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  1. #1
    Join Date
    Jan 2011
    Bristol, Tennessee, United States

    Post I-485 Denied with Pending I-130

    My husbands I-485 was denied however we have a pending I-130. He is not in removal proceedings. We are still well with in the 30 days to file the I290B.

    In completing the I-290B. My question is if the decision is reconsidered/reopened will we have to file another travel and work application. Or will they reconsider the other applications as well since they were all filed together.

    This I-485 was denied for the simple reason I had inadvertently sent our original tax returns with the initial filing of all the immigration paperwork. We rcvd a request for evidence asking us to provide the 2009 taxes and my husbands birth certificate.
    Also there was an issue with a name mis-match with the IRS so we were left to either run out of time or to submit partial information. I sent the partial information and a letter asking for more time on additional info (the taxes).
    I have since obtained a statement from the IRS that this was indeed their error. Yes it was my mistake in sending the original tax returns, however my ability to easily obtain them again was obstructed as of no fault of my own. The agent who corrected this sent me the tax return transcripts and a signed letter supporting the issues.

    Is there anyone who is an immigration attorney that can give me a few pointers? I work for two attorneys so I know your time is very valuable...however they do not work with and have never dealt with immigration law. Just bankruptcy work.

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: I-485 Denied with Pending I-130

    You will, of course, want to file the I-290B with the proper supporting documentation.

    Are you asking about pending applications, or about interim employment and travel authorization that has already been ordered? If the latter, is the travel authorization stamp still valid? The EAD is unexpired?

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