Missed filing I-864 along with I-130 and I-145 for parents GC


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hello,

i'm a citizen and i recently applied for GC for my parents, who are currently in USA (on visitor visa). I have filed I-130 and I-485 and i have received the Alien numbers. they have their bio metrics appointment next week. 

Just 2 days ago, i realized that i needed to send the I-864. i was not aware that i need the affidavit.

  1. Can i send the affidavit now or wait for RFE ?
  2. Can it be  rejected because of missing documentation or will i just get a RFE ? i'm trying to plan/prepare for the scenario. If i get a rejection, will they have to leave until we resubmit 130 again ? Their stay for 6 months will end in Dec 1st week.
  3. If i can send it now, what is the process to link I-864 with their Alien numbers/applications? 
  4. what is all the documentation i would have to send along with I-864.

Internet search is not helping. Any suggestions would be very helpful.

thank you!

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  • 7 months later...
13 hours ago, pontevecchio said:

Why was their AOS denied/rejected? The exact Language if you do not mind.

How many days after they came over did you apply for the AOS?

I did not receive the letter yet so, i am not sure of the reason. 

yesterday, i received a letter that their I-130 is approved. i'm totally confused as to what happens now? are they considered unlawful and will be barred since its been more than 180 days after their 1-94 expired.

06/09/18      ---        Entered Newark, USA on Visitor Visa (Valid until 05/13/2023)

06/09/18      ---        I-94 was given until 12/08/2018

10/19/18      ---        Concurrent filing for I-130 & I-485 under family based immigration

11/15/18      ---        Finger printing Completed for both parents

06/21/19      ---        Received an email saying your I-485 is denied and further details will be provided in notice

thanks you !

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21 hours ago, pontevecchio said:

Wait for the letter first. They were awaiting AOS and hence were legal all this while. As I said patience is golden. The letter will be the starting point for you and could mean anything simple or anything complex. Let us know when the letter arrives and what it says. 

 

hello,

i received notice saying that since i have failed to submit I-864, they are denying the I-485. below are the details. could you please suggest on my next options.

 

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Get a lawyer involved and your folks have the option of consular processing. This time let the lawyer handle the whole matter of CP. They may need to leave within the 33 days or so from the date of the letter. This is an extreme Trumpist response avoiding an RFE and rejecting the AOS. Do not forget to help the other party with financial help and make sure you vote. 

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