I-485 Denial Due to Lack of Sponsor

[christopher76 0]

Good afternoon!

 

In short, my wife was accepted for her Visa in Colombia at the US Embassy two years ago and we have been married 1.5 years.  When I completed all the paperwork for her visa they accepted my income and approved the visa without issue.  Once in the US, we submitted the I-485 once again with my income, and even though it is above the guidelines they responded that we must have a sponsor.  I replied to their letter with more details on my income and assets but they once again said a sponsor is needed.  I asked the only person who I thought might agree, a family member, and they declined.  I had no one else and especially given the times, it would be almost impossible to find anyone to agree to be a sponsor outside the family.

 

So, our I-485 was fully denied.  We never received a formal notice, I only found out through online case status.  I know I can attempt to appeal, but from what I read this seems to be a rather worthless option.  I've also read that if the denial was without prejudice, that we could submit a new I-485 with the needed sponsor which of course I do not have.

 

We've contacted attorneys and they are more than willing to take the case for us, but of course it doesn't solve our underlying issue which really I have to figure out on my own.  

 

My question is this-- it has been two years now and my poor wife and stepdaughter have not even been able to leave the country to see relatives.  My wife had her work approval and travel approved very late, and I am reading the card is null and void given the denial.  Is this correct?  Can she just stay in country until we figure out a way to reapply?  Is there a time limit?

 

I along with many others have had such a hard time of getting a hold of anyone to talk to at USCIS...I've sent inquiries and they never respond.  I truly appreciate your ideas and or advice.

[Boiler 43,542]

Did the Lawyers you spoke to review your I 485 and we're they able to tell you whether you qualified or not?

[SalishSea 16,805]

47 minutes ago, christopher76 said:

Good afternoon!

 

In short, my wife was accepted for her Visa in Colombia at the US Embassy two years ago and we have been married 1.5 years.  When I completed all the paperwork for her visa they accepted my income and approved the visa without issue.  Once in the US, we submitted the I-485 once again with my income, and even though it is above the guidelines they responded that we must have a sponsor.  I replied to their letter with more details on my income and assets but they once again said a sponsor is needed.  I asked the only person who I thought might agree, a family member, and they declined.  I had no one else and especially given the times, it would be almost impossible to find anyone to agree to be a sponsor outside the family.

 

So, our I-485 was fully denied.  We never received a formal notice, I only found out through online case status.  I know I can attempt to appeal, but from what I read this seems to be a rather worthless option.  I've also read that if the denial was without prejudice, that we could submit a new I-485 with the needed sponsor which of course I do not have.

 

We've contacted attorneys and they are more than willing to take the case for us, but of course it doesn't solve our underlying issue which really I have to figure out on my own.  

 

My question is this-- it has been two years now and my poor wife and stepdaughter have not even been able to leave the country to see relatives.  My wife had her work approval and travel approved very late, and I am reading the card is null and void given the denial.  Is this correct?  Can she just stay in country until we figure out a way to reapply?  Is there a time limit?

 

I along with many others have had such a hard time of getting a hold of anyone to talk to at USCIS...I've sent inquiries and they never respond.  I truly appreciate your ideas and or advice.

I’d look at ways to increase your income immediately.   Better job, second job.

 

They are now out of status and subject to deportation.     Have they received an NTA?

Edited October 18, 2023 by SalishSea

[Timona 3,947]

A lawyer won't JS for you. So, bot sure why you're wasting time with one. 

 

Your I-485 was rightfully denied because of you. Not USCIS. As such, appealing is useless. 

 

Get a second job. Then refile. 

[Pinkrlion 2,610]

They are looking at your Gross Adjusted Income on your income tax form. Line 22 I believe. If that is below what you need for 3 people than you need a joint sponsor. 

[beloved_dingo 1,934]

Just want to add that a) income requirements increase every year based on the HHS poverty guidelines and b) the K-1 income requirements are not as strict, with 100% over the poverty guidelines being acceptable, but for AOS and the I-864, at least 125% is required. The I-134 for the K-1 is also not enforceable, whereas the I-864 is. We have also given guidance to people here on VJ repeatedly that having at least 125% at the K-1 stage is advisable, to help avoid income issues at the AOS stage. 

 

So for example, for 2023 you need to make at least $31,075 for a family of 3 to satisfy the requirements of the I-864.

 

In contrast, if your K-1 was processed in 2021, you would have only needed to make at least $21,960 to satisfy the requirements of the I-134. 

 

If your income is below (or very close to) $31k and you have no joint sponsor - the advice here is correct. You need to increase your income ASAP.

 

It seems like you disagree about the decision regarding your income, based on your initial response to the RFE. What assets did you try to use to qualify? What is your actual income? 

[SalishSea 16,805]

Also, not sure what an attorney could do to help.  There is no waiver or loophole for the financial requirements of sponsoring immigrants.  And if your income is low enough that you are below the 125% of the FPL, I would think you'd be hard pressed to afford attorney's fees.

 

 

[JKLSemicolon 327]

20 hours ago, Pinkrlion said:

They are looking at your Gross Adjusted Income on your income tax form. Line 22 I believe. If that is below what you need for 3 people than you need a joint sponsor. 

Depending on your work situation, it may also be possible to increase your AGI for these purposes by minimizing pre-tax deductions from your paychecks (e.g. contributions towards various benefits).

 

Even if uncomfortable for you, it might also be worth approaching a few more people about joint sponsorship; the worst they can say is no.

In any case, if your wife and stepdaughter are now out of status you need to resolve the income issue and resubmit the I-485 package ASAP.

 

 

[JKLSemicolon 327]

19 hours ago, beloved_dingo said:

It seems like you disagree about the decision regarding your income, based on your initial response to the RFE. What assets did you try to use to qualify? What is your actual income? 

@christopher76, the answers to these questions will be important in order to provide the most relevant advice.