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Adelante

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

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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.

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Filed: Timeline

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.

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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.

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You should have gotten a RFE first. Did you?


AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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


OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

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Filed: Country: Mexico
Timeline

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.


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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