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N400seeker

Incorrect USCIS i485 denial

By N400seeker in Adjustment of Status from Work, Student, & Tourist Visas

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N400seeker Newbie

N400seeker   0

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I am a US Citizen and filed GC for my wife. We got RFE for medicals which which we timely responded to.  USCIS claims they never got the medicals and rejected the i485. (We have fedex proof of delivery)

 

We have now refiled the i485 with medicals included.

 

The i485 denial notice said to leave within 33 days or removal proceedings will begin.

 

Does our refliling of i485 stop any removal proceedings or should we also file i290b?

 

I know I290B will cost more but our first priority right now is to not get placed into removal (as obviously that will vastly over complicate things)

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Crazy Cat Grand Master

Crazy Cat   41,845

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Filed: Citizen (apr) Country: Taiwan
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The Refiling of a proper I-485 will provide authorized stay until approval or denial of the new case....No need for an I-290B if you have already filed a new I-485.

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.

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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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SalishSea Grand Master

SalishSea   17,828

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Filed: Lift. Cond. (apr) Country: New Zealand
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Was it not an option to appeal their decision, since it was due to USCIS error?

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