Derivative I485 denied in error

Anujdevan

Anujdevan

New Member
Hi there,
Myself and my wife applied for AOS in November 2021 and I recently got my GC approved whereas my wife got a denial.My wife filed as derivative in Nov 2021 but she also had her i140 approved from her employer.

Yesterday, I received her denial notice and it clearly shows an error on USCIS side as they didn't adjudicate her application as my derivative but instead they adjudicated her's based on here 140 which we never applied/asked for.

My wife was on H4/H4 EAD valid until 05/08/2022. Since my GC got approved, I assume that is no more valid so she has stopped her employment immediately.

My employer(who filed our GC) is now preparing for a motion to reopen/reconsider.

But, my question is that - based on her current H4/H4EAD status - can we also refile her 485 in parallel? This would be a backup option in case MTR doesn't go through in 180 days or comes back as negative.
 
She is eligible to file a new I-485 (though if the denial is clearly in error, hopefully they will reconsider it). Although she is out of status since your I-485 was approved, since you guys are immigrating in an employment-based category, INA 245(k) allows her to file AOS as long as she has not been out of status or working illegally for 180 days since her most recent admission. So if she files a new I-485 less than 180 days after your I-485 was approved, and she does not work illegally after filing, that new I-485 will be valid.
 
newacct said:
She is eligible to file a new I-485 (though if the denial is clearly in error, hopefully they will reconsider it). Although she is out of status since your I-485 was approved, since you guys are immigrating in an employment-based category, INA 245(k) allows her to file AOS as long as she has not been out of status or working illegally for 180 days since her most recent admission. So if she files a new I-485 less than 180 days after your I-485 was approved, and she does not work illegally after filing, that new I-485 will be valid.
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Thanks for your response, I truly appreciate it!!
 
Hello, It happened same thing to us. I am an EB3-2 principal applicant. concurrently filled with husband and daughter (derivates) My I140 (premium process) was approved on 06/21/2021. On April 22 2022 my I485 and my daughters were transferred to NBC, my husband stayed in TSC. I got my approval on May 28 and my daughter on June 17. My husband got a deny letter on Aug 03 stating that he his an Eb1 principal with an I 140 denied. That AOS to a previous I140 which was from an L1 visa that was Deny on April 11 2019. This is a Clear error, us I understand we need to fill a Motion to Reconsider. Our visa expired on Jan 2022. So my husband now is ilegal until we fill the motion to reopen>? is any other way to correct this error? Our lawyer wants more money for doing the MTR and the Form I290B cost. Its really crazy.. do we really need to wait up to two years for this thing to ve solved ????
 
Tzyman said:
How is you case doing, to see if I have hope
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Hi. Am in the same boat. My wife’s 485 got denied stating she was principal beneficiary, even though she was derivative of my I485. We have file Motion to Reconsider. Did your issue get resolved?
 
Anujdevan said:
Hi there,
Myself and my wife applied for AOS in November 2021 and I recently got my GC approved whereas my wife got a denial.My wife filed as derivative in Nov 2021 but she also had her i140 approved from her employer.

Yesterday, I received her denial notice and it clearly shows an error on USCIS side as they didn't adjudicate her application as my derivative but instead they adjudicated her's based on here 140 which we never applied/asked for.

My wife was on H4/H4 EAD valid until 05/08/2022. Since my GC got approved, I assume that is no more valid so she has stopped her employment immediately.

My employer(who filed our GC) is now preparing for a motion to reopen/reconsider.

But, my question is that - based on her current H4/H4EAD status - can we also refile her 485 in parallel? This would be a backup option in case MTR doesn't go through in 180 days or comes back as negative.
Click to expand...
Hi. Am in the same boat. My wife’s 485 got denied stating she was principal beneficiary, even though she was derivative of my I485. We have file Motion to Reconsider. Did your issue get resolved?
 
@whitemimauz3 all good there. Attorney confirmed and thats why filed motion to reconsider. Has anyone’s Motion to reconsider got approved in the exact same situation? If yes, how long did it take to get the approval?
 
I applied for my parents' green card November 2022. USCIS asked for more information June 2023. January 2024 my mom's case is denied based on one page missing in her I-864 form. it is the last page with additional information which she did not have. What should I do next? I-290B? what are my chances? File I-485 again? in that case do I have file i-130 if it is still pending?
 
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