My question is this, if my AoS application was denied and I filed for a motion to reopen and that was denied as well, would i be able to reapply and start over? What if my visa had expired while I was waiting for the decision on my first application? Is it still possible? Also, is it possible in any way to apply for an AoS without a joint sponsor even if my husband's salary doesn't quite meet the 125% above poverty if we can show our expenses and show that we can make it financially without a sponsor?
Reapplying
- Thread starter Eledhril
- Start date
austriacus
Registered Users (C)
Unfortunately I don't think you can claim that you don't spend that much, therefore don't need 125% poverty line income ... but you can use assets too to meet the requirement. How much short of the requirement is his salary, is it close?
Is your husband a US citizen? Then your overstay will be forgiven.
Is your husband a US citizen? Then your overstay will be forgiven.
What was the basis for denying your AOS application?
Yes, my husband is a US citizen, born and raised. His salary falls $3000-4000 short of the 125%.
They denied my application because we failed to appear for the 2nd interview because I had forgotten to bring the appointment letter and was not allowed to enter the INS building. We couldn't go home to get it and make it back in time because we didn't have a car at that time and the buses take forever here in Phoenix. I had called the USCS hotline and asked what I should do and the officer I talked to told me that it'd be no problem getting another appointment if I mailed back the current letter I had and told them why I wasn't able to make it to the interview. Unfortunately that was the wrong info. USCIS took that as abandonment and won't reconsider. We've actually been getting a lot of run arounds and misleading information. We don't have a lawyer so we're doing all of this by ourselves and I think they're not taking us that seriously because we're pretty young. We started applying when I was 20 and my husband was only 19. It's been 4 years since then. The only reason we needed a 2nd interview in the first place was because when I was filing the app, I asked when and where I should get my med exam and I was told that I didn't need it unless I was told. So I didn't get one. Come the first interview, I found out that it was necessary so they had to reschedule my interview until I got my medical exam. Otherwise, I had everything else that was required.
Now, since all of these took so long, my visa has already expired. I'm worried that they won't let me reapply because of that. Can I still reapply? I'd really appreciate any advice as I'm trying to get answers as quickly as possible so as not to stay here without any legal papers for long. It's getting me really frazzled. Thank you all in advance.
They denied my application because we failed to appear for the 2nd interview because I had forgotten to bring the appointment letter and was not allowed to enter the INS building. We couldn't go home to get it and make it back in time because we didn't have a car at that time and the buses take forever here in Phoenix. I had called the USCS hotline and asked what I should do and the officer I talked to told me that it'd be no problem getting another appointment if I mailed back the current letter I had and told them why I wasn't able to make it to the interview. Unfortunately that was the wrong info. USCIS took that as abandonment and won't reconsider. We've actually been getting a lot of run arounds and misleading information. We don't have a lawyer so we're doing all of this by ourselves and I think they're not taking us that seriously because we're pretty young. We started applying when I was 20 and my husband was only 19. It's been 4 years since then. The only reason we needed a 2nd interview in the first place was because when I was filing the app, I asked when and where I should get my med exam and I was told that I didn't need it unless I was told. So I didn't get one. Come the first interview, I found out that it was necessary so they had to reschedule my interview until I got my medical exam. Otherwise, I had everything else that was required.
Now, since all of these took so long, my visa has already expired. I'm worried that they won't let me reapply because of that. Can I still reapply? I'd really appreciate any advice as I'm trying to get answers as quickly as possible so as not to stay here without any legal papers for long. It's getting me really frazzled. Thank you all in advance.
Reapplying won't be a problem, but your husband will need to meet the minimum requirements of the I-864, or find yourself a co-sponsor.
Don't wait too long before reapplying because you are currently out of status, and thus deportable if ICE were to inadvertently find you. Once you submit the new I-485, you become an adjustee again, and at that point are protected from deportation unless proceedings have already been initiated.
Don't wait too long before reapplying because you are currently out of status, and thus deportable if ICE were to inadvertently find you. Once you submit the new I-485, you become an adjustee again, and at that point are protected from deportation unless proceedings have already been initiated.
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Ok thanks. I'm glad to know that I can reapply.
Another question though is does anybody here know if I'd be able to renew my visa from here in the meantime, or would I have to go back to my country to do that. I'm from the Philippines. I inquired with USCS and they told me that if I reapplied, I'd most likely need to have a valid visa at the same time. Or can I just reapply without it and become an adjustee again?
I'm sorry for having so many questions.
Another question though is does anybody here know if I'd be able to renew my visa from here in the meantime, or would I have to go back to my country to do that. I'm from the Philippines. I inquired with USCS and they told me that if I reapplied, I'd most likely need to have a valid visa at the same time. Or can I just reapply without it and become an adjustee again?
I'm sorry for having so many questions.
Reapply as soon as possible
I would not think it necessary to renew your visa before re-applying for AOS. By submitting the initial application for AOS you have already indicated immigrant intent and depending on the type and validity, it may not be advisable.
I would follow boatbod's advise and submit another application asap. This time make sure you dot the i's and cross the t's.
Incidentally what type of visa are you planning on renewing?
I would not think it necessary to renew your visa before re-applying for AOS. By submitting the initial application for AOS you have already indicated immigrant intent and depending on the type and validity, it may not be advisable.
I would follow boatbod's advise and submit another application asap. This time make sure you dot the i's and cross the t's.
Incidentally what type of visa are you planning on renewing?
yes, i did file a motion to reopen it, but they said their decision was final and that my reason for not making it to the interview is not enough to grant me an approval for the motion.
If I do reapply, what are my chances of getting denied again because of my expired visa and the fact that I've been denied before? Would it be better if I got a lawyer or should my husband and I keep doing this on our own?
If I do reapply, what are my chances of getting denied again because of my expired visa and the fact that I've been denied before? Would it be better if I got a lawyer or should my husband and I keep doing this on our own?
austriacus
Registered Users (C)
Well, since the reason you were denied was some procedural reason (not related to your evidence, eligibility, etc.) , I would think it shouldn't affect your second application. Any unlawful presence arising from your expired visa will be forgiven.
You'll need to show $9000-$12,000 in combined assets to overcome the income shortfall on the I-864, or a joint sponsor.
The only reason to get a lawyer, in my opinion, would be to properly explain the first application if the second application asks for details. Perhaps you can prepare the docs yourself and have a lawyer look them over?
On the positive side, this time around you can be looking forward to an unconditional GC! And I'm assuming in 4 years of marriage you've amassed a mountain of evidence!
You'll need to show $9000-$12,000 in combined assets to overcome the income shortfall on the I-864, or a joint sponsor.
The only reason to get a lawyer, in my opinion, would be to properly explain the first application if the second application asks for details. Perhaps you can prepare the docs yourself and have a lawyer look them over?
On the positive side, this time around you can be looking forward to an unconditional GC! And I'm assuming in 4 years of marriage you've amassed a mountain of evidence!
austriacus
Registered Users (C)
Well, you'd need 3x the annual difference between the 125% poverty level and your (combined) incomes in combined assets to qualify, that's where my numbers come from. But before you give up on qualifying without a joint sponsor, there are some weird things you can claim as income or assets (free housing as income, a second car as an asset, etc). But I don't know all the details. I'm assuming you don't live with any relatives?
When searching for your joint sponsor, keep in mind the person doesn't have to qualify using income alone, they can use their assets as well. (I'm not sure if the joint sponsor needs 3x assets or 5x assets, but I think it's still 3x. The I-864 instructions are somewhat vague on this.) The equity someone owns in a home (home value minus all loans against the home) can be counted as an asset as well, and some foreign-held assets count too.
When searching for your joint sponsor, keep in mind the person doesn't have to qualify using income alone, they can use their assets as well. (I'm not sure if the joint sponsor needs 3x assets or 5x assets, but I think it's still 3x. The I-864 instructions are somewhat vague on this.) The equity someone owns in a home (home value minus all loans against the home) can be counted as an asset as well, and some foreign-held assets count too.
I see. I'm gonna go look up what I can claim as income and assets. As far as a joint sponsor goes, I think I might have someone in mind.
I do live with my husband's step dad and mom, but they don't want to be sponsors again because they're being difficult about it. They were our sponsors the first time around, but now they refuse to be because they're saying they're very private people and hate everyone looking at their taxes etc. Excuses as far as I'm concerned. I can't have my parents sponsor me because they are waiting for their GC as well. They have valid visas through my dad's employee, but I don't think they're allowed to sponsor without a GC. Are they?
I can't claim free housing as income because we pay my husband's step dad rent to live here. It's less than what we would pay if we got our own place but we're still paying rent.
I do live with my husband's step dad and mom, but they don't want to be sponsors again because they're being difficult about it. They were our sponsors the first time around, but now they refuse to be because they're saying they're very private people and hate everyone looking at their taxes etc. Excuses as far as I'm concerned. I can't have my parents sponsor me because they are waiting for their GC as well. They have valid visas through my dad's employee, but I don't think they're allowed to sponsor without a GC. Are they?
I can't claim free housing as income because we pay my husband's step dad rent to live here. It's less than what we would pay if we got our own place but we're still paying rent.
austriacus
Registered Users (C)
Hi Eledhril,
you're correct, only US citizens or LPRs can be sponsors. The free housing may have been a complicated one anyway, I'm not sure if it only applies e.g. in an employer situation or in general if you live free with the folks.
Don't feel bad about your in-laws not wanting others looking into their finances - this phenomenon is familiar to me too.
For what it's worth, since you live with them, they wouldn't have to become joint sponsors but you could use their income/assets to supplement your husband's if they file I-864A, however unfortunately the information requested is very similar to I-864 (taxes etc) so I doubt they would like this any better.
Here's another thought, this would be a perfect time for your parents or your in-laws to show their generosity by giving you and your husband a $12,000 gift to put into a certificate of deposit for your future.
... which conveniently would become your cash assets. I'm not sure if USCIS would question such a gift, however.
Or, you'll contact the joint sponsor you're considering!
you're correct, only US citizens or LPRs can be sponsors. The free housing may have been a complicated one anyway, I'm not sure if it only applies e.g. in an employer situation or in general if you live free with the folks.
Don't feel bad about your in-laws not wanting others looking into their finances - this phenomenon is familiar to me too.
For what it's worth, since you live with them, they wouldn't have to become joint sponsors but you could use their income/assets to supplement your husband's if they file I-864A, however unfortunately the information requested is very similar to I-864 (taxes etc) so I doubt they would like this any better.
Here's another thought, this would be a perfect time for your parents or your in-laws to show their generosity by giving you and your husband a $12,000 gift to put into a certificate of deposit for your future.
... which conveniently would become your cash assets. I'm not sure if USCIS would question such a gift, however.Or, you'll contact the joint sponsor you're considering!
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TheRealCanadian
Volunteer Moderator
Or it might be a perfect time for hubby to get a better-paying job.
austriacus
Registered Users (C)
TheRealCanadian, I would agree with that too. I didn't bring it up because I don't know the details of their situation, but assumed there's a good chance their parents may have that sum of money available for them. But I'd have to agree, by far the easiest way to solve this issue is for the husband to get a higher paying job; my understanding is USCIS considers current year's income more important than prior years'.
Well, my mom talked to a lawyer and he's willing to handle my case. He also said that my dad is actually able to be my co-sponsor with his H1B and their pending AoS. We're gonna meet with the lawyer this Saturday and start the process. I'm excited. I just really don't want to have that non-documented status for a long time. I also want to go back to work. I've been out of work since my work permit was retracted after the denial and it's really boring.
I really appreciate everyone's advice. Thank you. I'll keep you all updated
I really appreciate everyone's advice. Thank you. I'll keep you all updated
PraetorianXI
Banned
You honestly do not need to spend thousands on dollars on a lawyer. But it is your choice.
Well, my mom talked to a lawyer and he's willing to handle my case. He also said that my dad is actually able to be my co-sponsor with his H1B and their pending AoS. We're gonna meet with the lawyer this Saturday and start the process. I'm excited. I just really don't want to have that non-documented status for a long time. I also want to go back to work. I've been out of work since my work permit was retracted after the denial and it's really boring.
I really appreciate everyone's advice. Thank you. I'll keep you all updated
Beware lawyers charging $$$ for bad information. Remember, the lawyer gets paid regardless of if you are successful or not.