Phenom

Hello everyone. My wife and I filed I-130 and I-485 concurrently earlier this year. We recently received the approval of her I-130 petition and we're almost ready to refile I-485 to adjust status. The original I-485 was denied because our joint sponsor on I-864 could not get their tax return ready in time after USCIS asked for it by RFE.

We're getting to the point where we're about ready to try again, this time with our joint sponsor being ready as well. My questions is on the filing fees. Do we have to pay the biometrics fee again since my biometrics were taken the first time around? Also, will I have to have a civil surgeon complete form I-693 again?

Thank you!

When the I-485 was denied, did the denial mention anything about the lack of proof of lawful inspection? Normally this is a pretty big part of the I-485 approval. What did you submit to prove lawful inspection? I only mention this because it would be a shame to go through all the expense of re-filing, getting financials together again, and everything else only to be denied again for not having the inspection evidence. I've known a few people who lost their inspection evidence, and in the long run actually had to go through consular processing and the waiver process because they could not prove that they entered legally. Make sure this is not an issue in your case before you invest more time and money in the I-485 part of the process.

Oh, I forgot to mention that I still have my passport that was used at the port of entry. It shows a stamp dated Nov 1990 and the nonimmigrant visa.

At any time did you claim to be a USC to get a job or into school ?

I can't say for sure. It's been a while.. It is possible, though.

Hello everyone, my wife (USC) and I (intending immigrant) got some good news in today's mail. Her I-130 has been approved and I am now able to submit form I-485 for adjustment of status. However, we see a couple of issues that may cause some hiccups along the process. First, some history:

Entry:

I am 31 years old and have been in the US since November of 1990 (22 years), I have never left the country in that time.

My family entered the country on visitor visas, through a port of entry, with inspection.

Any I-94s or like documents have been lost or misplaced since our time of entry.

School/Work:

I graduated from a US high school.

I've worked in the US, illegally, and have used a fake SSN.

Marriage/Family:

We were married in Sept 2010 and have lived together since.

Our daughter was born in July 2011.

I-485 Filing:

We filed for adjustment of status concurrently with this I-130 application. USCIS sent us a RFE asking for affidavit of support (I-864). We sent the I-864 plus an additional I-864 from a joint sponsor. My wife is a stay at home mom and has no income at this time. USCIS responded with a second RFE for our joint sponsor, asking for his 2011 tax return, which was not available because he had filed an extension with IRS, therefore, the I-485 application was denied citing lack of evidence (the joint sponsor's tax return) and the money we paid for filing fees is gone.

Now that the I-130 is approved, our joint sponsor has said that his tax return is finally completed, filed, and available if we need it again. My concern is that since I-485 takes a few months to be processed, putting us past Jan 1, 2013, that USCIS will require our joint sponsor's 2012 tax return and he will not have that available until later in 2013. So my question is: is it wise for us to file again, using the same joint sponsor? Technically, his 2012 taxes aren't due to be filed until April 2013, so would it be wise for us to proceed at this point?