Denied AOS- Expired I-864

[Tico&Asha 4]

Hello-

 

My brother’s stepmother filed a I-130 and I-485 on his behalf. She received an RFE in December asking for the affidavit of support form and supporting documents. She responded to the RFE, but she made an error by filling out an expired I-864. Needless to say he got a denial. We want to know what the best option is for this case. Should we file a motion to reconsider? Can we just file a new petition? I have attached pictures of the denial letter. Please help 🙏🏽

[Verrou 1,899]

Motion to reconsider is black horse means it can be long to be approved. If I were you, I will just refile everything asap. Probably no need to file I-130 if it’s not denied and just I-485 with the affidavit support + I-765 and I-131

Edited June 14, 2023 by Misscloud

[Tico&Asha 4]

7 minutes ago, Misscloud said:

Motion to reconsider is black horse means it can be long to be approved. If I were you, I will just refile everything asap. Probably no need to file I-130 if it’s not denied and just I-485 with the affidavit support + I-765 and I-131

Thank you for responding. The I-130 is still pending. He got the EAD approved, but after reading the letter, I realized it will become invalid within a few days. Can we  just refile without them giving us that clear option in the letter? 

Edited June 14, 2023 by Tico&Asha
Grammar error

[Tico&Asha 4]

@Misscloud

 

I am writing to you to ask you for advice. My brother’s stepmother filed a i-130 and I-485 (recently denied for expired I-864 form) on his behalf. She filed before he was 21, however he is 21 now and his I-130 is on shaky grounds. They asked for evidence proving the link between petitioner and beneficiary, she sent a marriage certificate showing marriage between herself and my brother’s dad. She also provided a birth certificate that does not have his dad’s name on it. No solid evidence of a link was provided. The I-130 is still pending. Do you think we can submit DNA results now, even after the RFE was already answered?

I look forward to a response.

 

Thank you,

 

Asha

[Chancy 6,233]

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