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Mychal

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

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16 minutes ago, Family said:

Forgive me but I don not understand what you wrote or why you bring up public charge or say you are not sending another I-485. ..only the denial grounds are relevant and will be revisited


You had a pretty clear and concise frame where you challenged decision , brought forth extensive new evidence and asked for an  interview. 
 

I am pretty confident in my advice, so  my position stands .

Yea, I just saw some comments around VJ about them needing statements for each motion so I thought I'd write something up to see how it would look and get some feedback. I'll stick with the original.

Thanks!

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Filed: AOS (pnd) Country: Philippines
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16 hours ago, Mychal said:

Sent off the packages a couple hours ago. Should be arriving to their offices by end of day tomorrow.

 

Praying that they grant your request and approve your I-485 expeditiously!

K1 Visa
EventDate

Service Center :California Service Center

Consulate :Manila, Philippines

I-129F Sent :2023-09-16

I-129F NOA1 :2023-09-20

I-129F RFE(s) :2024-05-20

RFE Reply(s) :2024-06-01

I-129F NOA2 :2024-06-11

NVC Received :2024-06-18

Date Case #, IIN, and BIN assigned :2024-07-01

NVC Left :2024-07-16

Consulate Received :2024-07-18

Interview Date :2024-08-13 icon13.gif Submit Review

Interview Result : Approved!!

Visa Received : 2024-08-20

US Entry : 2024-08-30

Marriage : 2024-10-25

 

Adjustment of Status

CIS Office :Denver CO

Date Filed :2024-11-14

NOA Date :

RFE(s) :

Bio. Appt. :

AOS Transfer** :

Interview Date :

Approval / Denial Date :

Approved :

Got I551 Stamp :

Greencard Received:

Comments : Phoenix, AZ LockBox

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My current concern is regarding my wife's EAD. This coming Sunday is the 18 day limit where it is still valid, unless we can prove that her case is pending. Unfortunately that "proof" is dependent on how quickly USCIS responds to their receipt of our I-290B.

Is the USPS receipt enough for this proof so that her EAD stays valid?

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59 minutes ago, Mychal said:

My current concern is regarding my wife's EAD. This coming Sunday is the 18 day limit where it is still valid, unless we can prove that her case is pending. Unfortunately that "proof" is dependent on how quickly USCIS responds to their receipt of our I-290B.

Is the USPS receipt enough for this proof so that her EAD stays valid?

Post office receipt and pending time of I-290 B are not an automatic/extension. But unless her employer flags her, she just goes about her business and keeps working.

 

You can always involve your congressman, google is your friend 😂, download their authorization form and ask they help you get an expedite as wife in danger of losing job. 
‘Once you have a case# , you can also call USCIS ( ask for tier 2) to request expedite 

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On 10/24/2024 at 12:53 PM, Family said:

Post office receipt and pending time of I-290 B are not an automatic/extension. But unless her employer flags her, she just goes about her business and keeps working.

 

You can always involve your congressman, google is your friend 😂, download their authorization form and ask they help you get an expedite as wife in danger of losing job. 
‘Once you have a case# , you can also call USCIS ( ask for tier 2) to request expedite 

I'll definitely look into the congressman authorization form. But in regards to her EAD I think we are deciding to just turn them in like they request in the denial letter, just to be on the safe side.

We did some research and read several cases where applicants were denied GC or even their citizenship applications after the USCIS somehow found out they worked without a valid EAD during their time in the country. We don't need any more issues than we are already dealing with, and my income is more than enough to provide for us.

 

We got notice earlier today that they did receive our 290B forms, so hopefully we hear the good news of the case being reopened or even approved. Worst case scenario we are preparing a new I-485 submission just to have on hand if we need to refile.

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6 hours ago, Mychal said:

I'll definitely look into the congressman authorization form. But in regards to her EAD I think we are deciding to just turn them in like they request in the denial letter, just to be on the safe side.

We did some research and read several cases where applicants were denied GC or even their citizenship applications after the USCIS somehow found out they worked without a valid EAD during their time in the country. We don't need any more issues than we are already dealing with, and my income is more than enough to provide for us.

 

We got notice earlier today that they did receive our 290B forms, so hopefully we hear the good news of the case being reopened or even approved. Worst case scenario we are preparing a new I-485 submission just to have on hand if we need to refile.

Bad idea. ..and you will be  creating more problems for her.
Your wife , as an Immediate Relative, would have zero issues for work without authorization . Just sit still and trust the process.

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On 10/26/2024 at 5:23 AM, Family said:

Bad idea. ..and you will be  creating more problems for her.
Your wife , as an Immediate Relative, would have zero issues for work without authorization . Just sit still and trust the process.

Alright, we are just sitting still and trying to trust the process, haha.

Forgive me if I'm sounding distrusting but everywhere I've researched from sources by the USCIS they say that she can't work even though shes a direct relative to a USC. I'm reading a lot of contradictory information than what I'm seeing here.

 

Minor update: Today my wife got a notification from USCIS saying they have taken an action on her case, but upon review in the USCIS account it looks like they just posted the denial of her original I-485 online.

We got the denial letter back on the 11th of this month, but it was never reflected online. Until today. Hopefully that means they're looking at our 290B.

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16 minutes ago, Mychal said:

 

Forgive me if I'm sounding distrusting but everywhere I've researched from sources by the USCIS they say that she can't work even though shes a direct relative to a USC. I'm reading a lot of contradictory information than what I'm seeing here.

 

 

Technically she should not be working without authorization. But her unauthorized work is forgiven if disclosed honestly and she's married to USC 

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  • 2 weeks later...

Small update: We've received a letter from the USCIS saying they've created a new account for us regarding the 290B submittal. We were able to contact the USCIS through a phone call and they told us, for whatever reason, we cannot simply add the case to the existing account and that we need to create a new email address which can then be used to log in to the new one they made for us. So thats what we'll do. Kinda silly, but I suppose it is what it is.

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3 hours ago, Mychal said:

Small update: We've received a letter from the USCIS saying they've created a new account for us regarding the 290B submittal. We were able to contact the USCIS through a phone call and they told us, for whatever reason, we cannot simply add the case to the existing account and that we need to create a new email address which can then be used to log in to the new one they made for us. So thats what we'll do. Kinda silly, but I suppose it is what it is.

What's the existing account? The one used by US citizen to file I-130 / I-129F?

 

If yes, USCIS is right. I-485 and I-290B belong to immigrant and cannot be added to US citizen account.

Same will be the case for I-751 if you have to file in the future and N-400.

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10 hours ago, OldUser said:

What's the existing account? The one used by US citizen to file I-130 / I-129F?

 

If yes, USCIS is right. I-485 and I-290B belong to immigrant and cannot be added to US citizen account.

Same will be the case for I-751 if you have to file in the future and N-400.

The only accounts we have are for the I-485 for my wife, and another for her son's 485. We even included these account numbers on the 290B's, but they sent us letters saying they created new accounts anyways.

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44 minutes ago, Mychal said:

The only accounts we have are for the I-485 for my wife, and another for her son's 485. We even included these account numbers on the 290B's, but they sent us letters saying they created new accounts anyways.

I thought I-485 is filed on paper?

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