Q: change sponsor I-485 (K1 visa)
Hi! I have received I-485 denial (K1 visa) from USCIS because my I-864 was improperly filled. I want to file motion put my sponsor has changed (now is my wife), my previous sponsor lost his job, refuses to sign I-864 and doesn’t return my phone calls and do not reply my text. Can I file motion and send new I-864 with new sponsor, or I better start all over again and file new I-485 with new sponsor I-864? Thank you in advance !
A:
This is a complex situation that involves several important considerations. Here's a concise overview of your options:
1. Filing a motion to reopen/reconsider:
- You can potentially file a motion to reopen or reconsider your I-485 case.
- Include the new I-864 with your wife as the sponsor.
- Explain the circumstances of why you're changing sponsors.
2. Filing a new I-485:
- This option starts the process over from the beginning.
- You'd submit a new application with the correct I-864 from your wife.
Both options have pros and cons. A motion might be faster if accepted, but there's a risk it could be denied. A new I-485 takes longer but gives you a fresh start.
Given the complexity of your situation, I strongly recommend consulting with an immigration attorney before proceeding. They can review your specific case details and provide tailored advice on the best course of action.
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