Teddyy

In terms of a 485 denial - have any of you filed a motion to reopen the case and been accepted?

We were denied due to a birth certificate error. 

They requested a 'long form' birth certificate and we sent what the country sent us. It had the required information on it but not

in the format they wanted it I suppose?

Either way - we requested the long form certificate (that has the exact same information) by mail from the country of birth

and am wanting to send a motion to reopen the case with the new documentation as well as the form to waive the filing fee. 

Has anyone here been approved for a motion to reopen? I'm aware of it possibly being rejected and it would be better to file another 485-- I just don't see the point in that if this is a viable option.

2 minutes ago, aaron2020 said:

To successfully appeal a denial, you need to show that USCIS made a mistake.  If you didn't send in the long form birth certificate in response to the RFE, then USCIS did not make a mistake.  You also have to pay to make an appeal.

The goal is to get the green card, so it would be best to file a new I-485 and be done.  

Best of luck.

Thank you for the direct answer.

I could file a motion to reopen though, right? To provide the new documentation. Since there are several ways to 'file a motion'

The reason why this is so confusing is because USCIS requires certain things on the birth certificate- parents name, place of birth, etc.

The birth certificate that was filed had all of the information they requested on their website. Why is it now an issue even with what they required presented to them?

I called USCIS and filed a request for more evidence as well as a request for admin error. 

On 1/19/2021 at 4:32 PM, HRQX said:

Still respond to the RFE so that the pending I-130 petition isn't negatively affected.

Looks like USCIS specifically wants the "Copie Integrale de l’Acte de Naissance" accompanied with a translation https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/France.html

We received the full version in the mail express from France. Would you recommend trying to file a motion? Or do we need to pay another 1,200 dollars to file another 485?

Talk about irritating. No matter the phase she eventually cuts you off. I'm sure she heard a few things she didn't want to hear.

After repeated attempts of about 20 times trying multiple phrases I tried a simple "forgot password" for my online account. It will ask if you have took the steps online and I said yes. Then it rerouted to a representative. 

Hope this helps someone!

In January of 2020 we sent all the necessary documents for the Adjustment of Status - I-485, I-864, etc

In July on 2020, USCIS sent a RFE to send more documents pertaining to the i-485

The majority of the items they asked for was already sent the first time - but I sent them again just to make sure they got it. To make sure there wouldn't be an issue we added another sponsor as well.

Fast Forward to November 2020 we receive another RFE for i-130

Asking for more of the same things I had sent previously (again) lease, bank account statements, etc.

The RFE for the above mentioned is due in February and I am still collecting and printing documents for this particular RFE and have yet to send it.

During all of that ... today we received an Notice of Decision regarding the application which says they are denying it based on lack of birth certificate for the applicant.

We have sent this birth certificate twice... The first time was the birth certificate with an English translation that was not USCIS approved apparently. 

The second time we sent the birth certificate with an approved USCIS translation.

On this notice of decision it states 'you are not eligible to adjust status because you failed to submit: A copy of the applicant's long-form birth certificate or other primary birth record issues by the appropriate civil authority.... etc etc. Any foreign language documents must be accompanied by a complete English translation.'

I have attached the Notice of Decision if you wouldn't mind taking a look at it and see if I am missing anything.

I'm so frustrated, worried and do not understand what the issue is.

Also - they did not wait on the other documents from the RFE in November. Do I still send those documents since they did not wait on them to make a decision? 

When will file the 1-290B do we file to reconsider or reopen? Or file a motion if this is a mistake on their end ? how do I fight that and not have to pay the fee associated? 

It states she has 33 days from the date on the letter to file the appeal or she will need to leave the united states. The date on the letter is December 28th. We did not receive this until today- Jan 18th.

Does this mean we only have 10 days to get documents sent all the way from France?

Anyone have any information that they would be happy to share???

I am the co sponsor for my spouse, but they are requiring a joint sponsor now as well.

For the joint sponsor I am assuming the following will be needed : Copy of 2019 tax returns -- Proof of citizenship -- Do I just get a copy of their Passport for proof of citizenship? Will that be enough?

As well as I-864. Is this all the documentation they will need?

Also - Since the person is married and filed a joint tax return does their spouse have to file a I-864A as well? 

Later on down the page it says 'The Petitioning sponsor lists their current income on I-864 as an amount to be considered as sufficient, however, no evidence has been submitted as proof of current income.'    I don't understand this because I sent them all off my paystubs back in January when I first filed... I am just now regaining employment due to COVID and will not have paystubs for the past couple of months. Do I just let that go since the joint sponsor is now in the mix?

I'm stressing out and do not want to get this wrong and be denied... so any advice is greatly appreciated. 

Also, do you know who I can contact about getting a birth certificate translated ? It has to be certified that the translation is accurate and I don't know if there are ones that specifically do this type of work for USCIS

4 minutes ago, aaron2020 said:

Get a Joint Sponsor.

 

Your 2018 tax return did not meet the I-864 requirements.

 

Your 2019 tax return isn't going to help since you no longer have that job.

 

Also, your current income is zero since you're unemployed.  

Should I still re file as a joint sponsor with the other person as well since I am the spouse?

We filed in January 2020 and on August 3rd 2020 we received 'Request for Evidence' paperwork for two different documents:

I've attached the letter  --- https://ibb.co/Ctmh7Pb https://ibb.co/xz3SgDS

1 - The applicant must provide a copy of the birth certificate. We submitted one but the one her mother sent over to the United States did not have 

the parents names on the document for some reason. This shouldn't be as issue and can be done fairly quick.

My main concern is # 2 which is the I-864. I'm at a loss of what to do. They are saying based on the documents they have received they could not determine

that I am qualified ( the petitioning sponsor). I sent them my 2018 tax returns which was just under the 125% poverty limit. I had yet to file for 2019

but have done that recently and it is over the poverty limit. Should I use the 2019 tax return as well? They are also asking for pay stubs (which I sent in) but the major issue is I am

currently unemployed due to COVID. I have a job prospect within the next week to return to work, and I could send them my previous pay stubs again but will that even matter ?

On the paper is states 'prospect for future employment'. They also want assets which I don't own my house ( I rent) and I also don't own my vehicle ( I make on time payments every month)

I don't have stocks or bonds.

I'm so worried that if I resend everything I have that it still wont be enough and they will deny the application.  I wish they were most specific on what didn't qualify as in they didn't have enough paystubs or if it was the AGI on 2018. Should I chance it again and resend my documents, or try to involve someone else as a joint sponsor ?

1 hour ago, Allaboutwaiting said:

Domestic travel by plane is OK and poses no risk. 

She must carry her foreign passport and copy of NOA1 for AOS; some people also carry a copy of marriage certificate (just in case).

There is no risk of deportation and TSA would not stop her for immigration questioning -only CBP would if they are around-.

If CBP were around, do they have the right to possibly deport her? Or anything other than detaining her momentarily to ask questions?

Congratulations! 😀

6 hours ago, Rearviewmirror said:

Does she have a US driving license? If so, just use that and the TSA agent will not treat her differently from any other passenger.

She had one but it expired when her J-1 did so I don't think they will accept that right?

2 minutes ago, Jorgedig said:

Her SSN is for life and the number will never change.  Did you apply for concurrent EAD/AP combo card?  It is free when applied with or after an I-485.  Although her SSN won't change she needs the EAD to be able to work.

 

A pending AOS app means she is here under status of authorized stay. So yes, if you travel domestically, just bring the NOA1, which is evidence of a pending AOS.

Yes we applied for the EAD/AP but have not received anything. Is that suppose to come by mail or email? I'm just guessing that COVID has delayed everything but is it common for someone to of not received their EAD 6 months after applying?

Not sure where to put this discussion seeing as I have a few questions.

A little bit of background information: My SO and I (me being the US citizen) got married last year in the United States and filed all the necessary paperwork in January. She currently lives with me in the states. February she had her biometrics appointment, and we are still waiting on an interview. With the pandemic are others seeing this type of delay as well? She has yet to receive her EAD or anything after the biometrics.

We have to travel to another state and the fastest way is by plane. Is there any chance TSA will stop her? Deportation? Can we bring her valid Passport from her country and the receipts for her AOS?

I'm freaking out about it and not sure if its worth the risk. Obviously leaving the country wouldn't be such a grand idea, but is domestic travel by plane okay?

I searched this question prior to asking but could not find anything from year 2020 and immigration laws are always changing.   

As far as her getting a social security card, do we have to wait until she gets her GC? She has/had a SSN while she was here on her J1. Is that still valid?

I appreciate any help!