Help Needed for Denied I-485

[Christopher75 0]

Good morning.

 

I will keep it short but I appreciate any help.  My wife and stepdaughter's I-485 was denied in September for no joint sponsor as requested by the RFE.  My brother was going to sign but his wife decided not to do so.  We have no joint sponsor.

 

I will be contacting an immigration attorney when able.  My income alone will meet the requirements this year with no issues.  My wife and daughter are not in deportation proceedings as far as I can tell though they remain with me in the USA.

 

I suspect deportation hearings take a long time to be scheduled especially ones that are not for national security reasons/ dangerous persons.

 

The denial letters say that we cannot appeal but if we receive a Notice to Appear we will have the opportunity to renew the adjustment of status.  But who knows how long the NOA would actually take.

 

Does anyone know if I can simply refile the I-485 paperwork with the new evidence (also have to pay fees again)?  OR

 

Wait and show the new evidence at the deportation hearing?  Thank you in advance.

 

Chris

[SalishSea 16,777]

11 minutes ago, Christopher75 said:

Good morning.

 

I will keep it short but I appreciate any help.  My wife and stepdaughter's I-485 was denied in September for no joint sponsor as requested by the RFE.  My brother was going to sign but his wife decided not to do so.  We have no joint sponsor.

 

I will be contacting an immigration attorney when able.  My income alone will meet the requirements this year with no issues.  My wife and daughter are not in deportation proceedings as far as I can tell though they remain with me in the USA.

 

I suspect deportation hearings take a long time to be scheduled especially ones that are not for national security reasons/ dangerous persons.

 

The denial letters say that we cannot appeal but if we receive a Notice to Appear we will have the opportunity to renew the adjustment of status.  But who knows how long the NOA would actually take.

 

Does anyone know if I can simply refile the I-485 paperwork with the new evidence (also have to pay fees again)?  OR

 

Wait and show the new evidence at the deportation hearing?  Thank you in advance.

 

Chris

Don't wait for an NTA.  Refile immediately.  The receipt notice will serve as evidence of authorized stay until the I485 is adjudicated.

[Christopher75 0]

Thank you, Salishsea!

 

So refile with my new taxes that meet the income requirements, will they not deny based on history and say we still need a joint sponsor, since I needed one previously?  I will have to pay the filing fees again, right?

 

And you are saying the receipt notice of the new I - 485 will be evidence of authorized stay even though they are both out of status (the denial was in Sept 2023) ? 

 

Thank you for your answer!  I just want to be clear.

[Boiler 43,459]

3 minutes ago, Christopher75 said:

Thank you, Salishsea!

 

So refile with my new taxes that meet the income requirements, will they not deny based on history and say we still need a joint sponsor, since I needed one previously?  I will have to pay the filing fees again, right?

 

And you are saying the receipt notice of the new I - 485 will be evidence of authorized stay even though they are both out of status (the denial was in Sept 2023) ? 

 

Thank you for your answer!  I just want to be clear.

Refile with a new Joint Sponsor

 

You must be a USC

[Crazy Cat 39,284]

Another vote to refile asap with a joint sponsor.  Good luck.

[SalishSea 16,777]

6 minutes ago, Christopher75 said:

Thank you, Salishsea!

 

So refile with my new taxes that meet the income requirements, will they not deny based on history and say we still need a joint sponsor, since I needed one previously?  I will have to pay the filing fees again, right?

 

And you are saying the receipt notice of the new I - 485 will be evidence of authorized stay even though they are both out of status (the denial was in Sept 2023) ? 

 

Thank you for your answer!  I just want to be clear.

Do you have an eligible joint sponsor?

 

There is no way to know if they will still want a joint sponsor, just based on the info you've given.

 

You will have to pay to refile.  Include your tax transcripts, payslips and an employer letter which states your salary and employment status (full time/permanent etc).

 

And yes, the receipt notice from a properly filed I-485 serves as evidence of authorized stay.

[Christopher75 0]

So they requested a joint sponsor last time due to low income.  I could not find, and do not have anyone currently.  I've exhausted any ideas for a joint sponsor.  I do make enough money now to exceed the requirements.  

 

I think you know where this is going but do you have to know personally your sponsor?  

 

Will the USCIS look at my application history, see my old I 485 and require a joint sponsor even if I meet the income requirements on the new I485?

 

Thank you so much for your time.

[SalishSea 16,777]

11 minutes ago, Christopher75 said:

So they requested a joint sponsor last time due to low income.  I could not find, and do not have anyone currently.  I've exhausted any ideas for a joint sponsor.  I do make enough money now to exceed the requirements.  

 

I think you know where this is going but do you have to know personally your sponsor?  

 

Will the USCIS look at my application history, see my old I 485 and require a joint sponsor even if I meet the income requirements on the new I485?

 

Thank you so much for your time.

You definitely need to know your joint sponsor, and I'd say, to know them well.

 

Since you don't have anyone to sponsor, I would refile with the new financial evidence.  Make sure to be very thorough in preparing your packet, with as much supporting evidence as you can gather.  In addition to income, do you have assets?

[powerpuff 5,907]

55 minutes ago, Christopher75 said:

So refile with my new taxes that meet the income requirements

Tax returns/transcripts are not evidence of current income. It’s evidence of past income.

 

You need to include actual evidence of current income which would be an employment verification letter on official business letterhead stating your salary, position, date when you started the job, etc. and paystubs.

 

55 minutes ago, Christopher75 said:

I will have to pay the filing fees again, right?

Yes 

Edited January 5 by powerpuff

[Christopher75 0]

Thank you-- so for current income for self employment?  Monthly profit statements up to current month?

[Boiler 43,459]

2 hours ago, Christopher75 said:

So they requested a joint sponsor last time due to low income.  I could not find, and do not have anyone currently.  I've exhausted any ideas for a joint sponsor.  I do make enough money now to exceed the requirements.  

 

I think you know where this is going but do you have to know personally your sponsor?  

 

Will the USCIS look at my application history, see my old I 485 and require a joint sponsor even if I meet the income requirements on the new I485?

 

Thank you so much for your time.

They might, now you may have 2 years before an interview.

[SalishSea 16,777]

4 hours ago, Christopher75 said:

Thank you-- so for current income for self employment?  Monthly profit statements up to current month?

Well that puts a whole new spin on this entire thread.  

 

You're self employed?   Was your income considered insufficient due to the difference between income and revenue?  Paging @pushbrk

[Christopher75 0]

Yes well I assume they used my net profit and it was too low.

[pushbrk 12,122]

1 minute ago, Christopher75 said:

Yes well I assume they used my net profit and it was too low.

For the self employed, your "current income" is the "total income" number from your most recently filed federal tax return.  You cannot qualify using any other evidence, unless it is with "liquid assets" 5 times the income shortfall.

 

You say you are making enough money now.  If that means your 2023 total income line will show qualifying income, then file that return as soon as possible, and then use the total income on that return as the current income on your new filing.

[Christopher75 0]

Thank you, wouldnt they look at net profit only?  I appreciate all the responses today, feeling very desperate but I think this can be overcome.