HopefulForGC

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.