I 485denied. Can I get work visa or something instead?

[Minori 111]

And do I have to get denial notices before refile? 

I called many times but can’t know and any notices even requested online. I spent 2months for that. 

[confusedshoes 193]

Hi Minori, I am Confusedshoes' Husband,

 

I feel like if it's not too much of a hardship then you should just go back to Japan for now, you can file a CR-1 later when the financial situation is fixed by returning it alleviates some financial responsibility off him and you would be able to work in Japan to help. A Japanese passport still allows you to visit. I just hope that if you do choose this path that you alone wont be paying for everything. Your husband's lack of effort is very concerning, I would even go as far as to say he conned you into this life. If you go back to Japan you will have friends and family there for emotional support at the very least. Before you go I would go to the Japanese Consulate in Hawaii and talk to them about the situation and see if they have any free help. I know here in San Francisco there are programs set up to help with tricky situations like this one. 

 

Edited September 30, 2019 by confusedshoes

[JFH 12,189]

Indeed the husband’s lack of involvement is very concerning. You are supposed to be the one person he lives more than anything else on this whole planet and beyond. The person he would die for, if necessary. The person he would give everything to be with. My husband wanted to sit in the lobby at USCIS Nebraska when we filed our I-130 so that he could ask them every day “please can you approve it today? I need my wife here with me”. OP’s husband sounds very apathetic about the whole thing. One wonders if he even cares that she could be deported soon. 

[Minori 111]

22 minutes ago, confusedshoes said:

Hi Minori, I am Confusedshoes' Husband,

 

I feel like if it's not too much of a hardship then you should just go back to Japan for now, you can file a CR-1 later when the financial situation is fixed by returning it alleviates some financial responsibility off him and you would be able to work in Japan to help. A Japanese passport still allows you to visit. I just hope that if you do choose this path that you alone wont be paying for everything. Your husband's lack of effort is very concerning, I would even go as far as to say he conned you into this life. If you go back to Japan you will have friends and family there for emotional support at the very least. Before you go I would go to the Japanese Consulate in Hawaii and talk to them about the situation and see if they have any free help. I know here in San Francisco there are programs set up to help with tricky situations like this one. 

 

 

5 minutes ago, JFH said:

Indeed the husband’s lack of involvement is very concerning. You are supposed to be the one person he lives more than anything else on this whole planet and beyond. The person he would die for, if necessary. The person he would give everything to be with. My husband wanted to sit in the lobby at USCIS Nebraska when we filed our I-130 so that he could ask them every day “please can you approve it today? I need my wife here with me”. OP’s husband sounds very apathetic about the whole thing. One wonders if he even cares that she could be deported soon. 

I know I have friends in Japan more than here but going to Japan is too hard for me and my son because of my age to have job is really hard. And for my son, he has to struggle to catch up for 2years and kids can’t go to high school without passed the exam in Japan. I make money from Japan now, and my son finally began to enjoy his school with his friends here. It’s not that easy to go back to Japan and no family there. 

[Minori 111]

I made a list of required documents. 

Is this enough? 

 

For each (me and son) 

 

●I-485 and 2photos for each 

●I-765 and 2photos for each

●I-131 and 2photos for each

●I-864 for each

●I-94 for each

●G1145 for each

 

●Birth certificate and translation for each 

 

●Bank statements of co-account 

●Medical insurance documents both of you and my name on 

●Whatever our name on it together such as T-Mobile bills and rent documents 

●proof of relationships photos and cards

 

●2018 W2

●2018 tax return 

●paystubs of 6 months

●Employment Certificate 

 

 

 

 

 

[Just Paul 4,591]

1 hour ago, Minori said:

My husband doesn’t have any friends to rely on so he had to ask his brother who make more money than my husband. I have never seen his brother. I think my husband should have told his brother that it was not that huge responsibility but only for 90days until fiancé visa expired. 

 

If a cosponsor was needed for a K1 then you and your husband should have realized that a joint sponsor would be needed for the AOS especially if your husband isn't willing to get a job.

1 hour ago, Minori said:

So thinking to refile. 

Only file when you are ready, noting you and your son are out of status until you file.  Do not refile unless you have everything together and correct.    If your I-864s are correct you can expect that you will get the EADs.

1 hour ago, Minori said:

I got married April 15, 2018. 

I might get 10 years greencard? 

Do not attempt to "time" your filing.   You are already very out of status.  You do not need your husband, or to even still be married, to file ROC.

 

 

You can update your address on USCIS online

 

When you refile you need to make sure your medical is current.

Edited September 30, 2019 by Paul & Mary

[Minori 111]

9 minutes ago, Paul & Mary said:

If a cosponsor was needed for a K1 then you and your husband should have realized that a joint sponsor would be needed for the AOS especially if your husband isn't willing to get a job.

Only file when you are ready, noting you and your son are out of status until you file.  Do not refile unless you have everything together and correct.    If your I-864s are correct you can expect that you will get the EADs.

Do not attempt to "time" your filing.   You are already very out of status.  You do not need your husband, or to even still be married, to file ROC.

 

 

You can update your address on USCIS online

 

When you refile you need to make sure your medical is current.

My husband changed his job and his income is enough above the 125% poverty line now. 

 

I don't wait for the time to refile but just wondered that because tomorrow is October and takes 6 months at least. 

 

I need medical exam before interview because i entered with K1and the medical was February in 2018. Expired already. 

 

 

Edited September 30, 2019 by Minori

[iwir 337]

40 minutes ago, Minori said:

make money from Japan now, and my son finally began to enjoy his school with his friends here

@Minori, I don't want to burst your bubble. But when you're out of status the last thing you do is breaking the law. Working even remotely while you don't have authorization to work in the US is illegal. I suggest you not to do it

[Minori 111]

6 minutes ago, iwir said:

@Minori, I don't want to burst your bubble. But when you're out of status the last thing you do is breaking the law. Working even remotely while you don't have authorization to work in the US is illegal. I suggest you not to do it

I think it’s not illegal as long as I pay tax in Japan or USA later when I get EAD. But I will look into that. Thank you. 

[geowrian 22,335]

5 minutes ago, Minori said:

I think it’s not illegal as long as I pay tax in Japan or USA later when I get EAD. But I will look into that. Thank you. 

Taxes and authorization to work are 2 entirely separate things.  Many people people who have overstayed (w/o the ability to file for AOS) or even entered illegally pay taxes. You have to declare the income on your US taxes either way.

That said, if the work is remote work and being paid into a foreign account, it is a gray area if it is unauthorized US employment or not - the laws have not caught up to explicitly cover the ability to work remotely.

Edited September 30, 2019 by geowrian

[Just Paul 4,591]

5 minutes ago, Minori said:

I think it’s not illegal as long as I pay tax in Japan or USA later when I get EAD. But I will look into that. Thank you. 

You can not be working in the US without a EAD.

 

Did you disclose your continued employment on the I-485?

[Just Paul 4,591]

36 minutes ago, Minori said:

I made a list of required documents. 

Is this enough? 

 

For each (me and son) 

 

●I-485 and 2photos for each 

●I-765 and 2photos for each

●I-131 and 2photos for each

●I-864 for each

●I-94 for each

●G1145 for each

 

●Birth certificate and translation for each 

 

●Bank statements of co-account 

●Medical insurance documents both of you and my name on 

●Whatever our name on it together such as T-Mobile bills and rent documents 

●proof of relationships photos and cards

 

●2018 W2

●2018 tax return 

●paystubs of 6 months

●Employment Certificate 

 

 

 

 

 

Note that the I-485 will change greatly for filings after October 15th.   You will also need to file I-944 forms for each beneficiary.

[Minori 111]

2 minutes ago, Paul & Mary said:

You can not be working in the US without a EAD.

 

Did you disclose your continued employment on the I-485?

Does it mean “working in The USA” I make money from Japan. 

 

No, I didn’t worked when I filed it. 

 

[Minori 111]

4 minutes ago, Paul & Mary said:

Note that the I-485 will change greatly for filings after October 15th.   You will also need to file I-944 forms for each beneficiary.

Oh thank you for the information. Well it will take time to correct documents anyway, I will enter I485 after that. 

Whats is for the I944form? 

[Just Paul 4,591]

5 minutes ago, Minori said:

Whats is for the I944form? 

It is the new self sufficiency form.  Required as of 10/15 along with the new I-485 form.

 

https://www.uscis.gov/forms-filing-tips