Help needed, Denied I-485

[murrellal 0]

I assume that you have heard this saying: A man who represents himself has a fool for a client.

I'm guessing an attorney said that. Not everyone has the money to throw at an attorney. It's common sense advice, but should never be the only advice for any forum since most come here for free advice in the first place! Heck, I'm way above the poverty line and still can't afford an attorney.

Good luck! I'm about to file for my wife and posts like these scare the heck out of me!

Yeah, I really didn't think it would happen to me. I called them after the RFE to make sure I satisfied them and they said it has now cleared... Yeah, deniad. I was already to send in a joint sponsor I-864.

I really don't think I need an attorney, because it says I have the right to file a I-290B which i will submit with the new joint sponsor I-864, but I am using the free legal aid to see if they can reopen my case without costing me $585.

[murrellal 0]

Sorry about all the spelling errors. I am typing fast and I need to proofread before I post it. I can't find the edit link...

[walls1010 3]

i think you will be fine as soon you sumbit the filled co-sponsor form.

[Brettanne 1]

Thanks everyone. A good nights sleep helps a lot, but I we did a lot of tossing and turning.

It says "You have failed to establish your eligibility for the benefit sought. Accordingly, the application must be, and hereby is, denied." Then it says "There is no appeal to this decision. However, if you are placed in removal proceedings, you may be able to renew this application in such proceedings before an Immigration Judge. Furthermore, the decision is without prejudice to future applications filed with the appropriate USCIS office." Followed by "If you desire to file a motion, you must do so on Form I-290B within 30 days from the date of this notice, (33 days if this notice was received buy mail). The motion shall be filed on form I-290B, together with the current fee and mailed to"....

I will go ahead and make an infopass appointment now. Does anyone have any experience or suggestion with any government official in Oregon? Whta really gets my blood going is, it says my WIFE is "now present in the United States in violation of the law." "You are required to depart the United States within thirty (30) days from the date of this decision, or be subject to removal proceedings. Remaining in the United States beyond this time will affect your ability to return to the United States." Just typing that elevated my heart rate. Time to go to the gym and trow some weights around and hit cardio hard.

Overall, I am just shocked. I need to stay in action and not give up.

How much did you actually made last year? If you dont mind, because im going to file for my wife this month.

[It's me 1]

sorry

[murrellal 0]

I made 9,000 last year. My situation is that I want to keep my adjusted gross income low to avoid a high tax bracket. I do that by investing in my business, in items that improve sales. Increasing sales, then I can grow and hire more people, etc... Plus, I hit the 11 year mark so I had to repurchase a lot of restaurant equipment. I don't have many assets besides my restaurant because I went through a divorce over three years ago. Had to give absolutely everything away to keep my business.

The fear is gone now and I now have knowledge and faith. I am ready to fight this now. My head is clear and I am starting to build a game plan thanks to everyone on here and a lot of due diligence. Since I am so-called poor, I have contacted free immigration legal aid.

The USCIS issued her a K-1 visa and required us to both have signed intentions of marriage before they gave her the visa. They gave us permission to get married. It has gone from being a devastating denial letter to a journey, just like the k-1 visa, that can bring us even closer together.

Edited May 16, 2009 by murrellal

[I AM NOT THAT GUY 5,715]

First make INFOPass ASAP to talk to IO about this situation. If you can not get a satisfactory answer,

File 290-B ASAP. USCIS likes the 2nd option bc they can make more money out of you ($585).

Also keep in your mind, IO (@INFOPass APP.) at your local office does not have an authority &

hence can not change any decision made by an Adjudicating Officer @ NBC in MO.

When you get NOA for 290-B, your wife will be safe & She does not have to leave the country;

Case will be re-opened & resumed from wherever was left off.

In the mean time, find your Co-sponsor. Btw, you don't need a lawyer.

They just do paper work & charge like $ 3,000 -$ 5,000 ridiculous prices.

GOOD LUCK !.....

Don't play around. Go see a lawyer. Most lawyers will give you a free consultation long enough to tell you your options. Go see several, as long as the consultation is free, and pick the best option. Go now. Go on Monday. Go soon. Don't hesitate, because options close quickly. I am not a lawyer, nor do I play one on VJ.

[john & jean 37]

First make INFOPass ASAP to talk to IO about this situation. If you can not get a satisfactory answer,

File 290-B ASAP. USCIS likes the 2nd option bc they can make more money out of you ($585).

Also keep in your mind, IO (@INFOPass APP.) at your local office does not have an authority &

hence can not change any decision made by an Adjudicating Officer @ NBC in MO.

When you get NOA for 290-B, your wife will be safe & She does not have to leave the country;

Case will be re-opened & resumed from wherever was left off.

In the mean time, find your Co-sponsor. Btw, you don't need a lawyer.

They just do paper work & charge like $ 3,000 -$ 5,000 ridiculous prices.

GOOD LUCK !.....

have you visited the noob thread yet?????????

[payxibka 10,044]

The USCIS issued her a K-1 visa and required us to both have signed intentions of marriage before they gave her the visa. They gave us permission to get married. It has gone from being a devastating denial letter to a journey, just like the k-1 visa, that can bring us even closer together.

No they did not.... The sooner you understand this the better you will be when you attempt to argue your case. The USCIS is NOT bound to the financial review performed by the DOS. The financial capability was reviewed by the Department of State by the consulate and the consulate issued the K-1, two very different agencies with two different adjudication standards. You are now being asked to meet a differernt standard for the greencard...

Edited May 16, 2009 by payxibka

[sjr09 155]

What is the reason why your wife's AOS was denied? Make an infopass appointment as soon as possible, it is better to talked to them in person rather than calling them on the phone.

'

His AGI was low, when you have your own biz they don't look at you as a 9-5'er Your Gross income will not work...

[sjr09 155]

I assume that you have heard this saying: A man who represents himself has a fool for a client.

I'm guessing an attorney said that. Not everyone has the money to throw at an attorney. It's common sense advice, but should never be the only advice for any forum since most come here for free advice in the first place! Heck, I'm way above the poverty line and still can't afford an attorney.

Good luck! I'm about to file for my wife and posts like these scare the heck out of me!

Yeah, I really didn't think it would happen to me. I called them after the RFE to make sure I satisfied them and they said it has now cleared... Yeah, deniad. I was already to send in a joint sponsor I-864.

I really don't think I need an attorney, because it says I have the right to file a I-290B which i will submit with the new joint sponsor I-864, but I am using the free legal aid to see if they can reopen my case without costing me $585.

I'm in the same boat as you my 2008 AGI is low so I'm going with the Joint Sponsor. I'll save you some money my attorney told me to do the joint not co-sponsor with a projected income letter for 2009 Good Luck

[I AM NOT THAT GUY 5,715]

What is the reason why your wife's AOS was denied? Make an infopass appointment as soon as possible, it is better to talked to them in person rather than calling them on the phone.

'

His AGI was low, when you have your own biz they don't look at you as a 9-5'er Your Gross income will not work...

I have been self employed for 17 years. AGI worked for me! I just had to show three years of returns with my I-134 for USEM, and my latest return with my I-864 for her AOS. Something is messed up. See a lawyer.

[sjr09 155]

What is the reason why your wife's AOS was denied? Make an infopass appointment as soon as possible, it is better to talked to them in person rather than calling them on the phone.

'

His AGI was low, when you have your own biz they don't look at you as a 9-5'er Your Gross income will not work...

I have been self employed for 17 years. AGI worked for me! I just had to show three years of returns with my I-134 for USEM, and my latest return with my I-864 for her AOS. Something is messed up. See a lawyer.

Years of self employment don't count I have 21 they don't care!! if you have a low AGI they can tell you sorry you had a bad year.

[murrellal 0]

The USCIS issued her a K-1 visa and required us to both have signed intentions of marriage before they gave her the visa. They gave us permission to get married. It has gone from being a devastating denial letter to a journey, just like the k-1 visa, that can bring us even closer together.

No they did not.... The sooner you understand this the better you will be when you attempt to argue your case. The USCIS is NOT bound to the financial review performed by the DOS. The financial capability was reviewed by the Department of State by the consulate and the consulate issued the K-1, two very different agencies with two different adjudication standards. You are now being asked to meet a differernt standard for the greencard...

Thanks for the information. First step is to see an attorney that the immigration legal aid will appoint. Then go from there.

Jumping ahead... If it did come down to her getting taken, i would contact every local news agency and state representative and blow this story up. Problem is, every couple that is going through this process is unique and we have our own situation. USCIS needs to understand this. They need to hire competent people that can think outside the box and have the rules to allow their employees to do this.

I am just saying that the person who denied my I-485 did not look at the whole picture and when my assets where denied, did not give me chance to send in a joint sponsor's I-864. They expect me to fork over $585 and I may but for now, the government will be paying for this "under poverty level" couple by giving us free legal aid. Hopefully the attorney will see this and contact the person who denied my case. But now one step at a time...

[murrellal 0]

I'm in the same boat as you my 2008 AGI is low so I'm going with the Joint Sponsor. I'll save you some money my attorney told me to do the joint not co-sponsor with a projected income letter for 2009 Good Luck

Thanks for the good luck, i will need it.