Family

True or False : “ One can file an I-290 B if denial was due to USCIS error” ‘Answer : False See recent decision by AAO on December 2024.. Petitioner received a NOID on an I-129 F. S/he responded to the NOID but failed to include the 2 things being requested: intent to marry and proof of in person meeting Petition denied. ‘Files an I-290 B and includes the missing evidence . WINS ! The power of I-290 B Motions https://www.uscis.gov/sites/default/files/err/D6 - Fiancees and Fiances of U.S. Citizen (K-1)/Decisions_Issued_in_2024/DEC122024_01D6101.pdf

Only IR s as in OPs case, can afford to be so carefree and simply file new…OP has not checked in with any other details than married several years/ never followed up w NVC, so warning may not apply to his circumstances. I also remember USCIS not batting an eyelid , asking a question or flagging a decades old preference category I-130 ( marked for consular at filing ) that was used to adjust with I-245 (i) …but all that seems to have changed in last few years as they got all digital and can access interagency records. This is may explain the contradictory random internet attorneys opinions.

Sorry I couldn’t see anything relevant in the link you sent. Am including 2022 AAO decision that spells out INA sec 203 (g) . ..the appellant was attempting to adjust in the US via a previously approved I-130 that had been terminated by NVC. He did not make past 1st base ( arguing for a stateside I-212) because the I-130 was lost. Once NVC terminates, the petition is no longer valid … they call it automatic revocation . https://www.uscis.gov/sites/default/files/err/H4 - Application for Reentry after Removal or Aggravated Felony Conviction - 212(a)(9)(A)(iii)%2C 212(a)(9)(B)(v)%2C 212(d)(3)(A)/Decisions_Issued_in_2022/MAY062022_02H4212.pdf

After approval it gets sent to NVC. If there is no activity on the case such as payment of IV fee, DS-260 or logging in to CEAC , NVC terminates the case after 1 year. Up until the 3rd year ( from date NVC received the case ) it be reinstated with a written request and valid reason. This applies to I-130 marked for consular process only. 9 FAM 504.13-2 INACTIVE CASES 9 FAM 504.13-2(A) Termination of Inactive Cases (CT:VISA-1413; 11-03-2021) INA 203(g) provides for termination of registration of the visa petition of any individual who fails to apply for an IV within one year following notification to the applicant of the availability of a visa. But INA 203(g) also permits reinstatement of the registration where the individual establishes within 2 years following the date of notification of the availability of such visa that such failure was due to circumstances beyond their control. https://fam.state.gov/fam/09FAM/09FAM050413.html

ALL statements ( bank/credit/utilities/insurance/paystubs ), no matter if joint or solo, as they show a joint shared address . A very few family photos of last 3 years ..just handwritten one liner ex “ dinner on turkey day w cousins or friends on Nov , year x, b=day breakfast in bed 😂 in xyz year. This stuff is complex, think more like navigating through a court of law, not getting frustrated with DMV. You are courageous to tackle DIY, so kudos to you. Mistakes happen. You just need to speed it up so you know for sure if I-290 B will get to home base or new adjustment needed.

If I-130 was sent to NVC and OP did not check in once a year, they may have terminated case. So if 3 years or less, case can be reopened otherwise can just file new I-130 w I-485. ..but ignoring NVC does have consequences.

Part 2: mark item 2c for “Motion to ReOpen and Motion to Reconsider” Item 3, list only the I-485 but add info on last page to say I-485 and underlying applications I-765 and I-131 Part 3 , item 7, say “ See Attached” and “ REQUEST for acceptance of LATE FILLED I-290 B for good cause. Applicant timely married on xyz . Government entity erred in data entry on marriage certificate . Delay and error beyond applicants control , requesting humanitarian discretion . Your Cover Letter : Date, Name address of Mrs. @elkski USCIS address RE: I-290 B Motion to ReOpen and/or Motion To Reconsider I-485 Case #, Name of Mrs, A# Dear Officer, In support of the above ref I-290 Motion to Reopen and/or Motion To Reconsider , I am submitting the following factual, and evidentiary documentation: 1. Evidence of qualification for adjustment of status at the time of filing I-485 on xyz date. ‘Marriage Certificate ( include the final correct doc ) Evidence of Joint Life from time of K-1 entry to date ( tax returns, bank/credit/bills/photos and the kitchen sink) MAKE a list and list out each item by letter or number Sworn Affidavit by US Citizen Spouse attesting to the validly of marriage and Extraordinary Hardship . ( optional but giving you a chance to rail/rant 😂 NO cursy words..ex my wife is my life , suffered /suffering financial, emotional…losing sanity in navigating a more than 3 year delay..) 2. Applicant attempted all reasonable and timely efforts to address typographical/data entry error made by other government agencies. Circumstances beyond Applicant’s control . Humbly requesting Service to accept this Late Filed I-290 B and favorable adjudication. Kindly note the RFE s was vague and we were unable to identify specific documentation deficiency . Subsequent trips to courts/ registrar have ultimately resulted in correcting the typo . Applicant additionally attempted to timely file an I-290 B . Applicant acknowledges mailing the packet to an address other than the Chicago PO Box , in the mistaken belief USCIS will forward the sensitive filing. For this we apologize and ask for discretion , navigating the multitude of information and complex instructions on public website is challenging. Respectfully, ‘Mrs @elskin Do skip all other details you originally drafted , but edit my suggestion as you see fit. The gist of your agreement…although you can tell I don’t spell everything out …this is more got you to get clear on She married in time and otherwise qualifies . Typo was NOT her error, other govt , so beyond control RFE was vague You filed timely , USCIS should just forward filings and not long ago, that was a practice spelled in internal memos Bloody long 3 year wait They can deal with it, they have discretion. You are appealing to the Human reading. …so even humor is good… BUT don’t admit fault 😂

Omg! You got me going down a rabbit hole..laughing . I now know what a rubia and a rojo is 😂. ..so that I can better understand the JC chronicles

Unless your PD date is Jan 01, 2022 then just wait it out as any other Jan date means visa still not available, so processing time is irrelevant and I-485 expedite request won’t be considered. As long as your husband was in status at the time he applied for I-485 and F-2A was current, you have nothing to worry about. No matter how swift new administration implements changes, any drastic steps would likely affect future applicants and have a future start date…(example eliminating the 2 visa bulletin charts ) I think you will naturalize before the Visa Bulletin gets revamped anyway. ..see if you have any qualifying expedite criteria to nudge your N-400 . https://www.cliniclegal.org/resources/further-retrogression-august-visa-bulletin That meant the spouses and unmarried children of lawful permanent residents (LPR) could file for adjustment of status if they had been inspected and admitted or paroled on their last entry and had always maintained lawful immigration status, including not having worked without authorization, at the time they filed the Form I-485.

Man accused of attacking TV reporter, saying ‘This is Trump’s America now’ Colorado man is facing possible bias-motivated charges for allegedly attacking a television news reporter after demanding to know whether he was a citizen, saying “This is Trump’s America now,” according to court documents. Patrick Thomas Egan, 39, was arrested December 18 in Grand Junction after police say he followed KKCO/KJCT reporter Ja’Ronn Alex’s vehicle for around 40 miles from the Delta area. Alex told police that he believed he had been followed and attacked because he is Pacific Islander. After arriving in Grand Junction, Egan, who was driving a taxi, pulled up next to Alex at a stoplight and, according to an arrest affidavit, said something to the effect of: “Are you even a US citizen? This is Trump’s America now! I’m a Marine and I took an oath to protect this country from people like you!” https://www.yahoo.com/news/man-accused-attacking-tv-reporter-185927490.html

Your wife worked /filed for last 2 years only, as you stated. So it’s ok for # 15 to be No , list current year figures in 16 an and N/A to other 2 fields (16b, 16c) Marking 15 as yes, would be fine as well cause she technically filed when /what was required and 1 of the 3 years, there was no income, thus no requirement ..but I prefer simplicity

Yes, you are entering 1 for sponsored immigrant ( part 5, item 1) and 0 for her in item 3.