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

[Boiler 45,466]

I do not know the full details, I assume none of us does.

 

I have certainly seen other cases where it has turned out there have been more issues than the ones originally mentioned.

[Family 3,988]

54 minutes ago, Mychal said:

I read posts where people claimed they were approved

That is all true , they did get approved with what they claimed. DIYers are a good bunch freely sharing their stories/facts for the good of the many. ..no reason to doubt. 
 

USCIS does change /update its ways often…and your initial assessment ( depends on the human employee making decision) is spot on. 
 

PS you never answered if your decision came from field office or service cente

[Mychal 41]

1 hour ago, Family said:

PS you never answered if your decision came from field office or service cente

I did but I think I buried it in another response. Sorry about that.

I'm assuming it came from a field office, as our denial letter was signed by a Field Office Director and addressed from USCIS in a nearby city about 15 miles away.

[Mychal 41]

2 hours ago, Family said:

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. 

It looks like you did one for SnowFairy...? Back in July. At least thats the only one I can find. In that case an I-290B was not used but the same principle applies in the cover sheet.
You're just everyone's MVP here, aren't you. 😆 Not to diminish everyone else here who has been more than helpful. I am indebted to everyone here. @OldUser

 

I will probably have a couple more questions tomorrow but I'm just trying to let all this information settle in my head tonight and tomorrow, and then get a game plan going and start putting everything together Monday. Time is limited for sure, but not too limited to where we are in a panic.

[Mychal 41]

Alright, one thing I'm still concerned about that I briefly mentioned previously is that our joint account has only been a joint account for just about a month and a half. We didn't add my wife to the account until after she started working, so the evidence of comingling finances is very limited. The denial appears to put a lot of weight on the lack of comingled finances, but due to my wife not working until recently, then of course our finances were solely handled by me. I can obviously provide what I can, but I'm worried it just won't be enough for them. I can explain this in the cover letter/briefing I include, but I still am not sure it would be enough for them.

 

@Family and @OldUser do you see any issues or different ways I can address this?

 

I also see there are several waivers of the $800 filing fee for an I-290B in regards to an I-485. Reading through all of them its still difficult to understand if any of the waivers apply to our case. I don't think they do, unfortunately, but am I wrong in that?

[Family 3,988]

2 hours ago, Mychal said:

Alright, one thing I'm still concerned about that I briefly mentioned previously is that our joint account has only been a joint account for just about a month and a half. We didn't add my wife to the account until after she started working, so the evidence of comingling finances is very limited. The denial appears to put a lot of weight on the lack of comingled finances, but due to my wife not working until recently, then of course our finances were solely handled by me. I can obviously provide what I can, but I'm worried it just won't be enough for them. I can explain this in the cover letter/briefing I include, but I still am not sure it would be enough for them.

 

@Family and @OldUser do you see any issues or different ways I can address this?

 

I also see there are several waivers of the $800 filing fee for an I-290B in regards to an I-485. Reading through all of them its still difficult to understand if any of the waivers apply to our case. I don't think they do, unfortunately, but am I wrong in that?

1. I have said this a few times…will repeat : just show the periods I indicated for ALL accounts/bills no matter if Joint or Solo . My position is firm. If it makes you feel better, say exactly what you posted on reason account was solo…trust me Trump did not add Melania to all his accounts 😂

 

2. Don’t do fee waiver unless your income is at these poverty guidelines https://www.uscis.gov/i-912p

..and jeopardize a seemingly solid I-864 you did not get RFE on.

Besides, we just saved $5K in legal fees plus new filing fees …so let it go

Edited October 14 by Family

[Mychal 41]

2 hours ago, Family said:

1. I have said this a few times…will repeat

 

Besides, we just saved $5K in legal fees plus new filing fees …so let it go

If there are two things I'm an expert in its overthinking things even after getting my answer, and wanting to optimize spending, haha.

If there was one thing the USCIS has done for us, it was returning payments we sent that it turned out were unnecessary. If they don't need our $1,600 for the two I-290B submissions, I actually trust that they would probably return them.

 

I really do appreciate all your help with this whole process. I can't thank you enough.

[Family 3,988]

10 minutes ago, Mychal said:

actually trust that they would probably return them.

Send correct fees , pay w checks not credit card…remember you are on a clock and can’t afford rejection 

 

Oh and ask your stepson to write /or crayon draw a “ I Kinda Like My New Dad’’ letter. ..or include the Father’s Day card he gave you this year…and drop in the Valentines you shared w your wife.

[madmanmike 191]

Wow. I have nothing to add, just wanted to say how awful this is. We are so sorry this happened and we hope you resolve it quickly. This is heartbreaking and terrifying. We can’t imagine how this makes you feel. Sending all the good karma we can.

[Mychal 41]

10 hours ago, madmanmike said:

Wow. I have nothing to add, just wanted to say how awful this is. We are so sorry this happened and we hope you resolve it quickly. This is heartbreaking and terrifying. We can’t imagine how this makes you feel. Sending all the good karma we can.

Thank you, it most certainly was terrifying, but thanks to the great people here we are working through it and will hopefully prevail.

 

17 hours ago, Family said:

Send correct fees , pay w checks not credit card…remember you are on a clock and can’t afford rejection 

 

Oh and ask your stepson to write /or crayon draw a “ I Kinda Like My New Dad’’ letter. ..or include the Father’s Day card he gave you this year…and drop in the Valentines you shared w your wife.

I always pay these fees via cashier's checks.

 

Near the beginning you said to base the evidence on their own RFE. My stepson's RFE only requested a correction on the I-485 itself. In his I-290B should I only include that form again, or just make a copy of what I am including in my wife's and specify that he is merely a dependent under her application?

 

I hope you don't mind taking a brief look over the cover letter/summary I'm putting together. I would absolutely be open to any redlines and suggested changes to it.

[Family 3,988]

1 hour ago, Mychal said:

Thank you, it most certainly was terrifying, but thanks to the great people here we are working through it and will hopefully prevail.

 

I always pay these fees via cashier's checks.

 

Near the beginning you said to base the evidence on their own RFE. My stepson's RFE only requested a correction on the I-485 itself. In his I-290B should I only include that form again, or just make a copy of what I am including in my wife's and specify that he is merely a dependent under her application?

 

I hope you don't mind taking a brief look over the cover letter/summary I'm putting together. I would absolutely be open to any redlines and suggested changes to it.

The RFE , I understood was for I-864 and joint life bonafides. Under that category they give a list of items ( lease, accounts,..etc). I think I wrote out a list of 10 or so and I am sure you had a few. 
 

Yes , upload if you want input 

[Mychal 41]

2 hours ago, Family said:

The RFE , I understood was for I-864 and joint life bonafides.

No, our I-864 was fine to our knowledge. My income alone is very comfortably above the minimum requirements.

 

I might have gone a little too crazy with the details and explanation. I'm at 3 pages, but half of the first page is just addresses and titles.

 

 

Page 3. Couldn't get all three to post at once.

[Family 3,988]

Please look at the July 10 RFE , they ask for bonafides and list examples of evidence . 
 

Nog sure what you mean…BUT you just need to draft an exhibit -style list ( number it ) that has 1 or 2 sentence description , I gave you an example. 
 

So hopefully that is what you are working on

[Family 3,988]

Ignore my previous post. Will read your draft and respond..

[Family 3,988]

1. Delete heading above USCIS address

 

2. Delete “intended recipient “ and double check address 

 

3. The RE: line needs to be as follows

RE: I-290 B Motion to Reopen and Motion to Reconsider 

      I-485 # case no

      Wife Name, A#

4. Do not bold anything in your answers. If you love bold , then limit it to first word in numbered exhibits

 

Dear Name of FO Director,

 

In support of the enclosed I-290 B Motion to Re Open and Motion to Reconsider , I am submitting the following factual clarification and evidentiary documentation:

 

The denial is..( stays as is ).

 

1. Joint ownership of property. We do not currently own any real estate and though our marriage/ life together has just started on ( date of marriage) we share the dream of one day buying a home.

 

2. Leases. Rental agreements for ( period ) at 123 Happy Rd, as submitted in response to RFE dated xyz.

 

3. Verification of Tenancy Letter for 123 Happy  Rd  listing each family member as occupants 

 

4. Gas Co Name statements  for ( specify months so March, June, oct ) in 2023 and ( months ) in 2024 , showing shared address . Note account held in USC spouse name , as applicant lacked required ID and credit history.( or say whatever)

 

5  Electric Co statements. Repeat as in # 4

 

6. Internet. Repeat as in 4

 

7. Cell phone . Repeat

 

8.  Geico Auto insurance policy for Month , Year listing USC spouse , applicant added only after  obtaining DL ( or does not drive ?) showing shared residence.

 

9. DMV registration with shared address. Ownership is USC spouse, as car purchased prior to marriage . 
 

10. Blue Cross (?) health insurance coverage for ( month , year) listing USC spouse, applicant and child . Copy of cards

 

11. Taxes for year, including W-2 

 

12. Paystubs for USC spouse for month year , reflecting shared address

 

13. Paystub for applicant 

 

14. Chase bank checking # 123 for ( months, years ) . Account ownership. Note reoccurring payments for ( Gas, cell , rent ?) and routine household expenses .
We do our weekly grocery shopping together at Costco and usually  use USC spouse card (?} or some short detail 
 

15. List every account you have had 2023 /2024 DO the same with credit cards…

 

😂 going to take a break..but after your neatly numbered list …then we