Help: i-485 denied

C

crayon

New Member
Hi all,
i was on a f1/opt when my wife USC filed i-485,i-130 and i-765 for me, we received a letter today saying that our i-485 was denied because of underage sponsor. My wife had signed the affidavit of support she's under 18 however my uncle had co-sponsored with her having sufficient income.

They further said we cannot file an appeal, could someone please advice what are our options? can i file another petition and adjustment of status again, if we are legibile to file it again im sure it will be approved because she turns 18 in 2 months. Am i illegal now or do i still have my f1/opt status.

any advice/suggestion is appreciated.
 
you need to file a motion to reopen and resend documents from your uncle again. Write a cover letter stating that you are using a co-sponsor's income.
 
LucyMO said:
Write a cover letter stating that you are using a co-sponsor's income.
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I don't believe they're referring to a sponsor in that sense; my understanding is that a US citizen may not sponsor an immediate relative until he or she reaches 21 years of age.
 
TheRealCanadian said:
I don't believe they're referring to a sponsor in that sense; my understanding is that a US citizen may not sponsor an immediate relative until he or she reaches 21 years of age.
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Meaning an US Citizen can not "Sponsor" his/her husband until he/she is over 21?

There was a poster here asking questions about AOS. He was the alien and 22 years of age. And she (the USC) was 17... :rolleyes:
 
crayon said:
Am i illegal now or do i still have my f1/opt status.

any advice/suggestion is appreciated.
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Unless they said they took away your F1/OPT status, then it doesn't seem like you would be illegal. Your F1/OPT status should be the same since you have all your documentation. You were denied the i-485, but that should not affect your current status as F1/OPT. Now, when your F1/OPT expires, you will have to think about other options because you will not be legal to work at that point.
 
re

thank u for the feedback everyone

yes they are not reffering to a sponsor they are reffering to the petitioner i.e the petitioner cannot file i-864 untill they are 18....a USC can file the petition i.e i-130 but cant file i-864 till they get 18.

I dont know how to find out if my f1/opt is still valid...the USCIS cust serv is useless you get a different answer each time you call, same with the lawyers.
 
TheRealCanadian said:
I don't believe they're referring to a sponsor in that sense; my understanding is that a US citizen may not sponsor an immediate relative until he or she reaches 21 years of age.
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Maybe, but I'm not so sure thats the case. I just read through the I-130 instructions, and it clearly says a USC must be 21 or older to sponsor a parent, but makes no mention of a minimum age to sponsor a spouse.
 
crayon said:
Hi all,
i was on a f1/opt when my wife USC filed i-485,i-130 and i-765 for me, we received a letter today saying that our i-485 was denied because of underage sponsor. My wife had signed the affidavit of support she's under 18 however my uncle had co-sponsored with her having sufficient income.

They further said we cannot file an appeal, could someone please advice what are our options? can i file another petition and adjustment of status again, if we are legibile to file it again im sure it will be approved because she turns 18 in 2 months. Am i illegal now or do i still have my f1/opt status.

any advice/suggestion is appreciated.
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Sorry to hear about your denial..
The best you can do is wait till our wife is meets the requirement to file agewise, and then at that time please consult a lawyer.
As far as status is concern you were a non-immigrant but right from when you filled your 1-485, you declared an intent to become a US immigrant.. under normal circumstances right from that moment, you are no longer considered an F-1/ opt status anymore but its called and Intended immigrant in progress or something like that.
The deal here is that you are still legal.. cos you are married to a USC..
For the benefits associated with that like EAD... etc.. i'll say talk to the USCIS. Also before reopening the case when she meets the age requirement, please consult an immigration lawyer.... you will need one.
good luck.
 
The spouse (USC) needs to be 18 to signee the I-864, even cosponsored. Under 18 years of age, you can not get in to a legally binding contract, which I-864 is (it even explicitly states in the directions). The cosponsor is only for the Income Requirements. Your status in US is ok but you should not levee US as you showed intent to immigrate. Wait until she becomes 18 and re-file. In your denial letter it will say that this denial does not affect future fillings
 
re

thank you all for the comments it was all helpful and thank u sk28...we finally found a lawyer that has a bit more sense then other lawyers and have setup an appointment for monday so we're keeping our fingers crossed..i'll post the outcome of our meeting with him soon.
 
sk28 said:
The spouse (USC) needs to be 18 to signee the I-864, even cosponsored. Under 18 years of age, you can not get in to a legally binding contract, which I-864 is (it even explicitly states in the directions). The cosponsor is only for the Income Requirements. Your status in US is ok but you should not levee US as you showed intent to immigrate. Wait until she becomes 18 and re-file. In your denial letter it will say that this denial does not affect future fillings
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he said the denial letter said "this can not be appeal"
so his best option will be to reopen a new case when she becomes legal.
 
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