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What happens if I-485 is denied?

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  • What happens if I-485 is denied?

    Hi all,

    I just had a quick question!

    What happens if an I-485 is denied for lack of supporting documents?

    Can you file the I-485 again once the missing documents are obtained?

    Thanks in advance

    PS: One more thing...while an I-485 is pending what is my status? am I still out of status or is there a special status while AoS is pending?
    Last edited by ChaoticMonk; 01-03-2007, 02:27 AM.

  • #2
    when I-485 is pending you are not out of status, you are in "pending" status. Prior to being denied you will receive an RFE, if you do not comply or do not comply in time, I-485 will be denied and you will be "out of status", you will be able to re-apply when you get the docs

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    • #3
      Hi I applay for my GC throught marriage to USc and on august 8 06 I got Request For an Evidence letter.The letter explained why my case was intend to denied and you have to find proof for all their request and send it back in one month since RFE.I send my docs one week later and I got my GC approved on september 15.Remember your refusal leter has to be strong proofed.

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      • #4
        I have another question.

        I became 'out of status' in Jun 06 and filed the I-485 (AoS) on October 06.

        If my application is denied in Feb 07 and I'm sent back home would I be barred from entering the US for 3 years for overstaying 8months or would it only be 4months overstay because I filed the I-485?

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        • #5
          Originally posted by ChaoticMonk
          I have another question.

          I became 'out of status' in Jun 06 and filed the I-485 (AoS) on October 06.

          If my application is denied in Feb 07 and I'm sent back home would I be barred from entering the US for 3 years for overstaying 8months or would it only be 4months overstay because I filed the I-485?

          It would be from June 06. But all you have to do is refile the I-485 again to go back in status.

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          • #6
            Originally posted by curiousone
            It would be from June 06. But all you have to do is refile the I-485 again to go back in status.
            So I would be out of status from Jun 06 (visa ran out) to Oct 06 (filed AoS) or from June 06 to Feb 07?

            We're having issues with the I-864 and as a result I might be sent back to the UK and I wanted to know if I'd be bared for 3years or not.

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            • #7
              Originally posted by ChaoticMonk
              So I would be out of status from Jun 06 (visa ran out) to Oct 06 (filed AoS) or from June 06 to Feb 07?

              We're having issues with the I-864 and as a result I might be sent back to the UK and I wanted to know if I'd be bared for 3years or not.

              No, as far as I know, once there is a denial, the clock runs from the initial date the overstay began. Why ar eyou wiating on the I-864 to refile the I-485?. You can do it the day of the interview. Go ahead and file without it.
              Last edited by curiousone; 01-11-2007, 07:29 PM.

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