Refile form I-485 on k1 visa

[Family 3,988]

6 minutes ago, LiLi404 said:

The attorney was kinda skeptical about  motion to re open and Motion to Reconsider i mean the waiting time is longer and have to pay the fees and its like making uscis admitting a mistake and at the end will deny us, even with other attorneys are recommending refile because there is a lot a chance to got approved then to re open and Motion to Reconsider

In all reality you can DIY an I-290 B and get a pretty fast response..new qualifying evidence does not come with a burden of begging for discretion nor does it mean it will only work if USCS made an error ( a legend of the web) .
 

The decision is yours , hopefully you avail yourself of the remedy…just don’t give in to super worries..you will be fine

..

 

[nekotakacho 60]

I’m confused, why wouldn’t that be an RFE instead of denial? You can have a few RFEs before it gets denied. Something isn’t right here…

 

also, how did your attorney miss that? I never used an attorney. This is why.

Edited June 5, 2023 by nekotakacho

[Mike E 11,739]

13 minutes ago, LiLi404 said:

the attorney specifically about that and she said that not necessarily have to refile in 33 days

Poor advice.
 

After 33 days, the alien accrues unauthorized presence.

 

Biden has chosen to not enforce the law, but Biden’s term might finish in less than 2 years.

 

In addition, nothing stops ICE from detaining an illegally present alien.

 

Finally, with enough unauthorized presence there can be a ban. If the alien has to leave the U.S. for say a family emergency, the ban will be enforced by the embassy if a visa is pursued and allegedly can enforced by CBP even if the alien has an Advance Parole document. 

 

If the petitioner has the required I-864 documents and income there is no good reason to not file by the deadline.

 

I would not wait for I-693 to file. 

[Mike E 11,739]

8 minutes ago, nekotakacho said:

I’m confused, why wouldn’t that be an RFE instead of denial? You can have a few RFEs before it gets denied. Something isn’t right here…

 

also, how did your attorney miss that? I never used an attorney. This is why.

There was an RFE, and OP did not fully comply. I have only seen one case where USCIS issued a second RFE for I-864 after the applicant made an omission in the response. 

Edited June 5, 2023 by Mike E

[nekotakacho 60]

4 minutes ago, Mike E said:

There was an RFE, and OP did not fully comply. I have only seen one case where USCIS issued a second RFE for I-864 after the applicant make an omission in the response. 

Thanks, I didn’t catch that. That lawyer should refund OP their money. I’d be furious.

 

$6000 is way too much to pay for something you can file on your own. When we got an RFE it was because I sent my birth certificate which wasn’t official enough. I sent in a better one and RFE was fixed in a week.

Edited June 5, 2023 by nekotakacho