Denied I-485

[brookelynb 0]

Today in the mail my husband and I received a denial notice of his I-485. The denial is based on our response to an RFE. We received an RFE about page 3 on form I-865A. In the sponsors promise section we misunderstood and thought it was supposed to be the person sponsering this particular document and so the household member filling out the paperwork signed both the sponsor's promise and the household member's promise. Now I know that we can't appeal, because we messed up not USCIS, but I'm not sure what we are supposed to do from here. My husband has a job now and it says in the notice of denial that his EAD/AP is being revoked based on the denial even though its not expired and we can reapply without prejudice. But I just don't understand, they didn't clarify that the sponsor ( meaning me) was supposed to sign that section, the wrong name was even in the sponsor section on the paper, all the sections were highlighted but it wasn't specific, So It said I, The Sponsor ( our household members name, not mine) and at the bottom she signed it and sent it back. I'm so upset and frustrated I don't know what to do. My husband is supposed to be at work Monday and I don't know if he should go. Do we need an attorney? Does he have to leave the country? What do we do?

[Transborderwife 4,666]

Firstly, what visa is he adjusting from? If VWP unfortunately the only option is to start over (unsure if that's even an option) or he returns home and a cr1 is filed. Otherwise removal proceedings would begin

[belinda63 2,981]

You will need to refile. He is no longer authorized to work as his EAD was based upon the pending I-485 which has been denied. The sooner you refile the sooner he can begin working again. Maybe his employer will let him take an unpaid leave of absence?

[Hypnos 6,576]

As stated, his only choices are to refile or depart the US before removal proceedings are initiated against him, which will eventually culminate in his deportation.

[brookelynb 0]

He is adjusting from K-1. And I just don't understand, one line was signed by the wrong person. That's it, and now we have to start all over?!? We just got into a new place and without his job we can't afford it. This is horrible.

[Transborderwife 4,666]

If from a k1 you should be able to appeal. I believe the fee is around $650

[aaron2020 11,651]

Appealing would only work if USCIS made the mistake. This isn't the case.

OP made the error. The only choice is to refile.

[Shauna&Wael 211]

Why would you think the household member would sign both sections when there is CLEARY a section for the sponsor, and a section for the household member. They wouldn't make the distinction if the household member had to sign both........ sorry but I just don't even see how the form was confusing

[Transborderwife 4,666]

Appealing would only work if USCIS made the mistake. This isn't the case.

OP made the error. The only choice is to refile.

Understood thanks for clarifying

[AB loves AG 54]

He is adjusting from K-1. And I just don't understand, one line was signed by the wrong person. That's it, and now we have to start all over?!? We just got into a new place and without his job we can't afford it. This is horrible.

If you received an RFE for th error, weren't you allowed a chance to fix it?

[NikLR 13,220]

If you received an RFE for th error, weren't you allowed a chance to fix it?

They did and did it wrong.

The only thing to do is refile ASAP and include the EAD as well. He cannot work currently.

[AB loves AG 54]

They did and did it wrong.

The only thing to do is refile ASAP and include the EAD as well. He cannot work currently.

Okay I understand. But doesn't it not seem right that you can only get 1 RFE and that's it? I see that the OP made an error, but sometimes the paperwork can be overwhelming.

They did and did it wrong.

The only thing to do is refile ASAP and include the EAD as well. He cannot work currently.

Okay I understand. But doesn't it not seem right that you can only get 1 RFE and that's it? I see that the OP made an error, but sometimes the paperwork can be overwhelming.

[Hypnos 6,576]

You always have the choice of having a reputable attorney handle your paperwork if you are incapable or unwilling to do it yourself.

[aaron2020 11,651]

Okay I understand. But doesn't it not seem right that you can only get 1 RFE and that's it? I see that the OP made an error, but sometimes the paperwork can be overwhelming.

Okay I understand. But doesn't it not seem right that you can only get 1 RFE and that's it? I see that the OP made an error, but sometimes the paperwork can be overwhelming.

Sorry OP that this is getting sidetracked.

How many RFEs should a couple be entitled to on the same subject - 1, 2, 3, etc? How long do we let them eat up resources that could be spent on the long backlog of cases for other couples? When does it become a game to string out the EAD and buy time when the couple can't meet the requirements?

[AB loves AG 54]

Sorry OP that this is getting sidetracked.

How many RFEs should a couple be entitled to on the same subject - 1, 2, 3, etc? How long do we let them eat up resources that could be spent on the long backlog of cases for other couples? When does it become a game to string out the EAD and buy time when the couple can't meet the requirements?

Sorry if you feel I sidetracked the post, I thought it also might be something the OP would be curious about as well, if not OP I apologize for hijacking your post. For the amount we pay, it seems nuts that you're not allowed to make a mistake in your paperwork. And when a mistake is made you're not entitled to the same resources as everyone else that has paid the fees, and gone through this excruciating process. I understand that a line has to be drawn somewhere, but in this case, it's not like the OP doesn't meet the requirements, they just need to fix a signature for Pete's sake. I guess if that's the rules that's the rules, I feel bad for the OP.