K1/AOS - Denied for abandonment

[Sheraf 0]

Hi,

 

I entered the U.S. on a K1 visa, got married and applied for the AOS, received an RFE for not meeting the 125% of poverty guidelines and failed to respond in time.

I couldn't gather the evidences needed, such as a joint sponsor or assets, I responded (too late) with a letter explaining how since it is now over 6 months we are married, I could add my incomes to the household, bringing it over the 125% poverty guidelines, I am self employed and all I could use as proof were my statements, I don't get any pay stubs and haven't filled my tax returns yet.

 

Anyways, too late, resulting in a denial for abandonment.

 

I'm a bit confused about what I should do now, what I'd like to do is re-apply right after getting my tax return (so I can prove my incomes), am I allowed to re-apply directly?

Here is the part of the letter I received that confuses me about what I should do now:

 

"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, thus decision is without prejudice to future application filed with the appropriate USCIS office.

 

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 by mail). The motion shall be filed on Form I-290B, together with the current fee and mailed to:......."

 

Thank you for your time.

 

[Ben&Zian 4,399]

Sounds like you should gather everything together and simply resubmit it. The motions thing is an appeal and I hear doing those with USCIS is worthless and expensive.

[Ontarkie 14,977]

You didn't respond in time nothing to appeal. 

File again

[Sheraf 0]

Am I actually allowed to file again?

Will I not be placed for removal after these 33 days?

[LionessDeon 2,060]

Refile.  If you are placed in removal proceedings then refiling would help.  Not sure what other choice there is, unless you want to leave.

Edited February 14, 2017 by LionessDeon

[Ontarkie 14,977]

Yes you can file again. Just make sure to add everything to this package.