i-485 Denied Please need some advice :(

[okekedebra]

Hello my name is Debbie,

My husband came into the US with a K1-visa on February 10th 2019

We got married on February 13th 2019

We filed April 15, 2019 for AOS, i-765, i-130.

My husband NEVER received an EAD combo card and after 10 months of waiting we got denied on February 24th 2020. The denial notice said:

• Must be inspected and admitted or paroled into the US
• Must be eligible to receive an immigrant visa;
• Must be admissible to the US for Permanent residence

This all seems like an error cause he was inspected and we have the i-94 document that he came into the US with so it doesn't make sense.

Also it said we were also denied for the RFE which requested I submit a i-864 and I did but I wasn't aware I was suppose to submit my most recent federal income tax return but I submitted all documents such as w2, IRS 8879, and 6-months pay slip which all show I make $90,000 annually and well sufficient enough to take care of my husband.

I am thinking to file a motion to re-open with a lawyer to submit my tax return as I do have that document available and as well as the i-94 to show he was inspected when he arrived into the US.

P.S: my husband is also a Nigerian citizen and with the travel ban going on with Trump I think I need all the legal help I can get. What do you guys think and advice??

[newacct]

The travel ban does not affect him as he was already in the US; don't worry about that.

From what you described, it does seem like an error, so a motion to reopen and/or reconsider would be reasonable. Was a copy of the I-94 submitted with the I-485?

If he files I-485 again it would be under the new public charge rule so reopening the old one seems preferable.

[okekedebra]

Thank you very much we plan on speaking to an attorney to file the motion this week will keep you updated

[Hotaru-Grace]

All the best, I agree that you need to get a lawyer. Whether he lived in US before the ban on Nigeria; Nigerian applicants within the immigration process will be heavily scrutinized. Again all the best and stay positive. Please go the extra mile to provide as many evidence as you can that supports your bonafide union.