Q: I-485 Denial. Should I file motion or start all over again and file new I-485?
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 requires careful consideration. Here's a concise overview of your options, along with some important factors to consider:
1. Filing a Motion to Reopen/Reconsider:
- Pros: Potentially faster than filing a new I-485
- Cons: May be rejected if USCIS views the new sponsor as a material change
2. Filing a new I-485:
- Pros: Allows you to start fresh with a new sponsor
- Cons: Longer processing time, additional filing fees
Key considerations:
- Timing: Motions must typically be filed within 30 days of the denial
- USCIS discretion: They may or may not accept a new sponsor on a motion
- Legal status: Ensure you maintain legal status while deciding
Given the complexity of your case, I strongly recommend consulting with an experienced immigration attorney before proceeding. They can review the specifics of your situation and provide tailored advice on the best course of action.
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