Will form I-290B help in my case?

[SandyR 142]

I am in need of some advice.  I brought my husband (then fiancé) here on I-129f and we were married.  We then filed the AOS packet.  Well, I got a little crazy and freaked out and sent a letter to the local office saying  I wanted to withdraw sponsorship.  I immediately regretted it and sent another letter saying I was just scared of the process and was not in a good state, etc. etc.  and that I definitely wanted to continue with my sponsorship.  Well, a week later we got a denial of our 485 because sponsor withdrew.  The back said we can file I-290B within 30 days.  I consulted one of the resources that you can pay for on this site and the lawyer said that it was probably a waste of time to file the 290 and just to refile the whole thing from scratch.  Now the 290 has a $675 fee and the 485 has a $1225 fee.  I guess it doesn't matter in the end.  But also wondered about a partial refund on my first 485.  I've read people getting that but not sure if that is a real thing.

ALSO, to make matters more confusing (for me), we called USCIS and the woman told me that if we didn't file an I-130 after we got married, the 485 would be denied.  I don't think we need to file an I-130 if we filed I-129f and got married within 90 days.  

Anyway, we were married in August if that means anything.  Any help or suggestions would be appreciated.  I'm just not sure what to do.  Thank you.

[OldUser 6,602]

18 minutes ago, SandyR said:

But also wondered about a partial refund on my first 485.  I've read people getting that but not sure if that is a real thing.

Where did you read it, could you provide links? USCIS is not known for providing refunds of any sorts. I don't think it's possible to get any refunds from them.

[Crazy Cat 41,806]

34 minutes ago, SandyR said:

I am in need of some advice.  I brought my husband (then fiancé) here on I-129f and we were married.  We then filed the AOS packet.  Well, I got a little crazy and freaked out and sent a letter to the local office saying  I wanted to withdraw sponsorship.  I immediately regretted it and sent another letter saying I was just scared of the process and was not in a good state, etc. etc.  and that I definitely wanted to continue with my sponsorship.  Well, a week later we got a denial of our 485 because sponsor withdrew.  The back said we can file I-290B within 30 days.  I consulted one of the resources that you can pay for on this site and the lawyer said that it was probably a waste of time to file the 290 and just to refile the whole thing from scratch.  Now the 290 has a $675 fee and the 485 has a $1225 fee.  I guess it doesn't matter in the end.  But also wondered about a partial refund on my first 485.  I've read people getting that but not sure if that is a real thing.

ALSO, to make matters more confusing (for me), we called USCIS and the woman told me that if we didn't file an I-130 after we got married, the 485 would be denied.  I don't think we need to file an I-130 if we filed I-129f and got married within 90 days.  

Anyway, we were married in August if that means anything.  Any help or suggestions would be appreciated.  I'm just not sure what to do.  Thank you.

The USCIS rep is wrong.  I would immediately file a new I-485 package along with a new I-131 and I-765.  There are no re-funds.  Why would there be? 

 

BTW, an I-130 is needed only if you failed to marry within 90 days.

Edited December 2, 2022 by Crazy Cat

[SandyR 142]

1 hour ago, Crazy Cat said:

The USCIS rep is wrong.  I would immediately file a new I-485 package along with a new I-131 and I-765.  There are no re-funds.  Why would there be? 

 

BTW, an I-130 is needed only if you failed to marry within 90 days.

Hey - thank you.  We did marry within 90 days so no I-130.  You wouldn't bother with the 290b then?  go straight to refile of the whole package and pay the $1225 again?

I was amazed at how quickly they denied the 485 after receiving my letter when we wait forever for any other type of response!  kind of funny in a sick sort of way!

[SandyR 142]

1 hour ago, OldUser said:

Where did you read it, could you provide links? USCIS is not known for providing refunds of any sorts. I don't think it's possible to get any refunds from them.

Yes, I agree.  I just read it on some blog - don't remember where.  

[Timona 4,207]

USCIS never issues refunds. I have never came across any. 

[nastra30 2,284]

2 hours ago, SandyR said:

I immediately regretted it and sent another letter saying I was just scared of the process and was not in a good state, etc. etc.  and that I definitely wanted to continue with my sponsorship

You can't unwithdraw a withdrawal; the damage is already done. Refile and pay for everything again.

Edited December 3, 2022 by nastra30

[Chancy 6,241]

2 hours ago, SandyR said:

Well, I got a little crazy and freaked out and sent a letter to the local office saying  I wanted to withdraw sponsorship.  I immediately regretted it and sent another letter saying I was just scared of the process and was not in a good state, etc. etc.  and that I definitely wanted to continue with my sponsorship.

 

The I-485 denial was easy for USCIS in this case because a withdrawal request cannot be retracted, regardless of the sender's reasons and degree of regret.  As such, filing I-290B would be pointless.  I hope you only withdrew the I-864 and not the I-129F?  If so, just file a new I-485 package (with new fees).

 

[Adventine 3,196]

Depending on what you said in the withdrawal letter, be prepared to face difficult questions during the AOS interview. Example, if you said "I don't want to financially support someone completely for an unknown period of time", the officer can begin to doubt if you have a legitimate marriage (since spouses are expected to support each other financially and the US citizen spouse is expected to understand and accept their sponsorship obligations before signing all those forms). 

[SandyR 142]

Thank you all so much!  I did not withdraw the 129f.  And I did not give a reason.  I know we will be heavily scrutinized during the interview but that is ok.  We will get through it.  

I will refile the AOS this week.  I am curious why when we called USCIS they don't show it being denied and had no idea what had happened. 

We will get through this.  Just a bit more of a wait and more money.  oh well.

Thank you all for your help and advice.  There is so much conflicting info out there (even from experts).   

And my advice - don't get caught up with what people are telling you - it gets into your head and you do stupid things.  ugh.

have a great day all!  

[Family 3,988]

2 hours ago, SandyR said:

Thank you all so much!  I did not withdraw the 129f.  And I did not give a reason.  I know we will be heavily scrutinized during the interview but that is ok.  We will get through it.  

I will refile the AOS this week.  I am curious why when we called USCIS they don't show it being denied and had no idea what had happened. 

We will get through this.  Just a bit more of a wait and more money.  oh well.

Thank you all for your help and advice.  There is so much conflicting info out there (even from experts).   

And my advice - don't get caught up with what people are telling you - it gets into your head and you do stupid things.  ugh.

I strongly recommend you now add an I-130 to the new I-485 packet. Withdrawal at any stage renders the petition itself void…and though your packet without the I-130 may get past the mailroom, it will ultimately be denied without the new I-130. 

 

[SandyR 142]

3 hours ago, Family said:

I strongly recommend you now add an I-130 to the new I-485 packet. Withdrawal at any stage renders the petition itself void…and though your packet without the I-130 may get past the mailroom, it will ultimately be denied without the new I-130. 

 

Really?  so I have to pay the I-130 fee and the AOS fee of $1285?

[OldUser 6,602]

15 minutes ago, SandyR said:

Really?  so I have to pay the I-130 fee and the AOS fee of $1285?

I believe the whole amount for I-130 and I-485 (plus I-131, I-765 etc) is $1225.

 

Nothing else.

 

Based on https://www.uscis.gov/feecalculator

 

 

[Family 3,988]

13 minutes ago, OldUser said:

I believe the whole amount for I-130 and I-485 (plus I-131, I-765 etc) is $1225.

 

Nothing else.

Total s1,760 

Make out two checks or money orders as follows $1,225 for I-485 $535 for I-130

The filing fee for I-765 and I-131 is waived if included now

[Family 3,988]

34 minutes ago, SandyR said:

Really?  so I have to pay the I-130 fee and the AOS fee of $1285?

Pay the fee and spend a moment putting together a strong showing of joint life 

Don’t forget to complete the I-130 A