I485 denied

[Amber Thompson 4]

So my husband moved here on K1 visa. We got married within the 90 days and filed i130 and form i485 together. Got the RFE notice, and resent what they asked for. Form i130 is still pending, but form i485 to adjust status was denied. Waiting on the reason why. Has anyone else had this happen and got it approved later? 

Does he have to leave the country while he has his work permit and the form i130 pending? He is from the UK btw. 

[MalloryCat 727]

it probably got denied cause they were confused by the I-130.

as a K1 visa holder who got married within the 90 days, the I-130 is not required. 

 

why did you file the I-130?

[appleblossom 4,448]

18 minutes ago, Amber Thompson said:

So my husband moved here on K1 visa. We got married within the 90 days and filed i130 and form i485 together. Got the RFE notice, and resent what they asked for. Form i130 is still pending, but form i485 to adjust status was denied. Waiting on the reason why. Has anyone else had this happen and got it approved later? 

Does he have to leave the country while he has his work permit and the form i130 pending? He is from the UK btw. 

 

Forget the I-130, it's not relevant to your case as said above. 

 

You need to refile urgently, as he's now out of status and subject to removal. But once you've refiled then he's again allowed to stay. 

 

What was the RFE for, what did you have to re-send?

[Amber Thompson 4]

7 minutes ago, appleblossom said:

 

Forget the I-130, it's not relevant to your case as said above. 

 

You need to refile urgently, as he's now out of status and subject to removal. But once you've refiled then he's again allowed to stay. 

 

What was the RFE for, what did you have to re-send?

We were told we needed to file the i130 as well to establish we got married legitimately. 

The RFE was to fix the co sponsor affidavit of support because we didn't correctly fix a mistake when writing in a box. 

So with the denial do we file another 485 Right away along with the fee?

He also has his EAD and social security number administered by USCIS..

[Crazy Cat 44,516]

3 minutes ago, Amber Thompson said:

We were told we needed to file the i130 as well to establish we got married legitimately. 

You were misinformed.  Who told you that?

[Crazy Cat 44,516]

7 minutes ago, Amber Thompson said:

We were told we needed to file the i130 as well to establish we got married legitimately. 

The RFE was to fix the co sponsor affidavit of support because we didn't correctly fix a mistake when writing in a box. 

So with the denial do we file another 485 Right away along with the fee?

He also has his EAD and social security number administered by USCIS..

He needs to refile a new, proper  I-485 ASAP with new fee!  He will need to reapply for another EAD.  Social Security numbers are administered by the Social Security Administration. 

Edited Wednesday at 05:54 PM by Crazy Cat

[MalloryCat 727]

not sure why someone would tell you that. the only thing a K1 visa holder needs to establish they are married is the marriage license.

the work auth is longer valid because there is no longer an I-485 in process. 

he will need to apply for that again. 

[appleblossom 4,448]

10 minutes ago, Amber Thompson said:

We were told we needed to file the i130 as well to establish we got married legitimately. 

The RFE was to fix the co sponsor affidavit of support because we didn't correctly fix a mistake when writing in a box. 

So with the denial do we file another 485 Right away along with the fee?

He also has his EAD and social security number administered by USCIS..

 

Who told you that? Ignore anything else they tell you, whoever they are! That was wrong information. The guides on VJ (top of the page) are really good and worth a read to understand the process.

 

Up to you if you want to wait for the denial notice to see what you need to fix for the next application, or if you just file asap - personally given the current administration I'd be refiling immediately rather than risk it, but your call.

 

I'd expect his EAD to be revoked, as it was based on his I-485 which has been denied. But the denial letter will give you that info. 

 

Best of luck. 

Edited Wednesday at 05:57 PM by appleblossom

[smilingstone 608]

I-130 isn't needed for a K1 to adjust. Only I-485, and then the I-764 and AP petitions if needed. Really hope you didn't pay the person who told you to file the I-130...

 

Denied I-485 means your husband is now out of status and is at risk of deportation. His EAD is now also invalid so he cannot work.

 

If he returns to the UK, you may have to go the spousal route as K1 is expired upon first entry, and he will be without a valid visa for re-entry.

 

You need to refile entirely new I-485 and I-764 with current fees - check this incase they have increased since his original filing.

[Gary Rich 309]

2 hours ago, appleblossom said:

 

Forget the I-130, it's not relevant to your case as said above. 

 

You need to refile urgently, as he's now out of status and subject to removal. But once you've refiled then he's again allowed to stay. 

 

What was the RFE for, what did you have to re-send?

yep..and re-file fast

[Amber Thompson 4]

Thanks everyone. 

We didn't pay amyone, and we followed what we researched. Google, and reading USCIS pages. I guess we misread. 

I guess the best option is to refile the i485 asap regardless of what the letter says, as well as the EAD so while thats pending he won't be at risk of being deported. 

[Lemonslice 5,244]

46 minutes ago, Amber Thompson said:

Thanks everyone. 

We didn't pay amyone, and we followed what we researched. Google, and reading USCIS pages. I guess we misread. 

I guess the best option is to refile the i485 asap regardless of what the letter says, as well as the EAD so while thats pending he won't be at risk of being deported. 

Also, advance parole, if he thinks he'll need to travel.  

 

 

[OldUser 9,952]

Make sure to address issues with I-864 in new filing.

[Amber Thompson 4]

9 hours ago, OldUser said:

Make sure to address issues with I-864 in new filing.

Which form is the i864?

[OldUser 9,952]

7 minutes ago, Amber Thompson said:

Which form is the i864?

Affidavit of support.

It seems like your case was denied because of this form and evidence related to it:

 

20 hours ago, Amber Thompson said:

 

The RFE was to fix the co sponsor affidavit of support because we didn't correctly fix a mistake when writing in a box. 

 

 Make sure you make USCIS happy this time, so they don't deny it again.