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

[OldUser 6,716]

3 minutes ago, Family said:

 

 

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 )

 

 

 

 

 

 

But medical has expiration? 

[Family 4,004]

1 minute ago, OldUser said:

But medical has expiration? 

If he had a deficiency in medical, would have been included in RFE . 

[OldUser 6,716]

Just now, Family said:

If he had a deficiency in medical, would have been included in RFE . 

But is the medical still valid as of today, that's the question to OP? Plus I've seen people receiving multiple RFEs because the addressed issue A but not issue B that was never flagged in first RFE. I would tackle primary issues but would also look for other potential ones too.

 

[Family 4,004]

6 minutes ago, OldUser said:

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.

You know I adore you @OldUser and I know your affection for Hacking 😂…but there is nothing to “clean up”, unless a new basis . ..remember Jim is a little set in his “ ways”, refuses to amend an I-751…fought like hell to avoid online filing , among other things.
 

But it’s the norm for attorneys to give varied responses …most applicants that hire counsel do not delve into detailed research of process …

[Family 4,004]

14 minutes ago, OldUser said:

But is the medical still valid as of today, that's the question to OP? Plus I've seen people receiving multiple RFEs because the addressed issue A but not issue B that was never flagged in first RFE. I would tackle primary issues but would also look for other potential ones too.

 

 An I-290 B does NOT require a new medical and there is no identified deficiency. When they press the approved button , ( futile to future trip😂) they check and address if needed. My guesstimate for I-290 B approval is 60 days or less.
 

[Family 4,004]

31 minutes ago, OldUser said:

Question for @Family: does I-290B receipt have same effect for proving authorized stay as I-485?

YES it does,  immediately extend authorized stay

[OldUser 6,716]

49 minutes ago, Family said:

 An I-290 B does NOT require a new medical and there is no identified deficiency. When they press the approved button , ( futile to future trip😂) they check and address if needed. My guesstimate for I-290 B approval is 60 days or less.
 

Here's fresh datapoint of I-290B taking over 80 days without resolution - 

 

I wouldn't build OP's expectations too high as like with many things with USCIS, YMMV.

Edited October 12 by OldUser

[Family 4,004]

26 minutes ago, OldUser said:

Here's fresh datapoint of I-290B taking over 80 days without resolution - 

 

I wouldn't build OP's expectations too high as like with many things with USCIS, YMMV.

I hear you, and Field Offices have their own speed. ..but all of the ones I engaged in ( on VJ) for past 2 years have been reviewed and approved by FO Director ( thus fast) not certified ( stood ground on denial) and sent to AAO ( a bit longer there). 
 

 

 

 

Edited October 12 by Family

[OldUser 6,716]

1 hour ago, Family said:

 An I-290 B does NOT require a new medical and there is no identified deficiency. When they press the approved button , ( futile to future trip😂) they check and address if needed. My guesstimate for I-290 B approval is 60 days or less.
 

Just found the new I-693 no longer expire.

That's great news!

 

https://www.uscis.gov/newsroom/alerts/uscis-announces-new-guidance-on-form-i-693-validity-period

 

Kudos to @appleblossom

 

 

 

Edited October 12 by OldUser

[Family 4,004]

4 minutes ago, OldUser said:

Just found the new I-693 no longer expire.

That's great news!

 

https://www.uscis.gov/newsroom/alerts/uscis-announces-new-guidance-on-form-i-693-validity-period

 

Kudos to @appleblossom

 

https://www.visajourney.com/forums/topic/825012-aos-medical-vaccines-sos-help/?do=findComment&comment=11015040

Nice research…but OPs wife was a K-1 so let’s just go with Don’t Worry about it w I-290 B …but it’s as good as expired /dead if new I-485 😂.

[OldUser 6,716]

7 minutes ago, Family said:

Nice research…but OPs wife was a K-1 so let’s just go with Don’t Worry about it w I-290 B …but it’s as good as expired /dead if new I-485 😂.

Correct me if I'm wrong, entire case is reviewed including I-693 (or DS-3025) etc when filing I-290B. It's not like something is gonna be skipped. Hence my research on I-693 validity. 

Edited October 12 by OldUser

[Family 4,004]

Just now, OldUser said:

Correct me if I'm wrong, entire case is reviewed including I-693 etc when filing I-290B. It's not like something is gonna be skipped. Hence my research on I-693 validity. 

Consider yourself corrected 😂. ..only the denial  and new evidence can be addressed decided on. If other housekeeping issues pop up they deal with after I-290 B AND they must give proper written notice plus time to overcome….

[Mychal 46]

43 minutes ago, OldUser said:

Here's fresh datapoint of I-290B taking over 80 days without resolution - 

I wouldn't build OP's expectations too high as like with many things with USCIS, YMMV.

I know better than to overbuild my expectations, haha. But we would prefer to wait 80 weeks if it meant my wife was not at risk of deportation during that processing time.

And that news on the I-693 not expiring is great to know. I was about to start researching into that when I saw your post. We got ours done not a couple months after that went into effect, so thats very fortunate for us!

 

1 hour ago, Family said:

You know I adore you @OldUser and I know your affection for Hacking 😂…but there is nothing to “clean up”, unless a new basis . ..remember Jim is a little set in his “ ways”, refuses to amend an I-751…fought like hell to avoid online filing , among other things.

You referring to Hacking Immigration Law? Haha, I watched a couple of his videos and what said about the I-290B in a couple videos contributed to my concern about filing it. But I did see a lot of people in his comments sections expressing how they got their denials reversed using it anyway.

 

I think my only question/concern left with the I-290B is how to present the evidence and reasons for the request a motion to reopen and reconsider? Motion to reopen looks pretty straight forward, but from what I've read, to reconsider involves proving the USCIS used an incorrect application of law. All I know is that when I researched what evidence to provide during our RFE filing I read posts where people claimed they were approved by ONLY providing a joint bank account summary and wedding photos, or ONLY providing utility bills with a lease proving cohabitation. But that just sounds like a "he said-she said" scenario and not hard evidence of anything. After all, I can't just pull those people's cases to see if they were telling the truth or not.

 

@Family Can I pick your brain a little more for what your thoughts are regarding this?

[OldUser 6,716]

55 minutes ago, Family said:

Consider yourself corrected 😂. ..only the denial  and new evidence can be addressed decided on. If other housekeeping issues pop up they deal with after I-290 B AND they must give proper written notice plus time to overcome….

Yes, can't beat you when it comes to detail on I-290B 😃

 

In my prior comment I didn't separate I-290B and review of I-485 since I-290B without decision on I-485 is not that useful.

 

Sometimes the case is just so messy like a house after hurricane that requires rebuild (I-485) instead of fixing (I-290B). In OP's cases I-290B can work as well as I-485.

 

I'd say motion to reopen is the right one. USCIS did everything right. Perhaps @Family can elaborate. 

 

 

Edited October 13 by OldUser

[Family 4,004]

47 minutes ago, Mychal said:

I know better than to overbuild my expectations, haha. But we would prefer to wait 80 weeks if it meant my wife was not at risk of deportation during that processing time.

And that news on the I-693 not expiring is great to know. I was about to start researching into that when I saw your post. We got ours done not a couple months after that went into effect, so thats very fortunate for us!

 

You referring to Hacking Immigration Law? Haha, I watched a couple of his videos and what said about the I-290B in a couple videos contributed to my concern about filing it. But I did see a lot of people in his comments sections expressing how they got their denials reversed using it anyway.

 

I think my only question/concern left with the I-290B is how to present the evidence and reasons for the request a motion to reopen and reconsider? Motion to reopen looks pretty straight forward, but from what I've read, to reconsider involves proving the USCIS used an incorrect application of law. All I know is that when I researched what evidence to provide during our RFE filing I read posts where people claimed they were approved by ONLY providing a joint bank account summary and wedding photos, or ONLY providing utility bills with a lease proving cohabitation. But that just sounds like a "he said-she said" scenario and not hard evidence of anything. After all, I can't just pull those people's cases to see if they were telling the truth or not.

 

@Family Can I pick your brain a little more for what your thoughts are regarding this?

If you use the VJ search button and look for I-290 B and or related words, you will come across the ones I have participated in. One not too long ago, drafted a template  I walked her through. 

But you need not worry about using legalese vocab and just get started on draft and listing your evidence with each having that 1 `2 sentence description. 
 

‘’You simply state the denial is a USCIS error .
You have a solid relationship of x years and a bonafide marriage. Denial is capricious and arbitrary seemingly targeting interview waiver applications and so depriving us of the opportunity for an in person interview /NOID and opportunity to overcome allegations of insufficiency raised in the denial decision.
 

Attached is extensive proof of our shared/joint life: 

1. Bank of America checking account statement for Month, Year in both names . Auto ins and cell phone automatic payments reflected on day x

( don’t worry about changing how your accounts/payments are set up, just describe item . Not every one handles finances same way )

Edited October 13 by Family