Immigration Issues/Family Based I 485 Denied
Applied or I 130 in March 2008 with the affidavit of support, my tax returns for 3 years and W2s and the application is still pending as of today August 20 2008.
Then we applied for I 485 in April 2008 and did not re-send the affidavit of support since we had already sent it with the I 130. Got an RFE in May to send in the Affedavit of Support and Tax returns and W2s which we did immedeately. Now I have a denial notice for my I 485 saying that I have not sent the W2s which is not true. The letter says that I can do a notice to reopen the case. And also says that I need to do this in 30 days.
Could you please help me in this. I just got the letter on 12 August 2008. I am a little surprised that they denied the 485 based on this. They could have sent another RFE. I am confused what to do...Please help !
Thanks in advance.
If you have provided all the information during the response to the RFE, then you need to file for a motion to reopen and state that you had provided the documents. As a side you can also state that the I-130 has not been adjudicated as yet for them to make a decision on the I-485.
But if you have not provided the documents they had requested on the RFE and did so only for the I-130 then your motion to reopen will be denied. The I-130 and the I-485 are different applications.
They do not send more than 1 RFE.