I-485 rejected

[Anand Jayalal 0]

I'm a canadian citizen working in US on TN permit and my wife is US citizen.  We filed the I-130, 485, 765 and 131 together to Chicago lockbox.  They send me a request to file I-864 and to send my birth certificate.  I inadvertently missed to include my birth certificate on the package back to them.  When i realized this i called the customer rep and asked if i can just send the doc but the rep advised against it since i woulndt have the original request letter sent by USCIS and they they'll contact me back if they need something.  Now I got a rejection letter stating I did not provide the birth certificate.  The rejection letter says I cannot appeal the decision but i have an option to file a motion I-290B.

 

My question is, how can I provide this additional info and reopen my application.  Should I file the motion or do the whole application all over again?  What about the initial fees I paid, would that be applied against my new application?  How about the medical, do i need to do that again?

[geowrian 22,336]

If your AOS was rejected, then they will send the packet back to you, including the payment. If it was denied (accepted then denied), then they will send you a denial letter. In all likelihood, they rejected your application.

 

I would suggest 1) Confirming that your application was rejected (not denied), and 2) if so, refiling that packet (with the fixes).

 

If it was actually accepted and then denied, honestly it's probably better to just re-file than to file an MTR (Motion To Reopen).

 

The medical is valid for 1 year. If it's still within 1 year when you refile, then you don't need to send a new one.

[Anand Jayalal 0]

Thank you for the response.  The letter says denied and I did not get the original filing fees back.  I dont have a problem in reapplying and paying the fees again, but trying to find out from similar experienced folks on what they did and the best alternative.

 

My medical is still within one year period.

[geowrian 22,336]

1 minute ago, Anand Jayalal said:

Thank you for the response.  The letter says denied and I did not get the original filing fees back.  I dont have a problem in reapplying and paying the fees again, but trying to find out from similar experienced folks on what they did and the best alternative.

 

My medical is still within one year period.

Ah, I think I misread your original post, sorry. So they sent you an RFE/RFIE requesting the I-864 and BC, and you only sent the I-864. Then yeah, it would have been denied (not rejected).

 

Medical is fine then.

 

Best wishes!

[Suss&Camm 2,213]

7 minutes ago, Anand Jayalal said:

Thank you for the response.  The letter says denied and I did not get the original filing fees back.  I dont have a problem in reapplying and paying the fees again, but trying to find out from similar experienced folks on what they did and the best alternative.

 

My medical is still within one year period.

This is very strange. It sounds to me like maybe there was an rfe missed somewhere. They normally don't deny without requesting and not receiving the requested documents.

1 minute ago, geowrian said:

Ah, I think I misread your original post, sorry. So they sent you an RFE/RFIE requesting the I-864 and BC, and you only sent the I-864. Then yeah, it would have been denied (not rejected).

 

Medical is fine then.

 

Best wishes!

Ooh. ..yea that makes sense... I misread the same way. 

[Anand Jayalal 0]

Thank you.  So the suggestion is to reapply?

 

Just to add, I have made an appointment with the local Long Island field office in two weeks to ask these same questions.  Do you think I'll be able to produce the missing evidence there and get my initial application rolling again?  I'm concerned about the added delay of reapplying.

[Suss&Camm 2,213]

9 minutes ago, Anand Jayalal said:

Thank you.  So the suggestion is to reapply?

 

Just to add, I have made an appointment with the local Long Island field office in two weeks to ask these same questions.  Do you think I'll be able to produce the missing evidence there and get my initial application rolling again?  I'm concerned about the added delay of reapplying.

I would suggest reapplying yes.  I have seen one other occasion here on vj where a similar thing happened and the person's lawyer went to the office and was able to supply the missing doc and re-open. This was recent, don't remember where but It's obviously not impossible. You could try that first and explain and see what happens. It was not clear what the lawyer had said in the other case.

If it works great, if not reapply.

[geowrian 22,336]

I concur with above. If you get somewhere with the appointment, great. But otherwise, I'd suggest just refiling.

[Anand Jayalal 0]

Thank you both for the help.

 

I have another question regarding birth certificate itself.  In India where I'm from, the name of newborns are usually not determined before birth (atleast back in those days) so my birth certificate does not have my name on it, just the DOB and my parents name is there.  

 

Have anyone of Indian origin came across this scenario and submitted the birth certificate successfully without the name on it?

[Anand Jayalal 0]

Just to add - the I-130 is still in pending status, but 485 is denied.  If and when I reapply, do I need to resubmit the 130 as well?  Or just the 485 and the fees for it?

[geowrian 22,336]

6 minutes ago, Anand Jayalal said:

Just to add - the I-130 is still in pending status, but 485 is denied.  If and when I reapply, do I need to resubmit the 130 as well?  Or just the 485 and the fees for it?

Just the I-485 (+fees & supporting documentation). Also send a copy of the I-130's NOA1 as proof of that there is an immigrant visa number immediately available (the basis for filing the I-485).

 

Edit: To clarify, this means sending the I-131 + I-765 for AP + EAD, and sending an I-864 as well. All of these are associated with the I-485.

Edited August 1, 2017 by geowrian

[Anand Jayalal 0]

Thank you.  Yes, i'll be sending all the associated forms and docs associated with 485.  I didn't think of the 130 NOA1, but thanks for the reminder.

[f f 725]

bummer.

 

resend the i485 along with new documents for everything it calls for. assume it will not use any documents you sent with the i130.

[Going through 5,668]

8 hours ago, Anand Jayalal said:

I have another question regarding birth certificate itself.  In India where I'm from, the name of newborns are usually not determined before birth (atleast back in those days) so my birth certificate does not have my name on it, just the DOB and my parents name is there.  

I haven't personally had to deal with this myself.  I do know from older relatives that it is common in India.  ...er, not saying you are old.

 

Anyhow..you can get the name added to the birth certificate after the naming ceremony, for a fee (although I have heard rumors that there was a cut-off year for this, can't remember the year, sorry!).  If you don't want to do that (or cannot anymore depending upon how old you are...um, again, really not calling you old), you can get affidavits from your parents and have those notarized.  Nowadays, I think---or at least I *hope*---that nowadays USCIS has become used to seeing Indian birth certificates with no name listed.

[Anand Jayalal 0]

Thank you all for the responses. I'll wait two weeks for my field office appointment and if they cannot do anything about amending the missing evidence and reopening my case, i'll just file the 485 and connected forms all over again.