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My I-485 got denied because of inssuficient information, What should I do next?

Lawrenceville, GA |

My Wife filed for me to get my green card. I came to this country with a 5yrs Visa and I still have two years left on the Visa. So, we went ahead and applied for the I-485. I did my medicals and everything came out good and did my fingerpoint, so , I was waiting for a decision. I got a letter saying that my case was denied because of " your application was not sufficient to establish your eligibility for the benefit sought" and It said that we did not have enough evidence. We sent eveything they asked for within the time period. We called them and they said that we should file again and refile forms: I-485, I-864, I-765, I-131, I-693. We have to do the whole thing again and pay $1010. It also said "there is no appeal to this decision" or file a motion w/i 30days, which should I do?

Attorney Answers 3


You will likely need to submit your applications again. For the spouse of a U.S. citizen, there are two main components to your case. One is your wife's immigrant petition, Form I-130. The other is your application for permanent residence, Form I-485. Your application cannot be approved until your wife's petition is approved. For that to happen, you and your wife need to document your joint residence and finances to show that it is a real marriage. If you did not document this thoroughly the first time, then you may want to discuss how to do so with an attorney. Usually the I-130 and I-485 are adjudicated at the same time when the couple appears for an in-person interview at the local USCIS office. (If your five-year visa is an E visa, then you will also need to submit Form I-508 to waive any rights you have under the relevant treaty.)

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You probably will need to file, again, and pay the filing fees. I strongly recommend that you seek an appointment and retain an experienced immigration attorney to help you with the application process.

Proving the marital relationship to the satisfaction of an experienced USCIS Examiner is sometimes futile without an attorney's assistance. Our office, among others, like Bob Beer or Charles Kuck of Georgia, help prepare and file these family based immigration matters with the USCIS on a regular basis.

The above is general information and does not create an attorney client relationship.

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If it has been less than 30 days since the denial, you can file a Motion to Reopen/Reconsider (form I-290B). It's another option, instead of just refiling everything from scratch. I would strongly recommend hiring an attorney to walk you through the motion and to help you build up enough evidence to overcome the deficiencies in your first filing.

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