Tico&Asha

Hello- I hope your case is going well. I just wanted to ask you a quick question, if I may. Was your brother under 21 when you filed the I-485? You mentioned you filed them months apart and I was just curious if filing the i-130 before 21 would make it ok to adjust status within a year of the priority date, even after the beneficiary turned 21.

@Misscloud I am writing to you to ask you for advice. My brother’s stepmother filed a i-130 and I-485 (recently denied for expired I-864 form) on his behalf. She filed before he was 21, however he is 21 now and his I-130 is on shaky grounds. They asked for evidence proving the link between petitioner and beneficiary, she sent a marriage certificate showing marriage between herself and my brother’s dad. She also provided a birth certificate that does not have his dad’s name on it. No solid evidence of a link was provided. The I-130 is still pending. Do you think we can submit DNA results now, even after the RFE was already answered? I look forward to a response. Thank you, Asha

Thank you for responding. The I-130 is still pending. He got the EAD approved, but after reading the letter, I realized it will become invalid within a few days. Can we just refile without them giving us that clear option in the letter?

Hello- My brother’s stepmother filed a I-130 and I-485 on his behalf. She received an RFE in December asking for the affidavit of support form and supporting documents. She responded to the RFE, but she made an error by filling out an expired I-864. Needless to say he got a denial. We want to know what the best option is for this case. Should we file a motion to reconsider? Can we just file a new petition? I have attached pictures of the denial letter. Please help 🙏🏽