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schthi

Successful I-290B motion to reopen after I-485 denied

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Folks,

My wife's I-485 was denied in August 2017. I'm very happy to share that the I-290B (Notice of Appeal or Motion) we filed has been accepted, and her I-485 approved. We did it ourselves, paying only the I-290B fees of $675 (note that ours was a simpler case - her I-485 was denied due to not submitting sufficient evidence for an RFE - still a scary situation for anyone!).

If anyone is in the situation, happy to share details via PM. I can also share the template we used to appeal the re-opening of her case.

Timeline:

August 2017 - I-485 denied

September 2017 - I-290B applied (you have only 30 days from the date of denial notice to appeal)

December 2017 - I-485 approved, based on evidence and documents along with the I-290B

Cheers.

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Today I got I-485 denial letter due to not responding to RFE that they sent sometime last 2017 October. I have around 20 days to file for motion,

since I was not aware of initial RFE what is the chance of approving my I209B which I will be submitting soon.

Any help on this issue would be greatly appreciated...

 

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On 12/8/2017 at 4:18 AM, schthi said:

Folks,

My wife's I-485 was denied in August 2017. I'm very happy to share that the I-290B (Notice of Appeal or Motion) we filed has been accepted, and her I-485 approved. We did it ourselves, paying only the I-290B fees of $675 (note that ours was a simpler case - her I-485 was denied due to not submitting sufficient evidence for an RFE - still a scary situation for anyone!).

If anyone is in the situation, happy to share details via PM. I can also share the template we used to appeal the re-opening of her case.

Timeline:

August 2017 - I-485 denied

September 2017 - I-290B applied (you have only 30 days from the date of denial notice to appeal)

December 2017 - I-485 approved, based on evidence and documents along with the I-290B

Cheers.

Congrats! Thanks for sharing. USCIS website states about 90 days for MTRs.

They incorrectly rejected my I-612 - they based it on a different application category. I’ll be filing I-290B shortly and was looking for historical processing timelines.

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On ‎12‎/‎8‎/‎2017 at 5:18 AM, schthi said:

Folks,

My wife's I-485 was denied in August 2017. I'm very happy to share that the I-290B (Notice of Appeal or Motion) we filed has been accepted, and her I-485 approved. We did it ourselves, paying only the I-290B fees of $675 (note that ours was a simpler case - her I-485 was denied due to not submitting sufficient evidence for an RFE - still a scary situation for anyone!).

If anyone is in the situation, happy to share details via PM. I can also share the template we used to appeal the re-opening of her case.

Timeline:

August 2017 - I-485 denied

September 2017 - I-290B applied (you have only 30 days from the date of denial notice to appeal)

December 2017 - I-485 approved, based on evidence and documents along with the I-290B

Cheers.

Hi there,

congratulations on I-485 approval. I need some info if you could spare some time. I am in the same boat, I-485 denied, waiting on the decision notice. if you could give your email I would really appreciate or please email me

 

Thank you and congratulations.

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@schthi

I am on same boat. My wife case got denied saying insufficient document. What additional evidence/document did you provide along with I-290B? In which USCIS center your case was reviewed?

Thanks.

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On 12/8/2017 at 4:18 AM, schthi said:

Folks,

My wife's I-485 was denied in August 2017. I'm very happy to share that the I-290B (Notice of Appeal or Motion) we filed has been accepted, and her I-485 approved. We did it ourselves, paying only the I-290B fees of $675 (note that ours was a simpler case - her I-485 was denied due to not submitting sufficient evidence for an RFE - still a scary situation for anyone!).

If anyone is in the situation, happy to share details via PM. I can also share the template we used to appeal the re-opening of her case.

Timeline:

August 2017 - I-485 denied

September 2017 - I-290B applied (you have only 30 days from the date of denial notice to appeal)

December 2017 - I-485 approved, based on evidence and documents along with the I-290B

Cheers.

Could you please share what option did you chose on I-290B? I have same situation insufficient evidence for REE ( very simple for us).

1.d. motion to reopen

1.e. motion to reconsider

1.f motion to reopen and motion to reconsider

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Congrats @schthi

 

I am in the same situation for my MIL where her I-485 was denied due to not submitting,

- evidence of her lawful admission or parole into the US

- evidence of eligibility of adjustment of status under section 245(i) of the INA

- completed and signed form I-864, affidavit of support for the petitioner list on form I-130

 

Could you PM me the template you use to file your appeal? Also did you chose "Motion to reopen" the case as the option?

 

Thanks in advance!

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My PERM was filed in EB3 category with priority date of March 2010 but the I-140 approval notice that was issued had an  incorrect priority date of Feb 2011 by USCIS.

 

When I informed this to my employer in 2016, I was told that during 485 filing when dates become current, we can attach the PERM approval page indicating the 2010 date to point out the error

 

In Jan 2019 bulletin my dates became current and we filed 485/765/131 via my attorney on Jan 15th 2019 pointing out that the date on I-140 is incorrect and attaching the PERM approval page and providing a cover letter to that effect via my attorney. we also attached the I-140 with the incorrect priority date of Feb 2011 USCIS returned all my applications (485/765/131) saying it's pre-maturely filed. It appears that they just went off the I-140 approval notice attached and rejected it based on that. They didn't look at the PERM approval page even looks like. The rejection was sent towards Jan end.

 

In the Feb bulletin ( effective Feb 1st) the dates have retrogressed.

 

How do I get USCIS to re-look at this case again given that it is an administrative error on their end?

 

Is 290B an option? which center did you file it to? and looks like response time was 3 months?

 

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On 12/8/2017 at 4:18 AM, schthi said:

Folks,

My wife's I-485 was denied in August 2017. I'm very happy to share that the I-290B (Notice of Appeal or Motion) we filed has been accepted, and her I-485 approved. We did it ourselves, paying only the I-290B fees of $675 (note that ours was a simpler case - her I-485 was denied due to not submitting sufficient evidence for an RFE - still a scary situation for anyone!).

If anyone is in the situation, happy to share details via PM. I can also share the template we used to appeal the re-opening of her case.

Timeline:

August 2017 - I-485 denied

September 2017 - I-290B applied (you have only 30 days from the date of denial notice to appeal)

December 2017 - I-485 approved, based on evidence and documents along with the I-290B

Cheers.

 

 

Thank you for sharing! Same situation for my husband...it has been 85 days since the motion to reopen was sent and received. Should I worry or keep waiting?

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My I-485 was denied for late response to a NOID (notice of intend to deny)i had to filled and submit form I-290B(motion to reopen) because  the NOID was sent and  received before the due date,meaning my I-485 was denied due to uscis error.. it’s been more than 6months since I submitted form I-290B,yet it’s still pending,am just being hopeful...

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On 12/8/2017 at 5:18 AM, schthi said:

Folks,

My wife's I-485 was denied in August 2017. I'm very happy to share that the I-290B (Notice of Appeal or Motion) we filed has been accepted, and her I-485 approved. We did it ourselves, paying only the I-290B fees of $675 (note that ours was a simpler case - her I-485 was denied due to not submitting sufficient evidence for an RFE - still a scary situation for anyone!).

If anyone is in the situation, happy to share details via PM. I can also share the template we used to appeal the re-opening of her case.

Timeline:

August 2017 - I-485 denied

September 2017 - I-290B applied (you have only 30 days from the date of denial notice to appeal)

December 2017 - I-485 approved, based on evidence and documents along with the I-290B

Cheers.

Hi, can you share the template please?

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Hi there and congrats on your approval.

My husband just received a denial as well for not providing affidavit of support. Can you please share the template you used? 

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