AOS denial after K-1 approval

[LosAzcona 0]

I don’t know if I’m putting this in the right place, but my husband got a denial on his AOS due to tax forms. 
 

we don’t know what to do from here, 

 

the denial says we can appeal or put in a motion. We went to a lawyer and she wanted 3k to help us so we’re forced to do it alone. 
 

I have a few people telling me to restart the entire process. 
Is it better to restart or submit a motion? 
 

 

Since he’s already approved on the k1 visa, does that mean he’s not approved anymore? When we refile will he have to go to another interview? 

 

is his work visa cancelled now? 
 

[Dashinka 24,930]

We need a little more detail regarding the reason for the denial.  Did you receive an RFE that was not responded to?  Was there an interview where information was requested?  If the I485 was denied and you received a notice of the denial, then yes, your only options are to either file an I290B or start again with a new I485 package correcting the reason for the denial.  I would look at both options and especially the I290B as that should keep the EAD active, but a new I485 filing would mean needing to file a new I765 for employment authorization.

 

Good Luck!

[LosAzcona 0]

This is what his document says 

 

After reviewing the evidence, USCIS has concluded that you are not eligible to adjust status because you failed to submit:

• A complete Federal Income Tax Return submitted to the Internal Revenue Service (IRS) from the joint sponsor's household members) for the most recent tax year.
• A properly completed and signed Form I-864, Affidavit of Support, from a qualifying joint sponsor with all pages present and of the latest edition date, a copy of the joint sponsor's Federal income tax return for the most recent tax year with all supporting tax documents, and evidence of the joint sponsor's status as a United States citizen, United States national, or Lawful Permanent Resident. For the sponsor to qualify based on the value of assets, submit evidence of assets that meet the requirements.
• A properly completed and signed Form I-864, Affidavit of Support, from the petitioning sponsor listed on Form I-130 or Form I-129F with all pages present and of the latest edition date and a copy of the petitioning sponsor's Federal income tax return for the most recent tax year with all supporting tax documents.

You have not established that you are eligible for adjustment under INA 245. Therefore, USCIS must deny your Form

I-485. See 8 CFR, sections 103.2(b)(11) and (12).

Since this Form I-485 has been denied, the condition upon which your Employment Authorization document and/or

upon this Form I-485 should be returned to the local USCIS office.

You may not appeal this decision. However, if you are issued a Notice to Appear, you will have an opportunity to renew your application for adjustment of status and/or to request any other relief that may be available in removal proceedings before an Immigration Judge. See Title 8, Code of Federal Regulations (8 CFR), section 245.2(a)(5)(ii). Furthermore, this decision is without prejudice to future applications filed with the appropriate USCIS office.

If you believe that the denial of your Form I-485 is in error, you may file a motion to reopen or a motion to reconsider using Form I-290B, Notice of Appeal or Motion. You must submit Form I-290B within 30 days from the date of this notice (33 days if this notice was received by mail).

[LosAzcona 0]

The evidence of record shows that, when you filed your application, you were present in the United States contrary to law.

You are not authorized to remain in the United States. If you do not intend to file a motion or appeal on this decision and fail to depart the United States within 33 days of the date of this letter, USCIS may issue you a Notice to Appear and commence removal proceedings against you with the immigration court. This may result in your being removed from the United States and found ineligible for a future visa or other U.S. immigration benefit. See sections 237(a) and 212(a)(9)(B) of the INA.

To review information regarding your period of authorized stay, check travel compliance, or find information on how to validate your departure from the United States with Customs and Border Protection (CBP), please see Chttps://i94.cbp.dhs.gov/194/#/home).

2 hours ago, Dashinka said:

We need a little more detail regarding the reason for the denial.  Did you receive an RFE that was not responded to?  Was there an interview where information was requested?  If the I485 was denied and you received a notice of the denial, then yes, your only options are to either file an I290B or start again with a new I485 package correcting the reason for the denial.  I would look at both options and especially the I290B as that should keep the EAD active, but a new I485 filing would mean needing to file a new I765 for employment authorization.

 

Good Luck!

I added to the comments what his document says 

[Crazy Cat 42,638]

I guess you could file an I-290B along with the proper documents. Maybe they will reopen and reconsider the case. Otherwise, I would immediately get an attorney who will resubmit a complete, proper I-485 package.  Good luck.

 

I wonder if an I-290B freezes the 33-day deadline to exit the US.

Edited yesterday at 01:48 PM by Crazy Cat

[Crazy Cat 42,638]

2 hours ago, Dashinka said:

Did you receive an RFE that was not responded to?

This looks like one of those immediate denials when omitting essential documents.  

[Dashinka 24,930]

1 hour ago, LosAzcona said:

This is what his document says 

 

After reviewing the evidence, USCIS has concluded that you are not eligible to adjust status because you failed to submit:

• A complete Federal Income Tax Return submitted to the Internal Revenue Service (IRS) from the joint sponsor's household members) for the most recent tax year.
• A properly completed and signed Form I-864, Affidavit of Support, from a qualifying joint sponsor with all pages present and of the latest edition date, a copy of the joint sponsor's Federal income tax return for the most recent tax year with all supporting tax documents, and evidence of the joint sponsor's status as a United States citizen, United States national, or Lawful Permanent Resident. For the sponsor to qualify based on the value of assets, submit evidence of assets that meet the requirements.
• A properly completed and signed Form I-864, Affidavit of Support, from the petitioning sponsor listed on Form I-130 or Form I-129F with all pages present and of the latest edition date and a copy of the petitioning sponsor's Federal income tax return for the most recent tax year with all supporting tax documents.

You have not established that you are eligible for adjustment under INA 245. Therefore, USCIS must deny your Form

I-485. See 8 CFR, sections 103.2(b)(11) and (12).

Since this Form I-485 has been denied, the condition upon which your Employment Authorization document and/or

upon this Form I-485 should be returned to the local USCIS office.

You may not appeal this decision. However, if you are issued a Notice to Appear, you will have an opportunity to renew your application for adjustment of status and/or to request any other relief that may be available in removal proceedings before an Immigration Judge. See Title 8, Code of Federal Regulations (8 CFR), section 245.2(a)(5)(ii). Furthermore, this decision is without prejudice to future applications filed with the appropriate USCIS office.

If you believe that the denial of your Form I-485 is in error, you may file a motion to reopen or a motion to reconsider using Form I-290B, Notice of Appeal or Motion. You must submit Form I-290B within 30 days from the date of this notice (33 days if this notice was received by mail).

Was this an immediate denial after filing, or was this some time after?  Again, if you have items requested in the bulleted items, you can try the I290B route to keep the EAD active.  Don't worry about the boilerplate language right now, just worry about making your choice of routes and do that as quickly as possible.

 

Good Luck!

 

 

[mam521 2,263]

8 hours ago, LosAzcona said:

is his work visa cancelled now?

Unfortunately, it appears so.  It says in your paperwork: 

2 hours ago, LosAzcona said:

Since this Form I-485 has been denied, the condition upon which your Employment Authorization document and/or

upon this Form I-485 should be returned to the local USCIS office.

and:

2 hours ago, LosAzcona said:

You are not authorized to remain in the United States.

 

You need to get that I-290B filed immediately. 

[Crazy Cat 42,638]

***Hijack comment removed*** Poster has an open topic thread***

[Ontarkie 14,573]

~~MOved to AOS Family K1/K3 P&P, from K1 P&P- As this is an Adjustment of status topic.~~

[beloved_dingo 1,996]

6 hours ago, LosAzcona said:

This is what his document says 

 

After reviewing the evidence, USCIS has concluded that you are not eligible to adjust status because you failed to submit:

• A complete Federal Income Tax Return submitted to the Internal Revenue Service (IRS) from the joint sponsor's household members) for the most recent tax year.
• A properly completed and signed Form I-864, Affidavit of Support, from a qualifying joint sponsor with all pages present and of the latest edition date, a copy of the joint sponsor's Federal income tax return for the most recent tax year with all supporting tax documents, and evidence of the joint sponsor's status as a United States citizen, United States national, or Lawful Permanent Resident. For the sponsor to qualify based on the value of assets, submit evidence of assets that meet the requirements.
• A properly completed and signed Form I-864, Affidavit of Support, from the petitioning sponsor listed on Form I-130 or Form I-129F with all pages present and of the latest edition date and a copy of the petitioning sponsor's Federal income tax return for the most recent tax year with all supporting tax documents.

You have not established that you are eligible for adjustment under INA 245. Therefore, USCIS must deny your Form

I-485. See 8 CFR, sections 103.2(b)(11) and (12).

Since this Form I-485 has been denied, the condition upon which your Employment Authorization document and/or

upon this Form I-485 should be returned to the local USCIS office.

You may not appeal this decision. However, if you are issued a Notice to Appear, you will have an opportunity to renew your application for adjustment of status and/or to request any other relief that may be available in removal proceedings before an Immigration Judge. See Title 8, Code of Federal Regulations (8 CFR), section 245.2(a)(5)(ii). Furthermore, this decision is without prejudice to future applications filed with the appropriate USCIS office.

If you believe that the denial of your Form I-485 is in error, you may file a motion to reopen or a motion to reconsider using Form I-290B, Notice of Appeal or Motion. You must submit Form I-290B within 30 days from the date of this notice (33 days if this notice was received by mail).

I guess my first question is - were these documents actually missing from your I-485 filing? Meaning, did you not submit the tax return(s) referenced above, or the I-864 Affidavit of Support for either the joint sponsor or petitioner, etc.? 

 

Did the petitioner qualify with only their income or was a joint sponsor needed?

[yuna628 9,750]

To better help you here people are going to need to know the circumstances needing a joint sponsor and exactly what you sent in your AOS package.

[Lee Thacket 67]

Did you prepare a covering letter? The instructions don't ask for one. For all I knew mine was discarded unread and thrown in the paper recycling cart.

 

However, I found mine useful for helping me double check that everything I thought should be in the packet WAS actually in it.

[NorthByNorthwest 379]

10 hours ago, LosAzcona said:

The evidence of record shows that, when you filed your application, you were present in the United States contrary to law.

 

Some info is missing and your timeline is not complete. Did you marry within 90 days of entering on K-1?

 

8 CFR sections 103.2(b)(11) and (12) deal specifically with responding to RFE or NOID, so you must have received at least an RFE for this?