Form I485 denied, but I 130 for RFE

[JaBY 0]

My husband is here on a work visa and i am an American citizen. We got married and applied for a greencard through a lawyer. We got out first RFE asking for a sponsor 
(as i am not working) and tax forms and such. which we sent everything in (lawyer said he did). But now it is past almost 6months and we received a RFE for form i130 asking us to submit more evidence to show that our marriage is real. We are currently working on that. We got both our names on the lease, car title has been added, we got medical insurance together and bank statements. We also have travel documents for our honeymoon and pictures from the wedding nad with family and friends. 

At this point most of the lease and car title and medical insurance has only been added this month. We are also working on Affidavits of support from family and friends. 

But now the main issue is that our i485 has been denied. We received the notice only after 2 weeks from sent date. The lawyer says everything has been submitted except for maybe my social security (it was submitted in previous forms) and that it has to be their fault. 

Should we reopen the case or refile? Lawyer says it takes almost 1 year for reopening.  Can someone advise us on the RFE and denial notice please? 

[Thunderbolt 162]

I would start from scratch and do it yourself. Going with the lawyer again will add a lot of unnecessary time to the case and fees.

[Crazy Cat 39,261]

15 minutes ago, JaBY said:

My husband is here on a work visa and i am an American citizen. We got married and applied for a greencard through a lawyer. We got out first RFE asking for a sponsor 
(as i am not working) and tax forms and such. which we sent everything in (lawyer said he did). But now it is past almost 6months and we received a RFE for form i130 asking us to submit more evidence to show that our marriage is real. We are currently working on that. We got both our names on the lease, car title has been added, we got medical insurance together and bank statements. We also have travel documents for our honeymoon and pictures from the wedding nad with family and friends. 

At this point most of the lease and car title and medical insurance has only been added this month. We are also working on Affidavits of support from family and friends. 

But now the main issue is that our i485 has been denied. We received the notice only after 2 weeks from sent date. The lawyer says everything has been submitted except for maybe my social security (it was submitted in previous forms) and that it has to be their fault. 

Should we reopen the case or refile? Lawyer says it takes almost 1 year for reopening.  Can someone advise us on the RFE and denial notice please? 

Was it an actual denial of the I-485, or was it an intent to deny?  Can you post a copy of the letter?  An appeal is possible only if USCIS made an error.

[JaBY 0]

It was an Actual Denial. At first the lawyer said it might be a mistake on the system but then we got the notice.  the image seems to be too large to upload

Edited November 17, 2021 by JaBY

[Crazy Cat 39,261]

2 minutes ago, JaBY said:

It was an Actual Denial. At first the lawyer said it might be a mistake on the system but then we got the notice. 

Was the I-485 denied due no underlying I-130?

[JaBY 0]

Reason for denial :

 Because we failed to submit - a properly completed and signed From I-864, Affidavit of support, from the petitioning sponsor with all pages present and of the latest edition date, the petitioning sponsors social security number, a correctly calculated household size, and  the petitioning sponsors federal income tax return for the most recent tax year with all supporting documents. 

 

But our lawyer has stated that he sent in all of those things and the one thing that they may have picked at would be the social security of the primary sponsor  (me). But he said there's no chance they would deny it because of that. 

 

[Ryan H 3,790]

Moved from K3 Process & Procedures to Adjustment of Status from Work, Student, & Tourist Visas forum.

[Ayrton 965]

On 11/17/2021 at 10:05 AM, JaBY said:

Reason for denial :

 Because we failed to submit - a properly completed and signed From I-864, Affidavit of support, from the petitioning sponsor with all pages present and of the latest edition date, the petitioning sponsors social security number, a correctly calculated household size, and  the petitioning sponsors federal income tax return for the most recent tax year with all supporting documents. 

 

But our lawyer has stated that he sent in all of those things and the one thing that they may have picked at would be the social security of the primary sponsor  (me). But he said there's no chance they would deny it because of that. 

 

You lawyer clearly didn't reply to the RFE. I would get rid of them and file by yourselves.

Edited November 20, 2021 by Ayrton