Adjustment of status denied!

[Island parents 29]

Hi everyone.🫠

I am asking my friend (BENEFICIARY) her and her son arrived in the US on a K-1/K-2 visa. She got married right away and filed for AOS. She got her travel EAD and AP. 

She received an RFE which she responded to and submitted the documents. However, the denial letter I attached states

"After reviewing the evidence, USCIS has concluded that you are not eligible to adjust status because you failed to submit:• 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. You have not established that you are eligible for adjustment under INA 245. Therefore, USCIS must deny your Form 1-485. See 8 CFR, sections 103.2(b)(11) and (12).

 

Her spouse (SPONSOR) only makes the required household income for 2 people. Therefore, she needed a joint sponsor for her son. I signed the requested forms and gave her all the supporting documents. Her question is, when I filled out the affidavit of support as the joint sponsor, I only included her son and not her as her spouse "qualified" to sponsor her. Should I have included both her and her son in the form?

 

She doesn't know exactly how to proceed. Should she file the motion or reconsider or what? 

She made an appointment to meet with an immigration lawyer as well. 

 

Any advice will be greatly appreciated. 

Thank you all! 

 

 

Edited July 8 by Island parents
Attached documents

[smilingstone 570]

37 minutes ago, Island parents said:

Her spouse (SPONSOR) only makes the required household income for 2 people. Therefore, she needed a joint sponsor for her son.

 

It's her that is petitioning both herself and her son for AOS. Her son is her dependent, so therefore they are not separable in this context. You can't have 1 person sponsor one, and another sponsor for their dependent. You, as joint sponsor, should be evidencing that you can support the intending immigrant family unit (both mother *and* son).

 

There is no motion to file as the mistake is your own, not USCIS.

 

She will need to refile for AOS, EAD and AP as they have all now been denied.

Edited July 8 by smilingstone

[smilingstone 570]

Also, looking back on the letter, it sounds as if you also did not provide USCIS with:

• Properly completed I-864 (reads as if you missed pages, did not sign, and perhaps to do with you incorrectly attempting to sponsor a K2 separate from the K1).
• Your own most recent federal tax return and proof of income.
• Your own documentation evidencing your status, as joint sponsor, either as LPR or citizen.

[Island parents 29]

On 7/8/2025 at 3:47 PM, smilingstone said:

 

It's her that is petitioning both herself and her son for AOS. Her son is her dependent, so therefore they are not separable in this context. You can't have 1 person sponsor one, and another sponsor for their dependent. You, as joint sponsor, should be evidencing that you can support the intending immigrant family unit (both mother *and* son).

 

There is no motion to file as the mistake is your own, not USCIS.

 

She will need to refile for AOS, EAD and AP as they have all now been denied.

Hi there Smilingstone! Thank you for the detail response. I forwarded this information to her. 

[Island parents 29]

On 7/8/2025 at 6:22 PM, smilingstone said:

Also, looking back on the letter, it sounds as if you also did not provide USCIS with:

• Properly completed I-864 (reads as if you missed pages, did not sign, and perhaps to do with you incorrectly attempting to sponsor a K2 separate from the K1).
• Your own most recent federal tax return and proof of income.
• Your own documentation evidencing your status, as joint sponsor, either as LPR or citizen.

I signed and submitted all necessary form as the sponsor for the child.
 

she has this question:

“If my case got denied and my son case is still pending, should I refile for him?Should I still submit a the affidavit with him on it ”
 

My question is, she’s going to refile but said that because I am the sponsor for the child, I need to act as her sponsor as well. She said that her spouse makes over $28,122 per the poverty guidelines; That is enough to sponsor 3 people, right? Hence, she doesn’t need me as a cosponsor.
I am also filing for my family. I cannot increase my household size by sponsoring both her and her son (my Godson). Please let me know and thank you. All the info will help.

 

P.s. this is a quote from a lawyer she said that she spoke with 

“Spoke to a different lawyer today and asked about the affidavit, and they say that being that my son case is still pending, i have to use you as the joint sponsor just incase its just on hold. Because they are gonna make reference to the previous cause I am also sending in the denial letter.”

[smilingstone 570]

31 minutes ago, Island parents said:

I signed and submitted all necessary form as the sponsor for the child.

 

Clearly you didn't as the letter specifically states that you didn't.

 

31 minutes ago, Island parents said:

she has this question:

“If my case got denied and my son case is still pending, should I refile for him?Should I still submit a the affidavit with him on it ”

 

Best to consult an immigration attorney on that.

 

33 minutes ago, Island parents said:

My question is, she’s going to refile but said that because I am the sponsor for the child, I need to act as her sponsor as well. She said that her spouse makes over $28,122 per the poverty guidelines; That is enough to sponsor 3 people, right? Hence, she doesn’t need me as a cosponsor.

 

Then why did you sponsor?

 

33 minutes ago, Island parents said:

I am also filing for my family. I cannot increase my household size by sponsoring both her and her son (my Godson). Please let me know and thank you. All the info will help.

 

Again, so why did you sponsor?

 

34 minutes ago, Island parents said:

P.s. this is a quote from a lawyer she said that she spoke with 

“Spoke to a different lawyer today and asked about the affidavit, and they say that being that my son case is still pending, i have to use you as the joint sponsor just incase its just on hold. Because they are gonna make reference to the previous cause I am also sending in the denial letter.”

 

As I said above, best to consult an immigration attorney on that. If they're knowledgeable and the above is correct, it looks like you're locked in for sponsoring the child and will therefore be required to sponsor the mother.

 

This is a prime example of ensuring you are fully capable and committed to sponsoring intending immigrants.

[Island parents 29]

22 minutes ago, smilingstone said:

 

Clearly you didn't as the letter specifically states that you didn't.

 

 

Best to consult an immigration attorney on that.

 

 

Then why did you sponsor?

 

 

Again, so why did you sponsor?

 

 

As I said above, best to consult an immigration attorney on that. If they're knowledgeable and the above is correct, it looks like you're locked in for sponsoring the child and will therefore be required to sponsor the mother.

 

This is a prime example of ensuring you are fully capable and committed to sponsoring intending immigrants.

Correct. Thank you. Because initially she wanted a sponsor to support just the child and I can do that. 

[smilingstone 570]

10 minutes ago, Island parents said:

Because initially she wanted a sponsor to support just the child and I can do that.

 

Hoping you have both now learnt that isn't possible as a K1/K2 combo.

[Island parents 29]

28 minutes ago, smilingstone said:

 

Hoping you have both now learnt that isn't possible as a K1/K2 combo.

Yes. That’s what she asked for when she got the RFE, and instructed me how to fill out the affidavit form as a cosponsor. I gave all supporting documents to her and she submitted them. 
the lawyer is very costly and if she can refile without using a lawyer that would be be very helpful. 
I don’t know what to do now because I signed as the cosponsor for the child but clearly she needs to be sponsored too and I cannot sponsor two more people 😭 unless she can find another sponsor and they fill out the affidavit for her and the child, the k1/k2? 

[Boiler 47,432]

1 hour ago, Island parents said:

the lawyer is very costly and if she can refile without using a lawyer that would be be very helpful. 

 

What is she doing to achieve that?

 

I do not see anything for you to do.

[smilingstone 570]

2 hours ago, Island parents said:

Yes. That’s what she asked for when she got the RFE, and instructed me how to fill out the affidavit form as a cosponsor. I gave all supporting documents to her and she submitted them. 
the lawyer is very costly and if she can refile without using a lawyer that would be be very helpful. 
I don’t know what to do now because I signed as the cosponsor for the child but clearly she needs to be sponsored too and I cannot sponsor two more people 😭 unless she can find another sponsor and they fill out the affidavit for her and the child, the k1/k2? 

 

Why does she need to find another sponsor? You already said her husband earns enough to support a household if 3.

 

Who is paying the lawyer fees? If it's the mother/husband, you may want to consider pulling out as a sponsor for the child, which would result in the child's AOS being denied, and then the mother and son can refile as her spouse as the sole sponsor, as you said he earns enough to support a household of 3. It's the cost of getting a lawyer to fix this, versus just paying to refile everything again. 

 

Not an easy decision to make, but as you are already sponsoring your own family and say you can't afford to add 2 more, you have to think about how this will effect your future. 

[Island parents 29]

8 hours ago, smilingstone said:

 

Why does she need to find another sponsor? You already said her husband earns enough to support a household if 3.

 

Who is paying the lawyer fees? If it's the mother/husband, you may want to consider pulling out as a sponsor for the child, which would result in the child's AOS being denied, and then the mother and son can refile as her spouse as the sole sponsor, as you said he earns enough to support a household of 3. It's the cost of getting a lawyer to fix this, versus just paying to refile everything again. 

 

Not an easy decision to make, but as you are already sponsoring your own family and say you can't afford to add 2 more, you have to think about how this will effect your future. 

I truly appreciate you and Boiler’s feedback.
I too, can’t understand why her or the lawyer would tell her that she needs a cosponsor when her spouse makes enough? Maybe that is what’s causing all this chaos. Because when I filled out the affidavit she told me to select the option that I’m the only joint sponsor and I only added the child name as the principal immigrant in part 3 on the affidavit form. Now that I’m reviewing the form, it’s her who’s the primary who’s information I should’ve entered in this section. Then  I would select option 2 in part 4 and list the child as family member 1 who’s I’m sponsoring… hmm 🤔
I’ll past on all this info to and  see how I can help her to get through this. I understand it’s a difficult situation for her. 

[milimelo 4,727]

I doubt her spouse qualifies as you need $33,312 for household of 3 at 125% poverty level. I honestly don't know how a family of 3 can survive on that. 

Joint sponsor needed. And probably going over all applications with fine toothed comb so it's not denied again - how do you have money to pay another set of fees and below poverty line?