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ImNotGoodatMath

i-485 denied and next steps

By ImNotGoodatMath in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

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ImNotGoodatMath Rookie

ImNotGoodatMath   15

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Filed: K-1 Visa Timeline
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I forgot the marriage certificate in the RFE we received for tax returns 

I haven't filed taxes in years being that my VA compensation and pension is non taxable. (disabled veteran)  

We included the marriage certificate in the first packet but not in the second.

She also showed them our marriage certificate at the biometrics appointment for AOS and biometrics for EAD.

An honest mistake on our behalf but now we have to decide on filing a motion to reconsider or reopen or both on an I-290b very soon.

A lawyer I've spoken with wanted $4k to take our case for filing the motion on the I-290b

I guess another option would be to refile a new I-485 if that is allowed?  

Is it worth filing a motion since it was our mistake?  The only reason for denial was lack of proof of marriage.  

Any advice would be greatly appreciated.

Cheers,
Dave

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Crazy Cat Grand Master

Crazy Cat   41,804

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Filed: Citizen (apr) Country: Taiwan
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Posted (edited)

I would refile asap.

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Dashinka Grand Master

Dashinka   24,478

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Filed: Citizen (apr) Country: Russia
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I agree with @Crazy Cat, since this was your issue, it is probably best to get a new submission moving.

 

Good Luck!

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

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Crazy Cat Grand Master

Crazy Cat   41,804

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Filed: Citizen (apr) Country: Taiwan
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31 minutes ago, ImNotGoodatMath said:

to refile a new I-485 if that is allowed?

Yes... and it's a lot less expensive than $4K.

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Crazy Cat Grand Master

Crazy Cat   41,804

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Filed: Citizen (apr) Country: Taiwan
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12 minutes ago, ImNotGoodatMath said:

I trust you because you were smart enough to join the Air Force... I was an Army grunt.

Nothing wrong with joining the Army.  Good luck in your immigration journey.

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Marieke H Proficient

Marieke H   2,496

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Filed: Lift. Cond. (apr) Country: Netherlands
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What are the exact words on the denial notice? If you already submitted your marriage certificate in your initial application and it was not requested in the RFE (the RFE seemed to be about taxes?), the reason for denial may not be the missing marriage certificate but lack of relationship evidence.

 

When you resubmit, make sure to include your marriage certificate AND relationship and financial comingling evidence.

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ImNotGoodatMath Rookie

ImNotGoodatMath   15

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Filed: K-1 Visa Timeline
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On 11/29/2022 at 1:57 PM, Marieke H said:

What are the exact words on the denial notice? If you already submitted your marriage certificate in your initial application and it was not requested in the RFE

They sent our entire packet back to us... they didn't keep anything.  After doing a little more research I found that USCIS only accepts original or certified copies of marriage certificates... I know we used a photocopy in the first packet and I don't remember forgetting the marriage certificate in the RFE so that could of been our issue.  The denial letter stated we failed to provide a marriage certificate.

Does anyone know if we need to include the denial notice in our new I-485 packet we are submitting?  Thanks in advance

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