485 Denied !!! Help

D

dominic

Registered Users (C)
Hi everyone
Today i found out that my I-485 was denied. My wife is sponsoring me. I was approved for I-130. We already had the interview back in february everything went well. but first i didnt have my birth certificate so they gave me 30 days to bring that, after i sent them my birth certificate then they said that i did not submit all 3 year 1040`s tax returns of my joint sponsor (my wife was in college so had no income) so finally they sent me a letter saying that the I-485 is denied even.
I applied at Albany NY.
The letter they gave me is saying that they will deport me that i have to leave. Our marriage is real we are thinking about moving back to my home together and leave the country, though there will never be a chance for me to come back here.
They told me that i could appeal given that i have the documents that were missing. which i belived i will have this weekend.

Can anyone tell me how the appealing process goes? Is there a chance of actually turning this around?

The only problem they told me at albany was that 2002 tax return was missing...

i appericiate any advice you can give me
thanks
 
do not panic ...

I understand that the i-485 adjustment of status on marriage basis to a USC or GC holder doen`t get denied oftenly . What you should do before the time periode that they give you , you should file motion to reopen the i-485 case , then you should look for the missing document and since that was the reason why they denied it so the case would be approuve this time . Make sure you got all the document requested because the basis of getting your GC was because of marriage and if you can proove that all the document are here so they would approuve it . do not waste your time send that motion to reopen . These denial upon request for evidence are common these day , i`ve been reading something concerning the
"
Requests for Evidence (RFE) and Notices of Intent to Deny (NOID)
02/16/05 William R. Yates HQOPS (Notice of Intent to Deny, Request for Evidence)" on the uscis website . this is a new procedure to help reduce the backlog by requesting all evidence upfront and if all evidence are reach and the case approvable so it must be approuve . On the other hand iif an evidence is not receive by the time ordered the case would be denied .

just don`t panic man reopen the case and make sure that you send the evidence .
 
thanks so much, this is the only good news we heard today. thanks
one question; what they say by appealing is actually reopening the case then? or do i have to do something else in order to reopen the case? They didnt really tell me anything at the office which is normal i guess considering the other 40 people waiting in line at the time
 
dominic said:
thanks so much, this is the only good news we heard today. thanks
one question; what they say by appealing is actually reopening the case then? or do i have to do something else in order to reopen the case? They didnt really tell me anything at the office which is normal i guess considering the other 40 people waiting in line at the time
Click to expand...
Once you appeal, your appeal will either be accepted and approved or it will be denied. If appeal is accepted, your 485 will be reopened automatically. That is the purpose of appeal. BTW, you only have 30 days to appeal from the date they denied your 485.

If you don't mind, I would suggest something. If you are serious about your GC, then hire a good lawyer. I know you can do it yourself, but in such a situation it will be worth to spend this money. Again, go for a good lawyer.

Best of luck.
 
I dont get it..so does that mean you did not submit the affidavit of support (joint sponsor) along with last three years tax returns during hte application process?

were you asked to submit a new I-864 along with last 3 yrs tax returns during the interview and did you fail to submit those?
 
hiring a good lawyer is a good idea too.

because a denial of i-485 is such a big concern it would be wise to hire a good lawyer and let him resolve this issues with the uscis , they know the laws sometime better then the officer adjudicating your case . I know you could do it yourself but just in case it becomes really complicated which should not be the case because of the reason of the denial but you never know better spend some money now then having the worst happen . Do not waste time cause USCIS won`t give more .
 
Maybe have both a good lawyer AND a congressman/senator involved. I know someone who faced similar situation. I don't know the details, but basically, she applied for GC through marriage back in early 2001, later she was asked to submit her husband's divorce certificate. They submitted but INS office didn't receive it and her case got denied. They had to ask their senator for help, her case was reopened and finally got approved last year.
 
Dominic,

If you(your wife) don't have a tax return because you didn't had any income that year, then get a tax transcript or some thing from IRS that states that you don't have tax returns because you did not had to file.
 
I think the marriage here has nothing to do, the denial was because lack of documents. The part I don't get and probably I am asking this is to all of us take precaution in the future:

1. you said that the interview went well, did you had your birth certificate at that time and you submitted it before along with the forms before the interview?

2. Since you had to file I-864A because your spouse didn't make the 125%, did you submitted your tax returns along with the forms? or is now that you will have all your tax information.

I want to clarify if it's because you never sent those documents or because they lost them and now you had been notified about it.

Thanks!
 
Gc and Appeal case

I am in a similar situation. My I-485 was denied in jan '05. I had the interview in Oct '04. They needed additional info which was submitted a few days later. My appeal has been in since feb '05 and i have not received any response. My lawyer has sent in inquiries and nothing as yet. It has now been about 7 months. Do you know how long they take to respond to appeal cases? If anyone has been in a similar situation please email me or let me know. Thanks.
 
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