Baltimore, MD asked in Immigration Law for Maryland

Q: I-485 and I-864 were previously submitted by mail in two different packets because of size. The application was rejected

I-130 was submitted online and is still pending approval. The application was rejected for not having an I-864, what is the next course of action? Appeal or Refile?

What is a projected timeline for both? Will the same priority date of the I-130 be used?

Also, previous tax years have been under the financial line for I-864 but 2020 will not be because of a new job. Should the sponsor write down 2020's projected income based on the new job or use 2019's income and also a co-sponsor?

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1 Lawyer Answer
Adan Vega
Adan Vega
  • Immigration Law Lawyer
  • Houston, TX

A: If the FORM I-485 was rejected by USCIS then you should take action to correct the deficiencies of the adjustment of status request and re-file.

You should also ensure that you submit the receipt notice of the FORM I-130 with the FORM I-485.

The priority date of the FORM I-130 will come into play depending on the type of relative petition case that you have filed with USCIS. In certain relative petition cases you can not file the adjustment of status request until a visa is available.

If you are having issues with the FORM I-864 I highly recommend that you visit with an experienced immigration attorney to provide you with personalized guidance.

Good luck to you.

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