I-485 denied due to incomplete I-864. (came through k-1 visa)

[Adelante 0]

Hi vj members,

Really need your help again. You guys have done so before. I entered US on k1 visa on feb 4th. Applied for the AOS on March 6th. Had the fingerprint done and then got denied because of incomplete I-864. The I-864 was filed by the Joint sponsor. It was my mistake to not look at how he filled them because of the trust level. Obviously that messed it all up as I had recently received a very good job offer. It was cancelled as of yesterday. Now that the I-485 is denied, I have the ability to motion within 30 days.

The question is:

Do I file the I-290 b and wait for 6 months or do I file the I-485 all over again (considering my k1 expires on may 4th)?

Have you guys heard of any success of filing a I-290b?

Would appreciate any help from you guys.

Thanks.

[Sirdaniel42 86]

Your K-1 visa expires the moment you enter the US so the date is not important. Did you not file for a working permit(EAD) and travel permit(AP) at the same time as the I-485?

Maybe someone else on VJ can help you with the I-290b, good luck.

[Adelante 0]

I filed for the I-765 concurrently with the I-485. Didn't file for the AP as I didn't think it was necessary for me at this moment. The I-765 was denied on the same day as a result of the incomplete I-864.

[Sirdaniel42 86]

Did you and your co-sponsor both filed an I-864?

[Adelante 0]

Did you and your co-sponsor both filed an I-864?

Yes, both of us did. My wife filed the I-864a and the sponsor I-864. I believe he must have had a typo in the application. That is what I am assuming. But nonetheless, now focusing on moving forward. Just wanted to know would it be better for a i290 or filing i485 all over again.

Did you and your co-sponsor both filed an I-864?

Yes, both of us did. My wife filed the I-864a and the sponsor I-864. I believe he must have had a typo in the application. That is what I am assuming. But nonetheless, now focusing on moving forward. Just wanted to know would it be better for a i290 or filing i485 all over again.

[Harpa Timsah 13,258]

You should have gotten a RFE first. Did you?

[ceadsearc 515]

Your wife should have filed an I-864, not I-864A.

[KayDeeCee 4,891]

Yes, both of us did. My wife filed the I-864a and the sponsor I-864. I believe he must have had a typo in the application. That is what I am assuming. But nonetheless, now focusing on moving forward. Just wanted to know would it be better for a i290 or filing i485 all over again.

Your wife is the primary sponsor and needs to file an I-864, not an I-864A. If the joint sponsor is a family member that resides in the same house, then they could use the I-864A to combine their income with hers to meet the 125% level. If they do not reside in the same house, then the joint sponsor needs to fill out their own separate I-864. They both need to provide the most recent year's tax transcript, letter from employer and a few months worth of their most recent pay stubs. The joint sponsor also needs to provide proof of being a USC or LPR.