I-485 denied, next steps

[Beunhaas 0]

Hey everyone,

 

I got a notice today stating my I-485 Adjust of Status has been denied, marked November 6th.

It seems, for whatever reason, I completely forgot to include the affidavit of support which we did fill out.

From what I can tell we can't reopen the case because there is no new evidence.

USCIS also didn't make a mistake, so reconsidering is not an option either.

 

We are legally married now, as of september 10th 2022.

What are my next steps?

I am trying to get in contact with a lawyer obviously, I am located in Alabama. I have found 2 immigration lawyers via the USCIS find a legal help page (refers me to: https://www.americanbar.org/groups/legal_services/flh-home/flh-hire-a-lawyer/), had no luck in being able to get in contact with either of them yet.

At the same time, would it be possible for us to restart the process via the I-130 form? Petitioning for an Alien Relative.

 

If anyone has any other tips on finding an immigration lawyer that could help us in our situation, that'd be greatly appreciated.

[Crazy Cat 41,806]

Refile ASAP with a complete I-485 package.  Also refile the I-131 and I-765 packages.   Don't hire an attorney.

Edited November 13, 2023 by Crazy Cat

[Crazy Cat 41,806]

Why do you think you need an attorney?

[Beunhaas 0]

4 minutes ago, Crazy Cat said:

Refile ASAP with a complete I-485 package.  Also refile the I-131 and I-765 packages. 

Did you mean I-131, or I-130? 

 

The I-131 is a travel document, correct?

 

3 minutes ago, Crazy Cat said:

Why do you think you need an attorney?

As I am not sure what my next steps are exactly.

If I indeed can refile I-485 (within the 33 days of the date stated on the denial notice), then this shouldn't be too difficult, and I'll be able to fix it.

 

Appreciate the quick replies!

[Crazy Cat 41,806]

10 minutes ago, Beunhaas said:

Did you mean I-131, or I-130? 

 

The I-131 is a travel document, correct?

 

As I am not sure what my next steps are exactly.

If I indeed can refile I-485 (within the 33 days of the date stated on the denial notice), then this shouldn't be too difficult, and I'll be able to fix it.

 

Appreciate the quick replies!

I-131, the advance parole document.

Everything you filed in conjunction with the denied I-485 is now voided.  That includes the advance parole application and the EAD application.   You can refile.  Once you submit a new, proper I-485, then you will be granted "authorized stay" until the new I-485 has been either approved or denied.  You should do it asap.

As I said, you should file a new I-485 package, a new I-131 package, and a new I-765 package...all with completely new supporting evidence.

Edited November 13, 2023 by Crazy Cat

[Crazy Cat 41,806]

Make sure you include a copy of either the I-130 approval or I-130 receipt notice.

[Beunhaas 0]

16 minutes ago, Crazy Cat said:

I-131, the advance parole document.

Everything you filed in conjunction with the denied I-485 is now voided.  That includes the advance parole application and the EAD application.   You can refile.  Once you submit a new, proper I-485, then you will be granted "authorized stay" until the new I-485 has been either approved or denied.  You should do it asap.

As I said, you should file a new I-485 package, a new I-131 package, and a new I-765 package...all with completely new supporting evidence.

 

15 minutes ago, Crazy Cat said:

Make sure you include a copy of either the I-130 approval or I-130 receipt notice.

 

 

Will do!

Thanks!

[Chancy 6,241]

On 11/13/2023 at 3:08 PM, Beunhaas said:

At the same time, would it be possible for us to restart the process via the I-130 form? Petitioning for an Alien Relative.

 

Did you enter the US on K1 visa?  If yes, did you marry within 90 days of US entry?  If yes, no need to file I-130.  You may file a new I-485, still on the basis of the approved I-129F.  Even if your 90 days on K1 has long since passed and even if your previous I-485 was denied due to missing supporting documents, still no need for I-130.  Just make sure to put the I-129F receipt number on the I-485 section for underlying petition, and include a copy of the I-129F approval notice in your new I-485 package.  Also, include as many documentary evidence of bona fide marriage as you can with your I-485.

 

[Beunhaas 0]

21 minutes ago, Chancy said:

 

Did you enter the US on K1 visa?  If yes, did you marry within 90 days of US entry?  If yes, no need to file I-130.  You may file a new I-485, still on the basis of the approved I-129F.  Even if your 90 days on K1 has long since passed and even if your previous I-485 was denied due to missing supporting documents, still no need for I-130.  Just make sure to put the I-129F receipt number on the I-485 section for underlying petition, and include a copy of the I-129F approval notice in your new I-485 package.  Also, include as many documentary evidence of bona fide marriage as you can with your I-485.

 

Yes, and yes.

 

I am including *a copy of* my original 129f Notice of Approval and will also be including *a copy of* the receipt of my original I-485. My thinking being that that can be used to provide proof for Evidence of Continuously Maintaining a Lawful Status Since Arrival in the United States. (What Evidence Must You Submit with Form I-485 7. A).

Might not be necessary, figured it can't hurt.

 

Got my medical scheduled for Tuesday, with a USCIS Civil Surgeon.

Once I have that I should be set to send my packet in.

Edited November 17, 2023 by Beunhaas

[Chancy 6,241]

5 minutes ago, Beunhaas said:

Yes, and yes.

 

Great.  No need for I-130 then.

 

10 minutes ago, Beunhaas said:

I am including my original 129f Notice of Approval and will also be including the receipt of my original I-485. My thinking being that that can be used to provide proof for Evidence of Continuously Maintaining a Lawful Status Since Arrival in the United States.

 

Remember to send photocopies of the notices, not the originals.  Also, for I-485 from K1, the I-94 record showing K1 admission is required (get a screenshot of the I-94 page online).  The previous I-485 receipt is not evidence of K1 admission, so would not be enough to meet that requirement.

 

[Beunhaas 0]

Just now, Chancy said:

 

Great.  No need for I-130 then.

 

 

Remember to send photocopies of the notices, not the originals.  Also, for I-485 from K1, the I-94 record showing K1 admission is required (get a screenshot of the I-94 page online).  The previous I-485 receipt is not evidence of K1 admission, so would not be enough to meet that requirement.

 

Yep, you're right. I misworded that originally. I meant photocopies of the originals.
Included are the I-94, photocopy of my passport, photocopy of the K-1 visa in my passport, and a photocopy of the admission stamp when I was admitted on the K-1 visa.

 

The photocopy of the previous I-485 receipt is, in my mind, more to help with determining whether I have maintained a lawful status since arrival.

 

I appreciate the help, thank you! 

[Chancy 6,241]

3 minutes ago, Beunhaas said:

The photocopy of the previous I-485 receipt is, in my mind, more to help with determining whether I have maintained a lawful status since arrival.

 

Actually, you've been out of status since day 91 of your US entry on K1.  Filing I-485 doesn't grant you "lawful status", it only grants you "authorized stay".  So while including a copy of your previous I-485 receipt won't hurt your case, it's not proof of lawful status either.

 

Anyway, your current status is really more of a CBP issue, rather than a USCIS requirement.  As a spouse of a USC, you may still file I-485 even if you've been out of status for many years.  The I-485 requirement for continuously maintaining lawful status is for applicants who are not immediate relatives of a USC.

 

Unlike USCIS, CBP does care about your status.  So until you get your new I-485 receipt notice, make sure to carry a copy of your previous I-485 receipt whenever you leave home.

 

[Beunhaas 0]

4 minutes ago, Chancy said:

 

Actually, you've been out of status since day 91 of your US entry on K1.  Filing I-485 doesn't grant you "lawful status", it only grants you "authorized stay".  So while including a copy of your previous I-485 receipt won't hurt your case, it's not proof of lawful status either.

 

Anyway, your current status is really more of a CBP issue, rather than a USCIS requirement.  As a spouse of a USC, you may still file I-485 even if you've been out of status for many years.  The I-485 requirement for continuously maintaining lawful status is for applicants who are not immediate relatives of a USC.

 

Unlike USCIS, CBP does care about your status.  So until you get your new I-485 receipt notice, make sure to carry a copy of your previous I-485 receipt whenever you leave home.

 

Oh really, that's interesting.

Will do.

[Suresh Singh 6]

What was the reason for denial? Do they not issue RFE if something was missing.

[appleblossom 2,437]

7 minutes ago, Suresh Singh said:

What was the reason for denial? Do they not issue RFE if something was missing.

 

See the first post - AoS wasn't included in the application package.