Moms I-485 got denied. What is a best course of action now? (merged threads)

[KP & SP 9]

6 minutes ago, Timona said:

Refile afresh. Everything 

Yep, that is what I am planning to do and preparing the docs.

[Ryan H 3,819]

~~~Post merged with existing thread~~~

 

4 hours ago, KP & SP said:

Dear Friends,

 

Little background

 

 

I-130 filling date: October 18, 2022

I-485 filing date: Jul 12, 2023

I-94 authorized to stay date: 11/05/2022

She has a B2 visa and was inspected. Mom is still here in the US.

 

 

I am a US Citizen and filed I-130 which is still pending.

My mom's I-485 was denied because in the medical report, the civil surgeon forgot to include his contact information, certification and signature were not complete.

So, I am refiling I-485 but ran into some confusions.

 

Based on I-94 date and I-485 filing date, looks like mom overstayed for about 8 months. So here are my confusions.

 

 

Question 14 - Page 10. Have you EVER been denied admission to the United States - since her I-485 is denied should I say YES?

Question 78.a., 78.b., 79.a., 79.b. - Should they be Yes or No? I believe the answers for all these should be No but wanted an expert advise.

These are the questions.

Since April 1, 1997, have you been unlawfully present in the United States:

78.a. For more than 180 days but less than a year, and then departed the United States? (Yes/No)

78.b. For one year or more and then departed the United States? (Yes/No)

79.a. Having been unlawfully present in the United States for more than one year in the aggregate? (Yes/No)

79.b. Having been deported, excluded, or removed from the United States? (Yes/No)

 

Thank you so much.

 

 

 

[Ryan H 3,819]

Moved from Brining Family Members of US Citizens to America forum to Adjustment of Status from Work, Student, & Tourist Visas forum.

[KP & SP 9]

On 9/27/2024 at 7:48 AM, Boiler said:

I am going to assume you filled in the I 130 incorrectly.

 

When did she enter the US and how?

What makes you think I filled in I-130 incorrectly. She entered the US with a valid visa on 05/2022.

[Boiler 45,806]

What else?

[KP & SP 9]

On 9/28/2024 at 11:24 PM, Boiler said:

What else?

Please enlighten me, how is pending I-130 related to denied I-485?

[KP & SP 9]

I am filing I-864 for my mother and apparently my spouse also need to sign I-864A with I can do no problem.

I am also thinking about including my brother's income just to sure and have him fill out I-864A, does his wife also need to file I-864A since they are both on their taxes?

[SalishSea 17,993]

On 9/30/2024 at 12:58 PM, KP & SP said:

I am filing I-864 for my mother and apparently my spouse also need to sign I-864A with I can do no problem.

I am also thinking about including my brother's income just to sure and have him fill out I-864A, does his wife also need to file I-864A since they are both on their taxes?

Your brother lives with you and contributes to your household income?