Application Declined

[JDV 0]

Married to Russian and her green card and status is fine. Her son's application I-485 application was declined due to not attaching an I-864. They are now informing me that my application is declined and my stepson is facing deportation hearing.

 

It further states that I may not appeal this decision but if ordered to a hearing I may have an opportunity to renew my application.

 

Does anyone have any advice on what I should do now to get my stepsons application back on track. I seriously doubt that he is going to be deported but its upsetting to his mother.

 

Thanks in advance.

[Crazy Cat 39,222]

I would immediately get a consultation with an attorney, and I would certainly prepare a valid I-864.  If his I-485 was declined, he is currently in unlawful presence, imo.

Edited January 3, 2019 by missileman

[geowrian 22,335]

10 minutes ago, missileman said:

I would immediately get a consultation with an attorney, and I would certainly prepare a valid I-864.  If his I-485 was declined, he is currently in unlawful presence, imo.

And if the petitioner is an LPR, unlawful presence is a bar for a new I-485.

Edit: Who exactly is the petitioner for the child? A USC or LPR?

 

I agree with seeking an attorney.

One option is a Motion to Reopen/Reconsider (MTR). That way the initial I-485 remains intact and the unlawful presence shouldn't be an issue.

Edited January 3, 2019 by geowrian

[Crazy Cat 39,222]

1 minute ago, geowrian said:

And as an LPR petitioner, unlawful presence is a bar for a new I-485.

 

I agree with seeking an attorney.

One option is a Motion to Reopen/Reconsider (MTR). That way the initial I-485 remains intact and the unlawful presence shouldn't be an issue.

Makes sense......Thanks.

[Ksenia_O 695]

28 minutes ago, JDV said:

Married to Russian and her green card and status is fine. Her son's application I-485 application was declined due to not attaching an I-864. They are now informing me that my application is declined and my stepson is facing deportation hearing.

 

It further states that I may not appeal this decision but if ordered to a hearing I may have an opportunity to renew my application.

 

Does anyone have any advice on what I should do now to get my stepsons application back on track. I seriously doubt that he is going to be deported but its upsetting to his mother.

 

 

Thanks in advance.

Sorry to hear that....

 

I believe, you'd have to file a new I-485 . Unfortunately.

 

I'd also advise to submit  I-131 & I-765 along with son's I-485  - these two are fee waived  if submitted along with I-485. but the boy can have his SS#, once  his I-765 arrives.

 And since it wouldn't be concurrently filed with the primary beneficiary's I-485 you'd have to pay the full fee.. 

 

Don't forget I-864. Also attach  NOA-2 of your  I-129F,  along with his mother's I-485 approval.

 

Hope everything will work out this time - good luck!

Edited January 3, 2019 by Ksenia_O

[geowrian 22,335]

3 minutes ago, missileman said:

Makes sense......Thanks.

I edited to confirm the status of the petitioner. The wording of the post implied to me that the petitioner is an LPR, but it could be read otherwise (given their timeline and that this is posted in the AOS from K-1 forum).

If the petitioner is a USC then unlawful presence isn't an issue for a new I-485.

Edited January 3, 2019 by geowrian

[Ksenia_O 695]

3 minutes ago, geowrian said:

And if the petitioner is an LPR, unlawful presence is a bar for a new I-485.

Edit: Who exactly is the petitioner for the child? A USC or LPR?

 

I agree with seeking an attorney.

One option is a Motion to Reopen/Reconsider (MTR). That way the initial I-485 remains intact and the unlawful presence shouldn't be an issue.

It says K1 on OP's timeline. So, I 'd think he is a US citizen. His wife - a beneficiary, a K1 , and now is an LPR.

[Crazy Cat 39,222]

1 minute ago, geowrian said:

I edited to confirm the status of the petitioner. The wording of the post implied to me that the petitioner is an LPR, but it could be read otherwise (given their timeline and that this is posted in the AOS from K-1 forum).

If the petitioner is a USC then unlawful presence isn't an issue for a new I-485.

So, a new I-485 should be submitted now, correct?

[Ksenia_O 695]

Just now, missileman said:

So, a new I-485 should be submitted now, correct?

that's right. And I'd do it ASAP.

Edited January 3, 2019 by Ksenia_O

[Crazy Cat 39,222]

1 minute ago, Ksenia_O said:

that's right. And I'd do it ASAP.

My thoughts exactly.

[JDV 0]

Thanks everyone. The boys mother is here legally with a green card and ssn. He came later and his paperwork was processed separately. 

[geowrian 22,335]

3 minutes ago, JDV said:

Thanks everyone. The boys mother is here legally with a green card and ssn. He came later and his paperwork was processed separately.  

Who is the petitioner? The mother? Or somebody else (a US citizen)?

On what visa did he enter the US with?

Edited January 4, 2019 by geowrian

[payxibka 10,044]

Just now, geowrian said:

Who is the petitioner? The mother? Or somebody else (a US citizen)?

On what visa did he enter the US with?

Must be a k2 follow to join.  Nothing else really makes sense 

[Ryan H 3,790]

***Hijack post and replies to said post removed; if you have your own question, you need to start your own thread.***

[geowrian 22,335]

31 minutes ago, payxibka said:

Must be a k2 follow to join.  Nothing else really makes sense 

Assuming the OP's timeline is accurate (up to when they stopped updating it), the K-1 was issued in 2011. Meaning a K-2  would have had to been issued in 2012. So why only now is there an I-485 denial?

Or the timeline doesn't align their question, in which case we don't know if the wife even came on a K-1.

Either way, some clarity would be nice.