Refile form I-485 on k1 visa

[LiLi404 1]

Hey guys, how are you doing?

I have a question about refiling the form I-485 because uscis just denied our case due to missing one document which the reason of the denied is a complete Federal Income Tax Return submitted to the Internal Revenue Service (IRS) from the petitioning sponsor for the most recent tax year. And in the letter of the denial notice says that we A properly completed and signed Form I-864, Affidavit of Support, from a qualifying joint sponsor with all pages present and of the latest edition date, a copy of the joint sponsor's Federal income tax return for the most recent tax year with all supporting tax documents, and proof of the joint sponsor's status as a United States citizen, United States national, or Lawful Permanent Resident.

So what happened at first is we filed the Form I-485 in Jun 07 and then got the RFE in Jun 28 which uscis was asking either have to submit my wife's Federal Income Tax and have a joint sponsor  I-864, so we submitted the I-864 but we forget to include my wife's  Federal Income Tax, so then the uscis now denied our case because of that.

We called two attorneys, the first one was kinda rude didn't explain that much about our situation even though we explained to him everything but he was just I'M GONNA REFILE YOUR CASE 6000$, so we decided to call the different attorney which she was, so professional we explained to her and showed her the denial notice, so she told us that we don't need an attorney to refile the form I-485 because we did it right it at first it was just missing one document but she said that it's up to us or even she said that  we can refile the I-485 and then let her review the form in case miss any document or something like that. 

I just wanna know if is there any similar situation or tips where k1 visa get married and then adjustment status got denied, like what's the advice here? Thank you for given it time to read it and for any help!!

[Crazy Cat 39,328]

My advice to refile a COMPLETE package ASAP.  I assume the K-1 entrant is now out of status and subject to detention and deportation.

Adjustment of Status (Green Card) Guide for K1 and K3 Visa Holders - US Immigration & Visa Guides - VisaJourney

 

In your case, I highly recommend hiring that attorney to review your package before submitting it. 

[Dashinka 23,273]

Was the AOS denied, or was the package rejected due to the missing information required evidence?  If the latter, Re-file as soon as possible with all the required information.

 

Good Luck!

[Crazy Cat 39,328]

11 minutes ago, Dashinka said:

Was the AOS denied, or was the package rejected due to the missing information required evidence?  If the latter, Re-file as soon as possible with all the required information.

 

Good Luck!

My interpretation is that an RFE was issued, but OP failed to include required items in the RFE response.  That's grounds for a swift denial.

Edited June 4, 2023 by Crazy Cat

[Mike E 11,723]

5 hours ago, LiLi404 said:

I just wanna know if is there any similar situation or tips where k1 visa get married and then adjustment status got denied, like what's the advice here?

This is a common situation. Follow this advice:

 

2 hours ago, Crazy Cat said:

My advice to refile a COMPLETE package ASAP

And do this before the deadline listed on the I-485 denial for you to leave the U.S.  I believe your denial gives you 33 days from the date of the denial to leave.

 

Keep in mind that nearly a year has past, and now I-864 needs your wife’s tax year 2022 tax return transcript that she ib  April 2023.

[powerpuff 5,914]

~~ Topic moved from K1 forum to AOS K1 forum - this is about AOS ~~

[Timona 3,947]

.....June 07?

 

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[Family 3,512]

7 hours ago, LiLi404 said:

just wanna know if is there any similar situation or tips where k1 visa get married and then adjustment status got denied, like what's the advice here? Thank you for given it time to read it and for any help!

You should file I-290 B with a new I-864 and updated financials ( 2022 Tax Return AND IRS transcript..W-2 , paystubs ) u can get IRS transcripts online …include a copy of the denial .

 

On the I-290 B mark both motion to re open and Motion to Reconsider…

A simple statement that states Petitioner / Sponsor had/ has the required qualifying income and you are enclosing complete evidence to support claim.

 

You will know in a few weeks if I-290 B is accepted ..I believe your chances are 90% or higher.

 

[Family 3,512]

48 minutes ago, Timona said:

I may be living in another planet

@Timona or AI…? 

[SalishSea 16,804]

17 hours ago, LiLi404 said:

Hey guys, how are you doing?

I have a question about refiling the form I-485 because uscis just denied our case due to missing one document which the reason of the denied is a complete Federal Income Tax Return submitted to the Internal Revenue Service (IRS) from the petitioning sponsor for the most recent tax year. And in the letter of the denial notice says that we A properly completed and signed Form I-864, Affidavit of Support, from a qualifying joint sponsor with all pages present and of the latest edition date, a copy of the joint sponsor's Federal income tax return for the most recent tax year with all supporting tax documents, and proof of the joint sponsor's status as a United States citizen, United States national, or Lawful Permanent Resident.

So what happened at first is we filed the Form I-485 in Jun 07 and then got the RFE in Jun 28 which uscis was asking either have to submit my wife's Federal Income Tax and have a joint sponsor  I-864, so we submitted the I-864 but we forget to include my wife's  Federal Income Tax, so then the uscis now denied our case because of that.

We called two attorneys, the first one was kinda rude didn't explain that much about our situation even though we explained to him everything but he was just I'M GONNA REFILE YOUR CASE 6000$, so we decided to call the different attorney which she was, so professional we explained to her and showed her the denial notice, so she told us that we don't need an attorney to refile the form I-485 because we did it right it at first it was just missing one document but she said that it's up to us or even she said that  we can refile the I-485 and then let her review the form in case miss any document or something like that. 

I just wanna know if is there any similar situation or tips where k1 visa get married and then adjustment status got denied, like what's the advice here? Thank you for given it time to read it and for any help!!

Not sure that you need an attorney, but perhaps an immigration service, like one of the VJ “Partners,” to help you understand and complete the forms correctly.

[LiLi404 1]

15 hours ago, Crazy Cat said:

My advice to refile a COMPLETE package ASAP.  I assume the K-1 entrant is now out of status and subject to detention and deportation.

Adjustment of Status (Green Card) Guide for K1 and K3 Visa Holders - US Immigration & Visa Guides - VisaJourney

 

In your case, I highly recommend hiring that attorney to review your package before submitting it. 

That is a professional step, thank you!

[LiLi404 1]

14 hours ago, Dashinka said:

Was the AOS denied, or was the package rejected due to the missing information required evidence?  If the latter, Re-file as soon as possible with all the required information.

 

Good Luck!

it was a denial due to missing one document, so yeah now we almost done gathering all the documents we just still need to get our medical exam and then check for any mistakes and of course before the timeline 30 days but Thank you!!

[LiLi404 1]

39 minutes ago, SalishSea said:

Not sure that you need an attorney, but perhaps an immigration service, like one of the VJ “Partners,” to help you understand and complete the forms correctly.

I will take a look at it, thank you man!

[LiLi404 1]

10 hours ago, Family said:

You should file I-290 B with a new I-864 and updated financials ( 2022 Tax Return AND IRS transcript..W-2 , paystubs ) u can get IRS transcripts online …include a copy of the denial .

 

On the I-290 B mark both …

A simple statement that states Petitioner / Sponsor had/ has the required qualifying income and you are enclosing complete evidence to support claim.

 

You will know in a few weeks if I-290 B is accepted ..I believe your chances are 90% or higher.

 

The attorney was kinda skeptical about  motion to re open and Motion to Reconsider i mean the waiting time is longer and have to pay the fees and its like making uscis admitting a mistake and at the end will deny us, even with other attorneys are recommending refile because there is a lot a chance to got approved then to re open and Motion to Reconsider

[LiLi404 1]

12 hours ago, Mike E said:

This is a common situation. Follow this advice:

 

And do this before the deadline listed on the I-485 denial for you to leave the U.S.  I believe your denial gives you 33 days from the date of the denial to leave.

 

Keep in mind that nearly a year has past, and now I-864 needs your wife’s tax year 2022 tax return transcript that she ib  April 2023.

Yes that's what I saw in the denial notice 33 days and if i don't  act before the time line then like they said the decision will become final so we talk to the attorney specifically about that and she said that not necessarily have to refile in 33 days because its refile not  motion to reopen or a motion to reconsider so even though we refile in the 45th day its okay with that because Biden administration not really forcing that law as trump but she said we better just do it now to make the case stronger, so yeah we almost done with the documents. Still working on the medical exam and then ready to go and the one that you mentioned about the latest tax return it was really helpful, i mean its a good point, thank you so much i really appreciate it!!