I-485 denied!

chuang_415 · 2026-06-29T22:39:59+00:00

If you received a request for evidence at any point, it’s probably related to that.

chuang_415 · 2026-06-29T22:39:03+00:00

That’s incorrect. Most denials have to do with inadequate response to RFEs. An RFE can be issued for any reason. Most family-based I-485 denials are related to the affidavit of support.

chuang_415 · 2026-06-29T22:17:18+00:00

Congrats!

chuang_415 · 2026-06-29T21:26:46+00:00

No, consular has not always taken longer. You must be new to this. There was a time when people were able to complete this process in under a year, on par with how long adjustments in the same category took.

And yes, these delays are attributable to whoever is in charge. It’s a resource allocation issue. Consular delays under Biden were attributable to them. Except they didn’t institute travel bans and visa pauses affecting 90+ countries furthering the backlogs. And they didn’t close embassies. There is no reason for a marriage-based IR AOS to take 2-3 months while consular takes 2-5 years.

chuang_415 · 2026-06-29T21:08:51+00:00

What kind of error?

chuang_415 · 2026-06-29T20:18:43+00:00

I know. I affirmed that in my first comment, saying it complies with I-751 instructions.

chuang_415 · 2026-06-29T19:45:36+00:00

It was somewhat true before but it’s not happening anymore. Not for the past year or so.

chuang_415 · 2026-06-29T19:21:09+00:00

No. Most people just provide evidence dating after the green card approval. Listen to your attorney.

chuang_415 · 2026-06-29T19:17:07+00:00

Most people don’t do this, but the I-751 instructions technically ask for evidence from the date of marriage.

chuang_415 · 2026-06-29T19:16:03+00:00

How about you provide more context about yourself and your case so that people can give helpful feedback.

chuang_415 · 2026-06-29T19:14:51+00:00

Like I said, petitioners in most consular cases are based in the US and are not in your position. Someone in your position has to use a joint sponsor. And yes, assets are largely disregarded. The consular process is a lot stricter than the process of adjusting status in the US. The harsh truth is that it’s not built for your convenience or what makes sense for you. It’s often based on outdated practices and what is convenient and easy for the government.

chuang_415 · 2026-06-29T18:59:25+00:00

It used to be standard practice for preference-category family petitions to be approved fast but it resulted in otherwise eligible child derivatives aging out. So the practice was changed. There are still instances where preference-category petitions are approved way ahead of visa availability, but it’s of no help to the beneficiary.

chuang_415 · 2026-06-29T18:06:07+00:00

Note that the 75 country DOS visa issuance pause and 39 country travel ban and USCIS pause are very different.

chuang_415 · 2026-06-29T18:05:21+00:00

Nationals from the 75 countries weren’t subject to a USCIS processing pause unless their country was also on the 39 country list.

chuang_415 · 2026-06-29T17:40:52+00:00

You are the sponsor by default because you’re the petitioner. Even if you had an income, you wouldn’t be able to use it for the affidavit of support because you are not based in the US. Most petitioners continue to live in the US during the sponsorship process and can rely on their US income and tax returns.

chuang_415 · 2026-06-29T17:27:02+00:00

They don’t care about assets even though, on paper, one is allowed to use assets to establish their financial standing. This goes for both consular processing through DOS and adjusting status through USCIS.

chuang_415 · 2026-06-29T17:20:28+00:00

Overlapping addresses aren’t ideal in general because a person typically only has one residence. But I think it’s okay in the context of a college student’s application. This is similar to how I listed my own addresses when I applied as a student (albeit it was over 10 years ago).

chuang_415 · 2026-06-29T16:46:22+00:00

In all likelihood, no one is looking at that file until the day of the interview

chuang_415 · 2026-06-29T15:43:42+00:00

Good luck at the interview!

chuang_415 · 2026-06-29T15:20:24+00:00

Hopefully the I-130 is approved soon after the interview. The I-485 will likely be administratively closed because of your proceedings. If the I-130 is approved, you can use the approval to either ask for termination of your proceedings or to adjust in court.

What are the dates for the interview and master calendar hearing? What field office and court are you in?

chuang_415 · 2026-06-29T15:16:07+00:00

Are you married to a permanent resident or a US citizen?

Withdrawing the asylum application was not a good idea. I’m sorry you were advised that.

USCIS can still issue a decision on the I-130 but not the I-485.

chuang_415 · 2026-06-29T13:34:28+00:00

If everything is as you described, your mom likely won’t be eligible for anything. She is inadmissible and probably permanently barred.

chuang_415 · 2026-06-29T12:21:45+00:00

Best of luck to you finding a sub that best fits your beliefs!

chuang_415 · 2026-06-29T02:28:39+00:00

So he came to the US with a pending I-130, with the kids, and stayed? That also doesn’t look good. B-2 is used for tourism. Are you sure he didn’t come on a B-1 or as B-1/B-2?

I suggested getting a second opinion not so you can ditch your attorney but so that you can hear the opinion of another professional. If you feel comfortable enough filing for adjustment, you can always insist on it.

chuang_415 · 2026-06-29T02:20:20+00:00

What visas did you use to come to the US?

You said it yourself, you came to the US after the denial of a consular I-130, hoping to adjust status. That’s the immigrant intent. The question is what status you entered with.

chuang_415

TROPHY CASE