HopefulForGC

Hi, another update, my I-130 application status was changed to "Case approved" on April 5th, 2024. I-485 is still pending the RFE for medical!

Hi , providing an update. My lawyer submitted the I-290B motion to reopen/reconsider for both my I-130 and I-485 on March 7th, 2024. In the filing, he also included the evidence for the original RFE. Lawyer did not charge for this service but I paid a filing fee $1350 unfortunately. Today, both my I-130 and I-485 cases were reopened and status changed to “Case is actively being reviewed”. In addition, for the I-485 , my field office sent me another RFE notice which is asking me to resubmit my medical because the last one I submitted with the original application is no longer valid as it’s been 2 years. I think this is good news as it may mean the original RFE for a bonafide marriage has been cleared and now I just need to clear the medical RFE again. I will be submitting the RFE for medical in the coming days and will report back, but I have a feeling GC is coming soon. Thanks all for advice.

Thanks, will keep updated

I realized now how important it was to send the evidence with the original application. When I brought it up with my lawyer yesterday he said that he has been doing it for 25 years, and that’s how his firm does it. No evidence until interview or until asked. I told him to file the 290b for me without fees and he agreed to do it without a fee.

Yes, F2A was current, when I filed. I am concerned with Timona's reply and don't really understand what they mean by "maintaining status". I thought my pending I-485 was to maintain status or remain lawfully present in the USA. The I-485 was only denied because the I-130 was denied, so not sure if me being out of status was a concern before the denials came. Would love more clarifications here, and not sure why Timona thinks I took some kind of shortcut, because I only went by the situation at hand and what my lawyer recommended. That being said, thank you all so much for responding with your thoughts and helping out. I see some people raised a concern about me adjusting status from B1/B2, so I want to provide some context. I want to start by saying that I have known my husband since 2016. I met my husband while I was on a J1 training exchange program to the USA between 2016 - 2018. When my J1 expired, I rightfully went back to my country to avoid being out of status. We were doing a long-distance relationship. Between Feb 2018 and all way until March 2020 (when Covid started), my boyfriend at the time visited my country a couple times, and I visited him in the USA a couple times, legally ofcourse. None of my visits during this time were longer than a few weeks, and I was never out of status. Apart from my handful of visits to the USA during this time, we also went on trips to Canada and other countries. When Covid started, I was unable to visit my husband for 2 years, until the Europe travel ban was lifted (I am a European resident). As soon as the Europe travel ban lifted, I was finally able to travel to the USA to meet my husband again. During this visit (on B1/B2), to my surprise he proposed to me and I said yes. We got married about a month after he proposed. After we got married, I filed for AOS and my husband petitioned for me (I-130, I-485, I-131, I765) because I wanted to be by his side, especially with all the uncertainty covid was bringing at the time. We paid legal fees of over $6000 to do this. During the filing, I asked the lawyer, should we submit evidence that we had all the way from 2016, from when we met, and the lawyer said that I do not need to, and that I would instead take all the evidence with me to the interview (whenever that happens). This is why my original application never had any evidence attached. Now, since March 2022 (when we filed) and fast forward to today, I have stayed in the USA while my I-130 and I-485 were pending. My I-765 and I-131 were approved in December 2022 and April 2023 respectively. During this time, I left the USA to visit my home country, and entered back legally using my I-131. I also left to visit my husbands home country (Canada) several times, and paroled successfully back into the USA on my I-131 advanced parole document. Since we got married, we have bought a house together as well and are planning a family too. We have countless evidence of bonafide marraige dating all the way from Fall 2016, since I met my husband. My RFE package that I had prepared, and was about to send out before all the denials happened was a very solid RFE package according to my lawyer. It included lots of trips, flight tickets, honeymoon, wedding photos, family visits, joint bank statements, joint insurance, joint bills, joint tax returns. Literally everything. I was so excited to finally submit the evidence and be approved, until ofcourse the USCIS error happened. I had a few more questions. My attorney wants to file a Motion to Reopen for the I-130. When asked if we should file a motion to reopen for both I-130 and I-485, they said that only the I-130 is necessary and what he is recommending. He said that filing the I-485 motion to reopen will not be necessary, but if I want to, I should also send the filing fee for that as well. Also, some people wanted me to confirm whether March 18th deadline was explicitly mentioend in the RFE notice I recieved on Dev 22nd. Yes, it was explicitly mentioned and I am attaching a snippet of the RFE notice. They clearly stated in bold deadline of March 18th.

I entered on a B1/B2 visitor visa, and was doing adjustment of status (I-485) at the same time as the I-130 was pending. They denied the I-130, and the I-485 together. The I-130 denial says that I failed to provide evidence of a bondafide marraige. Here is a snippet from the I-130 denial:

My husband will become eligible for citizenship in July 2024. He plans to apply for naturalization then

I have everything prepared for a few days now, I am ready to send it, but the denial caught me surprised. Should I send the request for evidence package, along with a copy of the RFE notice, to the USCIS field office outside of the motion to reopen? And then separately, file a motion to reopen as soon as possible?

The I-485 denial notice mentioned : You are not authorized to remain in the United States. If you fail to depart the United States within 33 days of the date of this letter, USCIS may issue you a Notice to Appear and commence removal proceedings against you with the immigration court. This may result in your being removed from the United States and found ineligible for a future visa or other U.S. immigration benefit. You may not appeal this decision. However, if you believe that the denial of your Form I-485 is in error, you may file a motion to reopen or a motion to reconsider using Form I-290B, Notice of Appeal or Motion. The grounds for a Motion to Reopen and Motion to Reconsider are explained in 8 CFR 103.5(a). You must file Form I-290B within 30 days of the date of this decision if the decision was served in person, or within 33 days if the decision was served by mailed.

Update: I just received the I-130 denial in the mail. It says that "according to RFE notice issued on Dec 22, 2023, you have 88 days to provide the evidence". Then it proceeds to say that "I failed to provide the evidence". Dec 22, 2023 + 88 days = March 18th, 2024. Their own denial letter mentions I had until March 18th to submit the evidence. How did they screw up this bad?

Hi, I am reaching out for some advice and help on how to proceed. I am the wife of a green card holder and filed my I485, I131, I130 and I765 in March 2022 based on F2A application. On November 20th, 2023, my I-130 case status changed to "Request for Evidence Sent" (see attachment). The notice did not get uploaded to my USCIS account, and I never received it in the mail. I waited patiently until December 11th, when I submitted a "Service Request" on USCIS to have the notice sent to me again. On December 22nd, I finally received the notice in the mail according to USPS Informed Delivery. I was out of town due to christmas and holidays, so I did not get home until Mid January to see the notice. When I got back, the notice mentioned that I need to provide evidence of a bonafide marriage, anything from photos of trips, shared utilities, bank statements, etc. The notice clearly stated that the deadline to submit the evidence was March 18th. Around mid January, I started to prepare the request for evidence package. I had to wait for a few weeks to get some documents such as a letter from my bank stating when the joint bank account with my husband was opened, etc. This is why it took me some time to prepare the completed package of evidence. Finally, around mid Feb, I was ready to mail the package to USCIS. However, on Feb 20th, before I had mailed the package, I got notified on my case that both my I-130 and I-485 were denied. On USCIS account, only the I-485 denial notice was uploaded. Both cases I-130 and I-1485 showed "Case closed". The denial notice mentioned that my case was denied because I have not provided any evidence that suggest I am eligible to remain in the USA. I fear that this is a clear USCIS error, in which the field office who was adjudicating my case used the original date of November 20th, 2023 to calculate the deadline of Feb 20th, 2023, instead of using the deadline on the RFE notice I received on Dec 22, 2023, which clearly states multiple times that the deadline for RFE is March 18th, 2024. Now I am not sure what to do. My family member said to send the RFE as soon as possible, with a copy of the RFE notice, and explaining that the deadline was not until March 18th, 2024. I spoke to a lawyer, who said that sending the RFE is not going to help because the case is already denied and they will just ignore it. Instead, the lawyer advised that the only correct course of action is to file a motion to reopen the case, where we will submit the evidence package, and the RFE notice, and explain that the case was closed in error, and prematurely. Some of my family members are saying not to file the motion to reopen, and just reapply to the I485, I131, I130 and I765. I am so lost and don't know how to proceed. I have been lawfully present in the USA on my I-485 for last two years and have been patiently waiting for approval. My biggest fear is that I do not want to be out of status and complicate my case any further. The lawyer said that I do not need to leave the USA because once I file the motion to reopen, I do not need to leave the USA. I fear that lawyer may not be 100% correct here, because if the motion to reopen gets denied for any reason, I will be out of status, and subject to removal proceedings, and can complicate my case even more. Should I file motion to reopen or should I reapply everything? Should I try reaching out to the field office director who signed my denial notice on Linked In to explain the situation? Is there any way I can get them to look at the case again without having to file the motion to reopen, like maybe going through EMMA or calling USCIS? Can I file mandamus based on this denial to remain in status or for them to look at my case again? My biggest concern is having to leave the USA, because my husband and I just bought a house together and we are planning a family. Leaving the USA would be terrible, but at the same time, I do not want to be out of status.