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H1 visa application, I-797 approved, I-765 denied, I-485 denied last year

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  • H1 visa application, I-797 approved, I-765 denied, I-485 denied last year

    My wife and I used a website to help with our visa process. Things went great until our I-485 was denied in August of 2021 because our co-sponsor didn't meet the financial requirement. At that time our contract with the website ended so we found an attorney. I was working with them and thought we had re-submitted an I-485 with a new affidavit of support, but it turns out another I-485 was never submitted and there was never an appeal (I-290B) completed either, so I'm not sure if it's too late to re-open that I-485 with a new affidavit of support.

    Three weeks ago we got an I-797 approval, and in that approval it told us to submit an I-485 with the approval letter. I thought we had already done that last year, but then a week ago I got a letter stating that our I-765 was denied because the I-485 was denied in August. We've completed the relationship interview, biometrics, and had her medical screening completed.


    At this point, I'm not sure if I should submit a new I-485 entirely, or if I should submit an I-290B to reconsider the original I-485 we submitted with the new affidavit of support?

    Or if I can submit a new I-485 with the I-797 approval and with the new affidavit of support and avoid submitting the I-290B entirely?

    Any help is greatly appreciated, thank you

  • #2
    You got an approval for what? An I-130 petition from a relative? Who is the petitioner and who is the beneficiary?

    This is my personal opinion and is not to be construed as legal advice.

    Comment


    • #3
      The I-130 approval did not change anything with respect to her ability to file I-485. She could have filed I-485 together with the I-130, she could have filed I-485 while the I-130 was pending, and she can file I-485 after the I-130 is approved.

      Are you a US citizen? If so, she does not need to be in status to file I-485, so there is no reason why she cannot file a new I-485 now as long as she is still in the US.

      As for a motion to reopen, I believe that has to be filed within 33 days of the denial.

      This is my personal opinion and is not to be construed as legal advice.

      Comment

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