I-485 Denied, What Options Do We Have - Denial Letter Provided

[Mychal 42]

19 minutes ago, W199 said:

Usually the earliest the tax season opens for filing is January 29. But you filed your I-485 before then.  So how did you file joint taxes so early?  Also, most people, can't file until at least March until they get all their w-2's, 1099's from the banks and brokerages.  

 

Therefore, how is it possible that you filed 2023 taxes, prior to filing the I-485 in Jan 2024?

I received my 2023 tax year W-2 around January 11. Contacted the controller at the company I work for and she provided me my 1040 not long after. Guess my company is just on top of getting everyone their tax documents.

[nastra30 2,284]

3 minutes ago, Mychal said:

 

Do you mean the I-129F receipt?

Right I-129F. I-295F was a typo; haha I was half-asleep. Follow advice from @family and others above. Good luck.

[Mychal 42]

12 minutes ago, OldUser said:

This is better than nothing. Showing she has access to bank account is at least something. Do you pay bills, rent out of this account? Does she work now and does she contribute anything to the joint account?

Yes, every bill and all financial transactions are paid out of our joint account. I did fail to mention before that she did open an account with a local credit union a few months back just to have something else with her name on it that shows our address. Once she started working she gave her employer the credit union account for direct deposit. Every paycheck she wires a few hundred dollars to our joint savings account, and has paid our gas utility bill once out of her credit union account. So I suppose I should say "every bill and financial transaction are paid out of our joint account [except that one]."

Now that I type that out it sounds convoluted and strange, but the reasoning behind it we wanted to have something else with her name and our address on it, and for her to just have a small side account where she can keep some of her own money by itself for whatever she wants.

Edited October 12 by Mychal
Added information

[OldUser 6,633]

45 minutes ago, Mychal said:

Yes, every bill and all financial transactions are paid out of our joint account. I did fail to mention before that she did open an account with a local credit union a few months back just to have something else with her name on it that shows our address. Once she started working she gave her employer the credit union account for direct deposit. Every paycheck she wires a few hundred dollars to our joint savings account, and has paid our gas utility bill once out of her credit union account. So I suppose I should say "every bill and financial transaction are paid out of our joint account [except that one]."

Now that I type that out it sounds convoluted and strange, but the reasoning behind it we wanted to have something else with her name and our address on it, and for her to just have a small side account where she can keep some of her own money by itself for whatever she wants.

There's nothing wrong with some finances being set aside. Maybe moving forward she could just transfer amounts to cover the had bill to joint account and pay from it.

 

Me and my spouse pay bills, mortgage and taxes from joint account. We pay for large purchase from joint account. We receive tax refunds into joint account. However, we have our own accounts too to pay for credit cards and small purchases. It's a normal arrangement. Especially considering joint finances make up about 70% of all transactions in our case.

 

Of course if you keep finances separately and only pay water bill out of joint account, for example, that would not be convincing to USCIS.

 

Comingling helps planning finances as a family

Edited October 12 by OldUser

[OldUser 6,633]

8 minutes ago, OldUser said:

There's nothing wrong with some finances being set aside. Maybe moving forward she could just transfer amounts to cover the had bill to joint account and pay from it.

 

Me and my spouse pay bills, mortgage and taxes from joint account. We pay for large purchase from joint account. We receive tax refunds into joint account. However, we have our own accounts too to pay for credit cards and small purchases. It's a normal arrangement. Especially considering joint finances make up about 70% of all transactions in our case.

 

Of course if you keep finances separately and only pay water bill out of joint account, for example, that would not be convincing to USCIS.

 

Comingling helps planning finances as a family

Don't forget joint savings account to save towards house downpayment, emergency fund, vacation etc. Both of you can contribute as little as $10-100 each month.

[Mychal 42]

I am re-reading and comparing the RFE and Denial letter they sent and I'm finding things that are definitely frustrating.

How would someone know that they need all this information they aren't requesting? Can this be argued in a I-290B form, if we take that route?

 

Per the RFE: Provide "Lease showing the same residence". We provided it.
Per Denial Letter: "This alone is insufficient to demonstrate a bona fide marriage." (Then why ask for it?)

 

Per the RFE: Provide "Documents showing shared finances and obligation (such as joint bank account... gas bills)." We provided both proof of joint bank account and gas bill with our names on it.

Per the Denial Letter: "The bank letters ... and gas bill demonstrates joint accounts but no evidence was provided on how the bill was paid." (They didn't ask for evidence on how a bill is paid, just for proof of the accounts)

 

Per the RFE: Provide "Pictures of wedding and other events." We provided many family photos spanning the whole year with my wife and stepson interacting and posing with my family members.

Per the Denial Letter: "The photos you provided do not have details of when, where, and with whom the photos were taken." (Again, they didn't ask for that information but a reasonable person would know that the photos are with family and friends.)

 

All of this "hidden information" they want just makes me think that anything we send will be insufficient because they'll find a reason to make it insufficient.

[OldUser 6,633]

7 minutes ago, Mychal said:

I am re-reading and comparing the RFE and Denial letter they sent and I'm finding things that are definitely frustrating.

How would someone know that they need all this information they aren't requesting? Can this be argued in a I-290B form, if we take that route?

 

Per the RFE: Provide "Lease showing the same residence". We provided it.
Per Denial Letter: "This alone is insufficient to demonstrate a bona fide marriage." (Then why ask for it?)

 

Per the RFE: Provide "Documents showing shared finances and obligation (such as joint bank account... gas bills)." We provided both proof of joint bank account and gas bill with our names on it.

Per the Denial Letter: "The bank letters ... and gas bill demonstrates joint accounts but no evidence was provided on how the bill was paid." (They didn't ask for evidence on how a bill is paid, just for proof of the accounts)

 

Per the RFE: Provide "Pictures of wedding and other events." We provided many family photos spanning the whole year with my wife and stepson interacting and posing with my family members.

Per the Denial Letter: "The photos you provided do not have details of when, where, and with whom the photos were taken." (Again, they didn't ask for that information but a reasonable person would know that the photos are with family and friends.)

 

All of this "hidden information" they want just makes me think that anything we send will be insufficient because they'll find a reason to make it insufficient.

You need to provide evidence spanning period of time not just one bill or one bank statement. As to pictures, again denial spells out exactly what you're missing - captions. Captions such as date, location, occasion, names of people. Follow instructions precisely. If it doesn't make sense, get a lawyer to help.

Edited October 12 by OldUser

[OldUser 6,633]

9 minutes ago, Mychal said:

 

 

Per the RFE: Provide "Lease showing the same residence". We provided it.
Per Denial Letter: "This alone is insufficient to demonstrate a bona fide marriage." (Then why ask for it?)

 

 

As explained, just living together doesn't show bonafide marriage. Evidence should cover various aspects of shared life. If you only provided evidence of financial comingling, that wouldn't be enough without lease info.

[OldUser 6,633]

10 minutes ago, Mychal said:

"The photos you provided do not have details of when, where, and with whom the photos were taken." (Again, they didn't ask for that information but a reasonable person would know that the photos are with family and friends.)

A stranger who never met you cannot tell who is on photos.

[OldUser 6,633]

It might be hard but instead of frustrating over denial it's time used detailed response from USCIS to build a new strong case or appeal the original decision.

[Mychal 42]

39 minutes ago, OldUser said:

It might be hard but instead of frustrating over denial it's time used detailed response from USCIS to build a new strong case or appeal the original decision.

Yes, I know. 😔 Just needed to get the frustration off my chest, but I understand that we just need to provide even more next time.

 

17 hours ago, OldUser said:

First of all: don't give up.

 

Your wife and stepson do not have to leave the US at this time.

A new, properly filed I-485 with supporting documentation will eventually get them green cards.

 

 

Would you be able to expound a little on the refiling of a I-485? I still am trying to understand how that works after being denied once. There are questions in the I-485 asking for I-94 numbers and expirations dates, which have long since passed since they are only valid for 4 months after arrival. Wouldn't that disqualify the validity of a new I-485? Other questions in Part 8, #14-23 have me concerned after the denied letter as well. An I-290B seems like the more coherent route to take but I'm also reading a lot of problems with that route. We would need to refile a new I-693 medical exam form as well?

 

Something just seems odd about refiling the same application that was just denied and the USCIS being fine with it.

Edited October 12 by Mychal
Some how double posted

[EM_Vandaveer 2,408]

34 minutes ago, Mychal said:

Yes, I know. 😔 Just needed to get the frustration off my chest, but I understand that we just need to provide even more next time.

 

 

Would you be able to expound a little on the refiling of a I-485? I still am trying to understand how that works after being denied once. There are questions in the I-485 asking for I-94 numbers and expirations dates, which have long since passed since they are only valid for 4 months after arrival. Wouldn't that disqualify the validity of a new I-485? Other questions in Part 8, #14-23 have me concerned after the denied letter as well. An I-290B seems like the more coherent route to take but I'm also reading a lot of problems with that route. We would need to refile a new I-693 medical exam form as well?

 

Something just seems odd about refiling the same application that was just denied and the USCIS being fine with it.

USCIS is fine with it if you re-file. There's no deadline on filing an I-485 after K-1/K-2 entry & marriage (although ideally one does it sooner rather than later).

While the 90-day period expired, a spouse of a USC can file for AOS even with an overstay.

[EM_Vandaveer 2,408]

3 hours ago, Mychal said:

Yes, every bill and all financial transactions are paid out of our joint account. I did fail to mention before that she did open an account with a local credit union a few months back just to have something else with her name on it that shows our address. Once she started working she gave her employer the credit union account for direct deposit. Every paycheck she wires a few hundred dollars to our joint savings account, and has paid our gas utility bill once out of her credit union account. So I suppose I should say "every bill and financial transaction are paid out of our joint account [except that one]."

Now that I type that out it sounds convoluted and strange, but the reasoning behind it we wanted to have something else with her name and our address on it, and for her to just have a small side account where she can keep some of her own money by itself for whatever she wants.

There's nothing unusual about this set up, in fact, it's good evidence that she contributes to a joint account which is then used to pay bills! Prove this with documents. Prove it happens every month!

[Family 3,988]

1 hour ago, Mychal said:

All of this "hidden information"

It’s not hidden …try channeling that frustration ( and blaming ) into a focused / detail oriented presentation. 
 

You get lots of kudos for DIY …saving your family big $$ in legal fees. 

 

30 minutes ago, Mychal said:

We would need to refile a new I-693 medical exam form as well?

If you use the search feature and type in I-290 B you will see many threads and  recent successes for I-485.

 

Do not compare it to I-751 motions, different kettle of fish …where I-290 B is more a tactical delay strategy.

 

In your case, w I-290 B you will not need new medicals and all underlying apps ( like I-765,I-131 will be revived )

 

 

 

 

 

 

[OldUser 6,633]

10 minutes ago, EM_Vandaveer said:

USCIS is fine with it if you re-file. There's no deadline on filing an I-485 after K-1/K-2 entry & marriage (although ideally one does it sooner rather than later).

While the 90-day period expired, a spouse of a USC can file for AOS even with an overstay.

Yes, both I-290B and new I-485 are valid options.

 

Question for @Family: does I-290B receipt have same effect for proving authorized stay as I-485? Some lawyers advice on filing I-485 instead of appealing with I-290B for few reasons:

1) Clean new case instead of more complicated existing one.

2) No chance of USCIS of blaming immigrant and saying they rightfully denied it because not enough evidence was provided. Lawyers typically recommend I-290B if it was USCIS mistake for denying the case.

3) Just general laziness of USCIS to reopen existing denied case. They already decided on it and want to move forward to new cases.

 

 

However I've seen @Family guiding few people successfully through I-290B route.

 

So OP can decide which route they prefer.

Edited October 12 by OldUser