i485 Denied on shady grounds... (Merged threads)

[MePam 0]

Hi all,

So my greencard was recently denied based on missing information related to the i864 and outdated form.

Here's the facts-

We sent in i846 and they responded requesting missing documents

We sent the missing items they requested ONLY

They denied us based on missing husbands proof of citizenship-this was included the first time around-they did NOT ask for this the 2nd time

And tax returns, again this was included the first time around. They did NOT request this again the 2nd time.

The form was in date at the time of filling it in and sending, a few days later and definitely presumably by the time it landed on someone desk-it must have been out of date.

 

This seems like a super slick move to pull.

Where do we stand with this?

Do we have a chance if we file i290b or should we just throw the towel in?

I am not interested in wasting more money, time and energy on this process any longer if we don't even have a leg to stand on.

 

 

[Family 4,015]

3 hours ago, MePam said:

Hi all,

So my greencard was recently denied based on missing information related to the i864 and outdated form.

Here's the facts-

We sent in i846 and they responded requesting missing documents

We sent the missing items they requested ONLY

They denied us based on missing husbands proof of citizenship-this was included the first time around-they did NOT ask for this the 2nd time

And tax returns, again this was included the first time around. They did NOT request this again the 2nd time.

The form was in date at the time of filling it in and sending, a few days later and definitely presumably by the time it landed on someone desk-it must have been out of date.

 

This seems like a super slick move to pull.

Where do we stand with this?

Do we have a chance if we file i290b or should we just throw the towel in?

I am not interested in wasting more money, time and energy on this process any longer if we don't even have a leg to stand on.

 

 

You will win w I-290 B. ..just put together a complete and thorough I-864, tax returns ( as originally filed w I-485 ) include the W-2 AND get IRS transcripts,  3 current paystubs …and proof of USC for your husband 

 

Mark both Motion to Re open and Motion to Reconsider and state as basis, Service Error.

 

Upload a redacted copy of the denial, if you wish

 

You do not need to argue or justify revision date to win , but here is an interesting fact;

 

2nd link is USCIS page that still shows 12/08/21 revision date, this moment ..but a google AI query indicates as of 10/28/24 they will only accept the Aug 2024 revision…so it’s possibly a transition lag. 

 

 

when was the last i-864 revision date
AI Overview

Learn more…

 

The most recent revision date for the I-864 form was August 28, 2024. The USCIS will only accept the August 28, 2024 edition of the form starting October 28, 2024. The edition date can be found at the bottom of the form and instructions page. 

 

 

The I-864 form is an Affidavit of Support under Section 213A of the Act. The I-864 form remains valid indefinitely unless there is evidence that the poverty guidelines were not met on the date the form was filed. 

 

 

https://www.uscis.gov/i-864

 

Edition Date

 

12/08/21 E. We will also accept the 12/08/21 edition. You can find the edition date at the bottom of the page on the form and instructions.

Dates are listed in mm/dd/yy format.

Edited October 30 by Family

[Family 4,015]

Here a just a few posts on I-290 B that may answer some questions. You can use the top search button and will find many others, or even try contacting the original posters 

 

 

[OldUser 6,774]

I assumed with every I-864 you need to send proof of citizenship / LPR for the sponsor. Looks like you were denied over technicality.

Agreed with @Family this is a good candidate for I-290B

[MePam 0]

I cannot seem to find this information anywhere, and all USCIS tell is to read the notice?

Its also not written on the notice.

So if one does not one to continue this arduous process of appeals, filing motions and hiring lawyers, when exactly do I have to leave the country?

This information should NOT be this hard to find and they should not be assuming everyone wants to, or can afford to, continue this game. Why only give info on filing a motion?

When must I leave?

Thank you in advance for all responses. 

[Boiler 45,585]

I assume you mean legally
 

You revert to your prior status so that will determine when you must leave

[Demise 1,294]

1 hour ago, MePam said:

I cannot seem to find this information anywhere, and all USCIS tell is to read the notice?

Its also not written on the notice.

So if one does not one to continue this arduous process of appeals, filing motions and hiring lawyers, when exactly do I have to leave the country?

This information should NOT be this hard to find and they should not be assuming everyone wants to, or can afford to, continue this game. Why only give info on filing a motion?

When must I leave?

Thank you in advance for all responses. 

 

It's a bit complicated.

Upon denial of I-485 you fall back onto the prior status. So if you have one that hasn't yet expired then you're good until that expires.

If not then I-485 denial doesn't give you any kind of grace period. You are out of status as of the date of the denial, so if you want to cut your losses you should leave ASAP, however you do have 180 days to leave before re-entry bans kick in.

 

Then when it comes to I-290B (motions to reopen or/and reconsider; I-485 normally doesn't let you file a direct appeal) it gets really messy since filing the form doesn't put you into period of authorized stay, however if that's approved and the I-485 gets approved then the period you were out of status just gets wiped. Similar with any kind of de novo review in removal proceedings.

 

So if you are seeking adjustment in category where being out of status is not a concern (e.g. via marriage to a US citizen, either I-130 or I-129F), then it might be better to just file a new I-485 since that'd put you into another period of authorized stay unless removal proceedings were already initiated at the time. If not then only way to get AOS is to file the I-290B or fight it in court where you're not protected and if you lose on that then you'll get the re-entry ban on the way out.

Edited October 31 by Demise

[powerpuff 6,715]

Related threads on I-485 denial merged.

 

Thread movement Adjustment of status forum. 

 

VJ Moderation 

Edited November 1 by powerpuff