Spouse I-485 Intent to Deny

E

Exegos

New Member
Hi,

I am an H1B and my husband is H4. We filed our I-485 at the same time last Aug 13, 2003. My I-485 has been approved and I already went to passport stamping. We got a letter from USCIS for intent to deny to adjust status (I-485) for his application. The reason why is because he failed to maintain a lawful status. His I-94 has been expired for more than 180 days since Nov 2002. Unfortunately, we were not aware that the I-94 is much important than the visa stamped in the passport. Mine was okay because my employer always applied for my extension of stay BUT I didn't know that I should apply for extension of stay for my husband too.

The letter from USCIS is requesting us to submit copies of I-797 relating to any extension of stay.

Here is what the letter says:
"However if you are unable to furnish the requested information, section 245(i) of the Act provides that you may still adjust status, despite the grounds of ineligibility mentioned, if you submit the following:
Form I-485 Supplemental Sheet
Penalty Fee of $1,000.00"

If I pay the penalty fee, will that guarantee an approval of his I-485? If not, will the money get refunded? Any help will be appreciated as we were given 30 days to respond back.
 
Looks like you are in a stage where you definetly need a lawyer's help. Go hire one ASAP.
 
And BTW, It would help to post in the 485 forums corresponding to your service center. This forum mostly people have exp. with the consular processing route.
 
I94 extension issue is a very common mistake most people make. Looks like your husband falls under 245(i) amnesty since you may have filed the papers during the 245(i) amnesty period. You will have to pay the fine of $1000, plus submit the required forms. If this is the only issue I think your husband will get the approval based on 245(i). You may want to act fast.

Good luck
 
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