Pixelated

In the instructions of form I-290B it states that the beneficiary of a petition cannot file an Appeal or Motion, only an Applicant or Petitioner can.

Now the Notice of Decision that I received denying my I-485 filing was addressed to me the beneficiary. And in the letter they are telling me to file a I-290B so I am confused, am I not the Applicant of form I-485 (the one seeking AOS) or still the beneficiary in this case and that my spouse the sponsor/petitioner has to file the I-290B?!

1 hour ago, geowrian said:

Marriage to a USC means you are in an immediate relative category. These are exempt from that restriction for AOS purposes.

Is there any literature on that?

On 5/20/2020 at 11:51 AM, Paul & Mary said:

Don't file an appeal / motion for something that you failed to correctly file.  The AAO isn't going to find an error in the adjudication. You can find yourself out that costs and then the costs of filing a new I-485 and opportunity cost of the time delay.   File the complete and an accurate AOS package, including the I-944.

The problem with refiling is that my visa has now expired ( a month ago) and that's one of the requirements, to be in lawful status in the US. Also you can't travel abroad and come back because of Covid-19.

1 hour ago, Duke & Marie said:

Then I’d resubmit the I485 with the entire package.. i864, i131, i944 ect..  

 

resubmitting the entire package would be cheaper than paying for the i864 and I-290b combined 

The I-290b is $675 whereas refiling the 485 is double that.
 

3 minutes ago, Duke & Marie said:

Yeah, I updated my post.. 

 

really need to know the status of the i130 before moving forward 

2 minutes ago, Duke & Marie said:

Could be a case of i130 declined resulting in auto rejection of i485... who knows 🤷‍♀️

The denial letter clearly states that AOS was denied because the I-864 affidavit of support was not submitted with the I-485 package

6 minutes ago, Lucky Cat said:

Unless the I-130 was denied, I don't see a reason to resubmit another one.......

@geowrian

Their website states that the i-130 is still in "Process" or under review

3 minutes ago, Lucky Cat said:

From what status did you file for Adjustment?  

I-130 Petition for Alien relative (Spouse of US Citizen)

11 minutes ago, Duke & Marie said:

The letter was correct, the beneficiary cannot file I-290B unless instructed otherwise by USCIS.. only the petitioner 

 

 

I read that instruction but am I not the applicant of form I-485 as it was completed by me alone and the Notice of Decision denial letter for form I-485 was also addressed to me and not my spouse (Sponsor). ?!

3 minutes ago, Lucky Cat said:

Why are you appealing instead of refiling the I-485?

I am not appealing I am making "motion to reopen" as I am still within the 33 days allowed in the letter.

I am submitting the missing I-864 affidavit of support instead of restarting the process from the beginning.

Btw does refiling entail refiling I-130 also or just I-485?

I am about to file form I-290B because my I-485 adjustment of Status (Marriage with US Citizen) was denied due to missing form I-864.

Question: Even though I the beneficiary filed for I-485 that was denied, am I the one submitting for I-290B or the sponsor which is my spouse? it is confusing, the denial letter states the beneficiary cannot file I-290B. I am the applicant of I-485 that was denied but also the beneficiary of the filing for AOS/Green Card.

If anyone can help, thanks.

Also is there a template / Cover letter sample that addresses the I-290B Motion to reopen? thanks.