I-485 Denied. What do i do?

[Eusebiu 0]

Good morning and Happy Holidays!

 

I'm Eusebiu and i just received the notice of decision from USCIS saying my wife's application for AOS got denied. The reason for denial is the USCIS considers my application abandoned and, therefore, denies it. 

Here's a little background:

        Back in April my wife applied to AOS from visitor. I have submitted the package but somehow left out my(the sponsor) evidence of current income. I have no idea how that happened but it's obviously my fault. 

        After 2-3 months we start calling the USCIS military contact number to see what is going on with the case because nothing was being updated when i was checking the case status online. Every time i called they told me that the case is still in the time window that they allow and that i shouldn't worry and just wait. They would let me know if something else is needed. I mention that together with this is filed the i130 and the i765. Fast forward to november, after numerous calls and daily online check for status on all the cases, i get elevated to a lvl 2 officer that tells me that back in august they issued a RFE and that being november, my 87 days passed. He submitted an inquiry after i told him that i have never received the RFE. Last week, Dec 20 i checked online and it was saying for the first time that the case was denied. After getting on the phone with them they told me that inquire(service request) hasn't even been assigned to an officer. 

 

      The letter says that i may not appeal this decision, but i can file for a motion to reopen or a motion to reconsider using FORM i290B.  It also states that the evidence of record shows that, my wife was lawfully present in the United States when she filled for her AOS but her authorized stay period has expired. 

 

      Long story short: What do i do? Do i file the i290B? If so, can i send my income papers (the only ones they were missing) to be added to the application? If not, the outcome will be the same. Also, i've been reading about the option to file for another AOS. Is that true? Please help me out! I am desperate and losing my mind. Not the best holidays, for sure! 

 

Thanks you in advance, 

Eusebiu

[lummo 61]

27 minutes ago, Eusebiu said:

Long story short: What do i do? Do i file the i290B? If so, can i send my income papers (the only ones they were missing) to be added to the application? If not, the outcome will be the same. Also, i've been reading about the option to file for another AOS. Is that true?

The consensus from the following Avvo link is to file a new AOS: https://www.avvo.com/legal-answers/can-i-submit-motion-of-reopen-after-denied-i-485---2003957.html Also, any unlawful presence by immediate relatives of USCs is not considered at I-485 adjudication.

[Eusebiu 0]

Actually, after some more research ( that's all i've been doing for the past month) i realized that my i130 is not approved yet either. It says: 

Quote

On April 5, 2018, we received your Form I-130, Petition for Alien Relative, Receipt Number MSCxxxxxxxxx, and sent you the receipt notice that describes how we will process your case. Please follow the instructions in the notice. If you do not receive your receipt notice by May 5, 2018, contact the USCIS Contact Center at www.uscis.gov/contactcenter. If you move, go to www.uscis.gov/addresschange to give us your new mailing address.

But nothing else came after it... I'm so lost... I scheduled an InfoPass Appointment for the second week of January. Hopefully i get more info then.

[Dashinka 23,243]

Is Dec 20th that actual date of the denial?  I believe you have 30 days to file the I290B along with the missing information.  The other option is to start again and make sure you submit all the required information for all the forms.

 

Good Luck!

[lummo 61]

16 minutes ago, Eusebiu said:

Actually, after some more research ( that's all i've been doing for the past month) i realized that my i130 is not approved yet either.

You can send the new AOS with a copy of the I-130 receipt notice to the Chicago Lockbox.

[NikLR 13,220]

They didn't wrongfully deny you.  You can file a new AOS

[Eusebiu 0]

52 minutes ago, NikLR said:

They didn't wrongfully deny you.  You can file a new AOS

Never said they wrongfully did. I know it was my fault for not sending those papers. I thought i did. My question is, what would the best course of action be? New AOS or try to reopen my case? 

 

Thank you all for the replies. There seems to be light at the end of the tunnel. 

[USC4SPOUSE 506]

I would reach out to your US Senator(s), Congressperson and I would definitely inform the Ombudsman about your case. 

[Eusebiu 0]

Just now, USC4SPOUSE said:

I would reach out to your US Senator(s), Congressperson and I would definitely inform the Ombudsman about your case. 

Already contacted the Congressman but got a reply saying to expect delays due to high volume. I will try the Senator. What can the Ombudsman do in this case? 

[USC4SPOUSE 506]

9 minutes ago, Eusebiu said:

Already contacted the Congressman but got a reply saying to expect delays due to high volume. I will try the Senator. What can the Ombudsman do in this case? 

They can help you, as well. The Ombudsman keeps USCIS on their toes. Your case appears to be USCIS error. They issued an RFE that you never received and they denied your case. Inform the Ombudsman. https://www.dhs.gov/case-assistance

 

Congresspersons do not have as much clout as US Senator(s). Try them, as well. 

 

None of this is a substitute for following procedure or filing a Motion to Reopen, or filing brand new AOS application, etc. However, you should at least inform the Ombudsman of this USCIS error

Edited December 25, 2018 by USC4SPOUSE

[lummo 61]

9 minutes ago, USC4SPOUSE said:

I would reach out to your US Senator(s), Congressperson and I would definitely inform the Ombudsman about your case. 

Why? For the I-130? USCIS received it in April, so still within normal processing time. For the I-485? It's already denied and they can't force USCIS to overturn the decision; https://www.dhs.gov/case-assistance:

Quote

The Ombudsman does not have the authority to make or change USCIS decisions.

IMO, a new AOS is the clear path.

Edited December 25, 2018 by lummo

[Eusebiu 0]

3 minutes ago, lummo said:

Why? For the I-130? USCIS received it in April, so still within normal processing time. For the I-485? It's already denied and they can't force USCIS to overturn the decision. IMO, a new AOS is the clear path.

It seems to be the best way. I was just worried about the i-130 still being pending with no outcome yet. 

[USC4SPOUSE 506]

8 minutes ago, lummo said:

Why? For the I-130? USCIS received it in April, so still within normal processing time. For the I-485? It's already denied and they can't force USCIS to overturn the decision. IMO, a new AOS is the clear path.

https://www.dhs.gov/sites/default/files/publications/DHS Annual Report 2018.pdf

[NikLR 13,220]

Okay so you would file thr motion to reopen if there was a specific reason they should.  There isnt. You messed up and need to send the AOS again. 

As for the I-130, i always understood thry were adjudicated together but i may be wrong. I didnt adjust status. 

[lummo 61]

8 minutes ago, USC4SPOUSE said:

https://www.dhs.gov/sites/default/files/publications/DHS Annual Report 2018.pdf

From the PDF: "adjudication issues are a matter of discretion, and USCIS may not change its decision after an Ombudsman inquiry."