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

[Duke & Marie 1,389]

16 minutes ago, Pixelated said:

 

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

Then I’d resubmit the I485 with the entire package.. i864, i131, i944 ect..  

 

resubmitting the entire package would be cheaper than paying for the i864 and I-290b combined 

[Pixelated 0]

1 hour ago, Duke & Marie said:

Then I’d resubmit the I485 with the entire package.. i864, i131, i944 ect..  

 

resubmitting the entire package would be cheaper than paying for the i864 and I-290b combined 

The I-290b is $675 whereas refiling the 485 is double that.
 

 

[geowrian 22,336]

Correct - if the issue was the I-864, then only the I-485 should be denied. The I-130 has no requirement for an I-864.

Since the I-130 is still pending, you can refile with just the I-130's receipt (NOA1) copy.

 

3 hours ago, Pixelated said:

The I-290b is $675 whereas refiling the 485 is double that.

And filing both is an extra $675 + months of waiting. Which is the risk of appealing a decision that appears to have been correctly adjudicated.

I have seen at least one person have success in this case, although I have more issues than success. In most cases, it's better to just eat the refiling fee than risk the appeal being denied and having to pay it anyway + waiting for a decision.

Edited May 20, 2020 by geowrian

[Pinkrlion 2,615]

It sounds like they were not issued a RFE for the I-864, so the I-485 was denied.  Not sure what a motion to reopen would accomplish as you failed to submit a complete petition for the I-485.  There was no error on the part of USCIS.  

[NancyNguyen 1,657]

There is an official memo for RFE, they will not waste time issuing a RFE for a required supplement form. File a new I-485 along with copy of pending i-130 and all supplement form, you will end up wasting more time and money for a motion to reopen.

[Just Paul 4,591]

Don't file an appeal / motion for something that you failed to correctly file.  The AAO isn't going to find an error in the adjudication. You can find yourself out that costs and then the costs of filing a new I-485 and opportunity cost of the time delay.   File the complete and an accurate AOS package, including the I-944.

[Pixelated 0]

On 5/20/2020 at 11:51 AM, Paul & Mary said:

Don't file an appeal / motion for something that you failed to correctly file.  The AAO isn't going to find an error in the adjudication. You can find yourself out that costs and then the costs of filing a new I-485 and opportunity cost of the time delay.   File the complete and an accurate AOS package, including the I-944.

The problem with refiling is that my visa has now expired ( a month ago) and that's one of the requirements, to be in lawful status in the US. Also you can't travel abroad and come back because of Covid-19.

Edited May 24, 2020 by Pixelated

[geowrian 22,336]

1 hour ago, Pixelated said:

The problem with refiling is that my visa has now expired ( a month ago) and that's one of the requirements, to be in lawful status in the US. Also you can't travel abroad and come back because of Covid-19.

Marriage to a USC means you are in an immediate relative category. These are exempt from that restriction for AOS purposes.

[Pixelated 0]

1 hour ago, geowrian said:

Marriage to a USC means you are in an immediate relative category. These are exempt from that restriction for AOS purposes.

Is there any literature on that?

[SusieQQQ 11,585]

22 minutes ago, Pixelated said:

Is there any literature on that?

Yes. 

 

https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-8

 

 

B. Immediate Relatives

Certain adjustment bars do not apply to an immediate relative, including the spouse or child (unmarried and under 21 years old) of a U.S. citizen, and the parent of a U.S. citizen older than 21. 

An adjustment applicant applying as an immediate relative may be eligible to adjust status even if: 

• The applicant is now employed or has ever been employed in the United States without authorization; 

• The applicant is not in lawful immigration status on the date he or she files the adjustment application; 

• The applicant has ever failed to continuously maintain a lawful status since entry into the United States; 

• The applicant was last admitted to Guam or the Commonwealth of the Northern Mariana Islands (CNMI) as a visitor under the Guam or CNMI Visa Waiver Program and is not a Canadian citizen; 

• The applicant was last admitted to the United States as a nonimmigrant visitor without a visa under the Visa Waiver Program; or 

• The applicant has ever violated the terms of his or her nonimmigrant status. 

[Pixelated 0]

In the instructions of form I-290B it states that the beneficiary of a petition cannot file an Appeal or Motion, only an Applicant or Petitioner can.

Now the Notice of Decision that I received denying my I-485 filing was addressed to me the beneficiary. And in the letter they are telling me to file a I-290B so I am confused, am I not the Applicant of form I-485 (the one seeking AOS) or still the beneficiary in this case and that my spouse the sponsor/petitioner has to file the I-290B?!

[geowrian 22,336]

12 minutes ago, Pixelated said:

In the instructions of form I-290B it states that the beneficiary of a petition cannot file an Appeal or Motion, only an Applicant or Petitioner can.

Now the Notice of Decision that I received denying my I-485 filing was addressed to me the beneficiary. And in the letter they are telling me to file a I-290B so I am confused, am I not the Applicant of form I-485 (the one seeking AOS) or still the beneficiary in this case and that my spouse the sponsor/petitioner has to file the I-290B?!

The I-485 is the application of the alien applying for permanent residency.

For AOS purposes, you are the applicant.

 

For the I-130, you are the beneficiary. Had it been the I-130 that was denied, you would not be able to appeal that  - the petitioner (your spouse) would have to be the one to do it.