault here so motion wouldn’t work). 

[arken 4,197]

1 hour ago, mhai2022 said:

am pregnant right now. My unborn child and I need to stay with his/her father.

You are pregnant. Would you rather

 

1. File for the motion to reopen for $675 and wait for months with the tension hanging over in your mind and then appear before an immigration judge with the fear if you'll be denied since uscis was not wrong in denying your AOS based on RFE.

 

OR

 

2.  File a new AOS package for $1,140 and just go through your pregnancy and deliver the baby in peace of mind and later get the GC.

Edited July 13, 2022 by arken

[Mike E 11,741]

2 hours ago, mhai2022 said:

I am pregnant right now. My unborn child and I need to stay with his/her father.  I hope I can continue my case I don't want to redo it again because I have to pay 1k again and my husband is saving money before I give birth. Hope someone who can help me what to do. Thank you!

While I think you have a legal case to win, I think you will legal need legal representation. The cost of this will exceed refilling I-485.  
 

If you refile I-485 before the deadline the notice gives you to depart the USA, then you will not accrue unauthorized presence and you will able to stay in the USA. 

[beloved_dingo 1,979]

I agree with @arken on this. USCIS had grounds to deny the petition, since you did not fully respond to the RFE. However it could be argued that a mistake was made since you said you provided the MC in the original packet. Regardless of that though, it will likely end up costing you MORE money (and stress) in the long run if you try to do a MTR only to end up having to resubmit (and pay) to re-file.

 

Time to just accept that an expensive and unfortunate mistake was made, refile for AOS, and move on. 

 

Edited to clarify a couple of things. 

Edited July 13, 2022 by beloved_dingo

[powerpuff 6,744]

~~ Duplicate thread removed. Please do not start multiple threads pertaining to same or related topic. ~~
 

14 minutes ago, mhai2022 said:

Hello they said the only who can apply for I-290B notice of motion is only the petitioner and applicant but not the beneficiary.

 

I am confused because as far as I understand I am the beneficiary--- and I am the applicant as well and my petitioner is my husband.

 

 

 so can I fill the form I-290B? 

 

please enlighten me! thank you!

you are the applicant. This is adjustment of status, you are not a beneficiary in this case