What do I do????

[jondi 0]

My Wife filed for adjustment of status. She is from Canada and come here on a k-1 visa. My income was not high enough to support my wife so my father was to be a joint sponsor with me. When I sent in his joint sponsor paper i sent the i-134 instead of the I-864. My wife received a letter saying now we have to make a motion and pay $585 more dollars because of 1 stupid form. It also says now she is illegally here and has 30 days to leave. At the same time it says she has 30 day to file the motion. How are you going to file a motion for 585 dollars and have the money to go back to canada in 30 days. The letter is contradictaory! What are we supposed to Do? I don't want to pay anymore money for something that may get denied anyways?

Can we refile everything and be ok, or whats the best thing to do and not have any removal procedures taken?

If anyone can help me please do because its down to about 25 days now!!!

Thanks and God Bless

[NickD 203]

My Wife filed for adjustment of status. She is from Canada and come here on a k-1 visa. My income was not high enough to support my wife so my father was to be a joint sponsor with me. When I sent in his joint sponsor paper i sent the i-134 instead of the I-864. My wife received a letter saying now we have to make a motion and pay $585 more dollars because of 1 stupid form. It also says now she is illegally here and has 30 days to leave. At the same time it says she has 30 day to file the motion. How are you going to file a motion for 585 dollars and have the money to go back to canada in 30 days. The letter is contradictaory! What are we supposed to Do? I don't want to pay anymore money for something that may get denied anyways?

Can we refile everything and be ok, or whats the best thing to do and not have any removal procedures taken?

If anyone can help me please do because its down to about 25 days now!!!

Thanks and God Bless

I am not even clear on the laws with Canada anymore, use to go up there and stay as long as I wanted as well as Canadians come down here and was no such thing as being legal or not. With my wife, she could come here legally as long as she had a valid visa that was required from her country and a valid I-94. It didn't make any difference if we were married or not, she was here as tourist. But couldn't work with the usual visa restrictions. Is there another way your wife could stay here legally? Check with the Department of State for their regulations.

Regarding the AOS phase, the USCIS clearly states in their form instructions, any omissions or errors in the forms can be causes for rejection and loss of all fees. Since I was paying for both my wife and her daughter, the fee total was quite significant, so elected to hire an immigration attorney to make sure everything was done right the first time. Not only the loss of money, but the lost of time as well, and back then was taking over 9 months just to get to the interview stage. The instruction warn of those errors, not much you can do about that.

[English Muffin 59]

Moving to AOS forum.

[Minya's wife 25]

My Wife filed for adjustment of status. She is from Canada and come here on a k-1 visa. My income was not high enough to support my wife so my father was to be a joint sponsor with me. When I sent in his joint sponsor paper i sent the i-134 instead of the I-864. My wife received a letter saying now we have to make a motion and pay $585 more dollars because of 1 stupid form. It also says now she is illegally here and has 30 days to leave. At the same time it says she has 30 day to file the motion. How are you going to file a motion for 585 dollars and have the money to go back to canada in 30 days. The letter is contradictaory! What are we supposed to Do? I don't want to pay anymore money for something that may get denied anyways?

Can we refile everything and be ok, or whats the best thing to do and not have any removal procedures taken?

If anyone can help me please do because its down to about 25 days now!!!

Thanks and God Bless

she came on a K-1, so I'm assuming you got married w/in the pre-requisite 90 days right? when did you file for AOS? Having filed the I-134, instead of the I-864 would only trigger the issuance of and RFE, first, not outright denial. If you don't respond to an RFE, then they will deny the petition. Did you receive any RFE?

What exactly is the reason for the denial of the I-485?

[Eric-Pris 1,607]

My Wife filed for adjustment of status. She is from Canada and come here on a k-1 visa. My income was not high enough to support my wife so my father was to be a joint sponsor with me. When I sent in his joint sponsor paper i sent the i-134 instead of the I-864. My wife received a letter saying now we have to make a motion and pay $585 more dollars because of 1 stupid form. It also says now she is illegally here and has 30 days to leave. At the same time it says she has 30 day to file the motion. How are you going to file a motion for 585 dollars and have the money to go back to canada in 30 days. The letter is contradictaory! What are we supposed to Do? I don't want to pay anymore money for something that may get denied anyways?

Can we refile everything and be ok, or whats the best thing to do and not have any removal procedures taken?

If anyone can help me please do because its down to about 25 days now!!!

Thanks and God Bless

There are a lot of things we can blame on USCIS, but this one is on you. You messed up so pay the $585 and file the motion to re-open case. Once you file, she should be able to stay here until a final decision is made I believe. You have a choice: file a motion or go back home. How is that contradictory?

[Cino 5]

Normally they should have sent to you a RFE, but in your case they haven't.

The best solution to this problem at this point is :

File I290-B by paying $585 & along with the completed I-864.

They just want your money, there is nothing to be scared about.

She does not have to leave the country !....

GOOD LUCK !.....

HERE IS MY TIMELINE :

I-130 mailed 01/13/09

I-130 received by USCIS 01/16/09

NOA1 Mail for I-130 received 01/22/09

I-485 Package mailed 02/17/09

I-485 Package received by USCIS 02/20/09

NOA1 Mail for I-485 & I-765 received 02/26/09

NOA2 e-mail for I-130 Approval 03/03/09 (47 Days)

NOA2 Hard Copy of I-130 Approval received 03/07/09

Biometrics App. Mail Notice received 03/09/09 (App. Date 03/24/09)

NOTE : I DID NOT APPLY FOR I-131 (AP).

[KIMCORENE 0]

Normally they should have sent to you a RFE, but in your case they haven't.

The best solution to this problem at this point is :

File I290-B by paying $585 & along with the completed I-864.

They just want your money, there is nothing to be scared about.

She does not have to leave the country !....

GOOD LUCK !.....

HERE IS MY TIMELINE :

I-130 mailed 01/13/09

I-130 received by USCIS 01/16/09

NOA1 Mail for I-130 received 01/22/09

I-485 Package mailed 02/17/09

I-485 Package received by USCIS 02/20/09

NOA1 Mail for I-485 & I-765 received 02/26/09

NOA2 e-mail for I-130 Approval 03/03/09 (47 Days)

NOA2 Hard Copy of I-130 Approval received 03/07/09

Biometrics App. Mail Notice received 03/09/09 (App. Date 03/24/09)

NOTE : I DID NOT APPLY FOR I-131 (AP).

How do you know an RFE wasn't sent? Usually this letter follows an unanswered RFE, as cases don't go straight to removal proceedings. The OP needs to file to re-open and submit the correct form. If he really didn't receive an RFE, whether it was sent or not, then that strengthens his case. If he did receive one, but did not respond, or it got lost in the mail, or they failed to send one etc., USCIS is not going to accept responsibility either way.

Edited March 23, 2009 by KIMCORENE

[Cino 5]

We are talking about the same things, it does not matter what happened to RFE at this point.

Just file I290-B along with the I-864. If I were you I would write a cover letter too to explain this situation

before it gets really complicated.

GOOD LUCK !.....

[Old Dominion 26]

Once you have the NOA1 (receipt) from your new and expensive submission, she's legally in the U.S. pending their final decision.

[Chica Yeyé 41]

You have no timeline, so it is hard to "guess" exactly what part of the process you are talking about.

Posters have asked you if you got married within 90 dyas as the K-1 visa has to do; but you have yet to respond.

Your case seems pretty unique; so the more information you provide the better people can help.

As far as paying for your own mistakes, that is the way life works.

[jondi 0]

I understand that the mistake was on us. They asked for more information in january after i filed in November and I sent the wrong joint sponsorship form. I sent the I-134 instead of the I-864. I realize the mistake is on me. The question I have would it be better to refile everything all over from I-485 , employment, travel etc..... or try to file a motion?

I understand that the mistake was on us. They asked for more information in january after i filed in November and I sent the wrong joint sponsorship form. I sent the I-134 instead of the I-864. I realize the mistake is on me. The question I have would it be better to refile everything all over from I-485 , employment, travel etc..... or try to file a motion?

also yes we were married within the 90 days everything was perfect up to the point of them asking for more paperwork and I sent the wrong thing.

[KIMCORENE 0]

It is advisable to follow the instructions to file the motion to re-open, rather than file again for AOS- not only is it cheaper, but you may have issues by leaving this current case unresolved.

[Minya's wife 25]

I understand that the mistake was on us. They asked for more information in january after i filed in November and I sent the wrong joint sponsorship form. I sent the I-134 instead of the I-864. I realize the mistake is on me. The question I have would it be better to refile everything all over from I-485 , employment, travel etc..... or try to file a motion?

also yes we were married within the 90 days everything was perfect up to the point of them asking for more paperwork and I sent the wrong thing.

You're still not making sense. You filed in november, ok, what financial sponsorship form did you send at that time? The RFE came in January, and in your response you sent the I-134 instead of I-864, and now they've denied you....is that what you're saying?

I would file the motion to have the case re-opened. Re-filing everything would be more expensive, and not resolve the issue. Your basic eligibility for AOS is not in question....you just sent in the wrong forms. Your original AOS application would have not been denied if you had used the correct form.

[Eric-Pris 1,607]

So there was an RFE. They filed in November and received an RFE for I-864 in January. But he sent the wrong form. (How I can't figure out ) And that's why the denial.

If he has read the instructions either in November or January he wouldn't have any of these problems. So now, time to pay for your mistake.

[Craneman 2]

My Wife filed for adjustment of status. She is from Canada and come here on a k-1 visa. My income was not high enough to support my wife so my father was to be a joint sponsor with me. When I sent in his joint sponsor paper i sent the i-134 instead of the I-864. My wife received a letter saying now we have to make a motion and pay $585 more dollars because of 1 stupid form. It also says now she is illegally here and has 30 days to leave. At the same time it says she has 30 day to file the motion. How are you going to file a motion for 585 dollars and have the money to go back to canada in 30 days. The letter is contradictaory! What are we supposed to Do? I don't want to pay anymore money for something that may get denied anyways?

Can we refile everything and be ok, or whats the best thing to do and not have any removal procedures taken?

If anyone can help me please do because its down to about 25 days now!!!

Thanks and God Bless

she came on a K-1, so I'm assuming you got married w/in the pre-requisite 90 days right? when did you file for AOS? Having filed the I-134, instead of the I-864 would only trigger the issuance of and RFE, first, not outright denial. If you don't respond to an RFE, then they will deny the petition. Did you receive any RFE?

What exactly is the reason for the denial of the I-485?

When I filed the AOS I also sent an I-134 instead of the I-864 they just sent an RFE and I sent the proper form.