I-290B Motion to Reopen, denied I-485 due to missing form I-864

[Pixelated 0]

I am about to file form I-290B because my I-485 adjustment of Status (Marriage with US Citizen) was denied due to missing form I-864.

Question: Even though I the beneficiary filed for I-485 that was denied, am I the one submitting for I-290B or the sponsor which is my spouse? it is confusing, the denial letter states the beneficiary cannot file I-290B. I am the applicant of I-485 that was denied but also the beneficiary of the filing for AOS/Green Card.

 

If anyone can help, thanks.

 

Also is there a template / Cover letter sample that addresses the I-290B Motion to reopen? thanks.

[Crazy Cat 39,674]

Why are you appealing instead of refiling the I-485?

[Duke & Marie 1,389]

12 minutes ago, Pixelated said:

I am about to file form I-290B because my I-485 adjustment of Status (Marriage with US Citizen) was denied due to missing form I-864.

Question: Even though I the beneficiary filed for I-485 that was denied, am I the one submitting for I-290B or the sponsor which is my spouse? it is confusing, the denial letter states the beneficiary cannot file I-290B. I am the applicant of I-485 that was denied but also the beneficiary of the filing for AOS/Green Card.

 

If anyone can help, thanks.

 

Also is there a template / Cover letter sample that addresses the I-290B Motion to reopen? thanks.

The letter was correct, the beneficiary cannot file I-290B unless instructed otherwise by USCIS.. only the petitioner 

 

 

[Pixelated 0]

3 minutes ago, Lucky Cat said:

Why are you appealing instead of refiling the I-485?

I am not appealing I am making "motion to reopen" as I am still within the 33 days allowed in the letter.

 

I am submitting the missing I-864 affidavit of support instead of restarting the process from the beginning.

 

Btw does refiling entail refiling I-130 also or just I-485?

[Pixelated 0]

11 minutes ago, Duke & Marie said:

The letter was correct, the beneficiary cannot file I-290B unless instructed otherwise by USCIS.. only the petitioner 

 

 

I read that instruction but am I not the applicant of form I-485 as it was completed by me alone and the Notice of Decision denial letter for form I-485 was also addressed to me and not my spouse (Sponsor). ?!

[Crazy Cat 39,674]

7 minutes ago, Pixelated said:

I am not appealing I am making "motion to reopen" as I am still within the 33 days allowed in the letter.

 

I am submitting the missing I-864 affidavit of support instead of restarting the process from the beginning.

 

Btw does refiling entail refiling I-130 also or just I-485?

From what status did you file for Adjustment?  

[Pixelated 0]

3 minutes ago, Lucky Cat said:

From what status did you file for Adjustment?  

I-130 Petition for Alien relative (Spouse of US Citizen)

Edited May 19, 2020 by Pixelated

[Crazy Cat 39,674]

1 minute ago, Pixelated said:

I-130 Petition for Alien relative

Unless the I-130 was denied, I don't see a reason to resubmit another one.......

@geowrian

[Duke & Marie 1,389]

6 minutes ago, Pixelated said:

I-130 Petition for Alien relative

Had the petition been approved? Or submitted concurrently? 

 

Really need to know the status of the I130, before you can move forward.. if the i130 is approved it might be easier and faster to just resubmit i485 from scratch

Edited May 19, 2020 by Duke & Marie

[Crazy Cat 39,674]

2 minutes ago, Duke & Marie said:

Had the petition been approved? Or submitted concurrently? 

 

Id get the petitioner of the i130 to submit the motion to reopen, purely because AOS can’t be approved without someone petitioning you, even though you’re the applicant on the i485. 

Even if they were filed concurrently, wouldn't the I-130 be adjudicated on its own?

(not arguing......asking an honest question....LOL)

Edited May 19, 2020 by Lucky Cat

[Duke & Marie 1,389]

1 minute ago, Lucky Cat said:

Even if they were filed concurrently, wouldn't the I-130 be adjudicated on its own?

(not arguing......asking an honest question....LOL)

Yeah, I updated my post.. 

 

really need to know the status of the i130 before moving forward 

[Duke & Marie 1,389]

Could be a case of i130 declined resulting in auto rejection of i485... who knows 🤷‍♀️

[Pixelated 0]

6 minutes ago, Lucky Cat said:

Unless the I-130 was denied, I don't see a reason to resubmit another one.......

@geowrian

Their website states that the i-130 is still in "Process" or under review

[Crazy Cat 39,674]

 

2 minutes ago, Duke & Marie said:

Could be a case of i130 declined resulting in auto rejection of i485... who knows 🤷‍♀️

That, my friend, is an excellent point.........!!!!!!😁  I wish I could give you 100 rep points for that one......

Edited May 19, 2020 by Lucky Cat

[Pixelated 0]

3 minutes ago, Duke & Marie said:

Yeah, I updated my post.. 

 

really need to know the status of the i130 before moving forward 

 

2 minutes ago, Duke & Marie said:

Could be a case of i130 declined resulting in auto rejection of i485... who knows 🤷‍♀️

The denial letter clearly states that AOS was denied because the I-864 affidavit of support was not submitted with the I-485 package