How do i reopen my case? I-485

M

myaj

Registered Users (C)
my I-485 was denied last month because my co-sponsor was missing one year of the three last years tax return, i received a letter today from the immigration office saying that i can start a motion to reconsider or reopen, i decided to open a motion to reopen since i have now everything i need, how do i do that? i mean how do i open a motion to reopen ? is there a form i need to download? and do i need to explain to them why I'm filing a motion to reopen ??? thank you for your help.
Aj
 
Talk to a good attorney. And file a motion to reopen. You should open MTR with in 30 days time. But MTR IS NEVER ending process. It takes lot of time. Almost a year. Meanwhile better to file new AOS.
 
You think i should refile? and you said i have to apply within 30 days, from what date? the date my I-485 case was denied or from the date they sent me a letter telling me that i can apply for a motion to reopen?
my case was denied 25 of march, and today i received another letter from them telling me that i can file for motion to reopen, tha's more than a month after my case was denied,
thanks again
Aj
 
I am in the same situation, check my message.
Do you have an attorney. Weirdly, the denial letter only goes to the attorney, I did not get any coy of the denial letter from USCIS, while the online case status did not change at all.
 
I faced the same problem 6 months ago. I had talked to attorney and applied MTR with in 30 days after receiving denial letter from INS and meanwhile he applied new AOS (i485,i765,i130,i864,i131)for me, I didn’t get any kind of notice from INS for MTR , BUT FOR NEW FILING I got my new EAD and Finger print Notice, I am expecting my Interview notice soon. I have suffered a lot and I lost my job also.
Wish u good luck.
 
Got denial letter on 18th nov2004
Applied MTR on 23rd nov 2004
still no notice yet??????????????? :mad:


my new filing dates:

Fd: 03/01/05
Rd:05/02/05
Ead:05/24/05
Fp:05/26/05
Aos:?? :)
 
There is no such a form to apply for MTR, Just WRITE A decent letter...don't worry, If you have every supporting doc.just time factor.
 
YDDER:

So just a letter ? then how do we know if they grant the reopen or not. will it be reflected in I-140/I-480 case status online message. Did you see any change in your old I-140/I-485 ? thanks,
 
so in my case, am i late now, since my denial was 25 of march, and i only got the paper from the ins today saying that i can apply for motion to reopen dated may the 4th,
 
AJ,

Better to talk to attorney..don't delay..otherwise ur case will become very complicate..

you know i consulted 10 different lawyers..
 
Crystalview:


Enclose all supporting docs with the letter..and pay $110.Ins WILL issue a receipt ,keep that receipt for ur records..you won't get any notice from INS until six months.You can't able to track your case until you get the reopen notice from the INS. sIMPLY SIT and Pray GOD.

IN MY OPENION BETTER TO CONSULT LAWYER

Good luck
 
what makes things worst is that the ins told me in today's letter that i should get approved before my second marriage anniversary which is late august, so i only have 3 months left and you said that it takes six months, :( did u find a good lawyer?
 
can i change my co-sponsor now that I'm applying for motion to reopen? because my old sponsor didn't have all the last three years tax retur, that's why i got denied, so i don't know if i can change my co-sponsor.
thanks
 
myaj said:
my I-485 was denied last month because my co-sponsor was missing one year of the three last years tax return, i received a letter today from the immigration office saying that i can start a motion to reconsider or reopen, i decided to open a motion to reopen since i have now everything i need, how do i do that? i mean how do i open a motion to reopen ? is there a form i need to download? and do i need to explain to them why I'm filing a motion to reopen ??? thank you for your help.
Aj
Click to expand...

Hi! I am just curious, did they ask you to send the missing copies first or they just denied you already without asking for more documents.
Because I am also in the same situation. Please reply.
 
yes

myaj said:
can i change my co-sponsor now that I'm applying for motion to reopen? because my old sponsor didn't have all the last three years tax retur, that's why i got denied, so i don't know if i can change my co-sponsor.
thanks
Click to expand...

You can change the co-sponsor if you wish, or if she/he doesn’t have the last three years of tax returns, or doesn’t meet the income requirements.
 
sheilashy
yes they didn't just deny my case , they first asked me to give them some other forms, and when i did they said they were not the right ones, and so they denied my case,
 
thank you guys for your help, i just have a quick question,
my wife made in 2004 :12.000$ , 2003 : 12000 $, and in 2002: 8.000 $
I made in 2004 : 22.000$, 2003 : 4000 $, and in 2002 i wasn't here,
Can i apply help her sponsor me, like ask her to file the I-864, and i file I-864a for myself?
 
to Sheilashy

sheilashy said:
Hi! I am just curious, did they ask you to send the missing copies first or they just denied you already without asking for more documents.
Because I am also in the same situation. Please reply.
Click to expand...

Hi!
When/if INS denies your application they just sent you a denial letter explaining the reasons of denial and telling what you can do next. For example the letter might say you can file another application with the new fee, or file motion to reopen or file for a court appeal and so on.
Sometimes people receive RFE (reference for further evidence) – a letter asking to provide medical results, or a copy of a document that is missing, or something else they might need form you.
After you respond in a timely manner, your case is resumed, if not – canceled.
Sometimes the whole package gets returned because of incorrect or no fee was submitted. Doesn’t mean the case was denied - it wasn’t open yet.

Now, what situation you are talking about? Did anything else happen after your money order was returned? Did you get your Notice of Action ( the I-485 receipt) yet? Any other letters form Immigration?
 
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