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Sarai21

Permanent Residency Denied in letter because of Affidavit

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Hello, I am coming to you guys for help, this forum helped me in the beginning with my Fiance Visa questions, well now I have several I will begin:

I won't make it too long so we sent my documents for adjustment of status after getting married when we were suppose to, everything was going well, got everything done in the time they wanted, the problems started with the affidavit form, we first sent the wrong form with my brother in laws info, we got a yellow letter saying to sent the right form and proper info and we sent the proper one but now with my husband's uncle information (he was our affidavit for my fiance visa) so we thought there wasn't going to be nay problems, then we got a pink letter saying they were requesting more info since my husband's uncle was missing like 9,000 dlls to meet the yearly income since he adopted 5 kids since last year, so his household grew, the pink letter was requesting assets of his OR get a new joint sponsor, he at the time couldn't give us that documentation since he had legal stuff of his own to take care of so we decided to just sent all the info but with a NEW joint sponsor, all this time with the back and the forth they give you a certain amount of days, we sent the new joint sponsor info like 1 week before the deadline, it did make it in time, this time it was my husbands best friend he owns a company, he actually brought a few years ago his wife from Mexico too and this year hi brought his mother in law, so he has never had problems with these types of documents BUT he didn't put assets either since he makes more than enough yearly, ok, well that was 2 months ago, last week I received a letter saying NOTICE OF DECISION saying:

"Upon consideration, it is ordered that your application to register permanent status form I-485 that you filed on march 23 2016, pursuant to Section 245 of the Immigration and nationality Act INA, be denied for the following reason:

The evidence submitted with your application on march 23 2016 was not sufficient to establish your eligibility for the benefit sought"

Then it goes listing all the stuff I submitted every single time then on the last page (it's 3 pages) 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 this decision is without prejudice to future applications file with the appropiate USCIS office. If you desire to file a motion you must do so in form I-290B within 30 days from the date of this notice.

Which is until October 11th, OK so my questions are:

1. What is my best option? File a Motion or Re-file form the beginning and pay the 1,000 dlls again?

2.In case I do re-file (start over) what do I do about my passport expiring? and medical test?

I have no money for a lawyer I rely on you guys to help me out once again

PS. We have assets to send from the last affidavit we used, my time frame just ended so we couldn't sent it and the affidavit part does say OPTIONAL, but

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Unfortunately, if you fail to respond to an RFE properly, they will deny you. They were nice (by USCIS standards) and gave you three chances. Each time apparently you failed to send in a suitable affidavit.

You MUST show evidence that you qualify for this, per the instructions. I would just start again. But this time, make SURE you have a suitable affidavit. If you don;t understand the requirements there might be cheap or free legal services to help you, like Catholic Charities. Good luck.


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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Thank you Harpa Timsah, I know it's just the affidavit, when we found the right one my time ended, I have heard about Catholic charities I actually have links and a number to call, I just wanted a few questions answered fist, so I won't get deported? can I renew my passport here in San Diego?

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You don't need a valid passport for AOS; but if you want to renew it you have to check the procedures with the Mexican embassy in the US. Don't leave the country.

You are currently out of status but you won't be deported because you are eligible for AOS.


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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