485 denied

[Victoriya kouzmin 0]

My 485 was denied today.. I married father of my child that’s a usc few months before filing, I’ve been in USA almost 2 years total, a year spent waiting on the decision, I had no money for a lawyer so filed myself, reason for denial was saying they need a co sponsor even though my husband made over 35k every year last 3 years. Also was my fault for assuming medical exam was my responsibility and not wait for a summons like with biometric . Question is everyone saying to refile and not appeal but at this point I’m a year past expired visa, will this be a problem and I’m guessing I can’t go to Canada to visit my family and return cause they’ll deny me

[Boiler 45,733]

Did you submit a MEdical

 

Seems the I 864 may have been incorrectly submitted. How many in the Household?

 

How did you enter?

[Crazy Cat 41,984]

36 minutes ago, Victoriya kouzmin said:

My 485 was denied today.. I married father of my child that’s a usc few months before filing, I’ve been in USA almost 2 years total, a year spent waiting on the decision, I had no money for a lawyer so filed myself, reason for denial was saying they need a co sponsor even though my husband made over 35k every year last 3 years. Also was my fault for assuming medical exam was my responsibility and not wait for a summons like with biometric . Question is everyone saying to refile and not appeal but at this point I’m a year past expired visa, will this be a problem and I’m guessing I can’t go to Canada to visit my family and return cause they’ll deny me

I see nothing to appeal.  I assume you received an RFE for these items? 

[Victoriya kouzmin 0]

2 hours ago, Crazy Cat said:

I see nothing to appeal.  I assume you received an RFE for these items? 

Yes the rfe was his tax returns and he made over 35k every year last 3 years even though he switched jobs 3 times it was always with no more than a month between them so I don’t know why they need a co sponsor , wish they just rfe that they decided I need one instead of denying smh

[Victoriya kouzmin 0]

3 hours ago, Boiler said:

Did you submit a MEdical

 

Seems the I 864 may have been incorrectly submitted. How many in the Household?

 

How did you enter?

Medical was my fault cause I assumed it was a summons like it was with biometric so I’ll definitely get it done next week and include with next re file, I included my I-94 legal entry by plane, we usually came every year to visit with our son and left after 2 months but this time he proposed and we married and I stayed and we’ve been here all living together since and I showed them the marriage certificate and my name on the rent and his insurance etc. our household is 3 total and he’s always made over 35k a year even switching jobs he was only out of work a few weeks tops

[mam521 2,111]

Minimum is $37,290 for a household of 3 people.  If the interviewing officer feels that the income is too close to the threshold or that there is the potential for you to become dependent on federal programs, they have every right to ask for a joint sponsor.  It would be in your best interest to have one lined up before you refile, in addition to your partner's income tax transcripts.  

 

It also asked for your long form birth certificate which you will have to obtain from Canada.  

 

No, you definitely cannot go to Canada and return to the US.  Your visa overstay will give you a ban.  You can move back to Canada and go through consular processing which will take over a year.  

 

While you're filing paperwork, I'd look at obtaining your little person's certificate of Canadian citizenship, assuming your little was born in the US.  

[powerpuff 6,744]

*** Thread moved from IR1/CR1 visa forum to AOS work/tourist/student visas - this isn’t a consular abroad case but adjustment of status ***