I485 got rejected - I944 is required even though it was sent


Received I485 rejection notice today. It says I944 is required which has been submitted with the package. Not sure what exactly went wrong, still waiting to hear from our attorney. Did anyone receive similar notice reason?

Did you send both i864 and i944 for all applicants?

No, we have sent just i944. Attorney told us that i864 is not required.

Hi Deepthi - Any update from your lawyer? Whats your best course of action now?

I also received the same notice today, I do not know what to make out of it, filed I-944 with all supporting documents however did not file I-864 as per attorney 864 is not required unless I am owner in company, did you find the reason for rejection? As 31 Dec is approaching soon, I do not know what to do ? I sent email to USCIS asking for details however I am not hoping for any answer.

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My attorney says this is erroneous rejection from uscis which is pretty common unfortunately and the best thing to do is to re file the entire application by Dec 31st.
I don’t think uscis will provide any further information on this, better to re-file as soon as possible as we hardly have 2-3 days left.

This rejection happened to the derivative application, primary application accepted though. Is this the same case with you?

Thanks for the reply, In my case both applications are rejected, are you filing I-864?

Sorry to hear that.My attorney told just i944 is needed.

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What kind of supporting documents did you send for I-944?
Like I did not sent any proof for english proficiency, I just mentioned my degree in the form
Also may be my supporting documents were not in the same sequence as in the form.
I am just wondering what triggered my rejection since your principal application was accepted you did something right which I can emulate.

Yes, that’s correct. I864 is not required for employment based applications.

But, usually it is recommended to send it for dependents.

Anyways, the best option is to refile if your date is currently current.

@anil_am22 - Do you know what the time processing is for i485 rejections? For example if someone’s priority date is Dec 2013 and filed their AOS last week, will the AOS just be pending until the Final Action Date is current or are there chances that your AOS can still be rejected?

@deepthi_m @Rajkumar_Bhandari - Can you"ll share your priority dates? Also in part 2 of i944, it states to list the names of the member on the federal tax return. Did you"ll put only your name or the dependent’s name also?

Primary applicant have provided the bank statements, listed down the assets on the form.
@rajesh, we listed both primary and dependant names in both the primary and dependent i944
PD- sept 2013

@deepthi_m -> I see, was this a downgrade application or you already had an approved EB3 I140? I am assuming you filed the 485 in the beginning of October? Is it possible to challenge this decision?

@immi_h Yes, this is the downgrade and Derivative application. Uscis received date is Oct 21st. Since we had few days time to refile the application before dec 31st we have refiled it as per attorney’s advice.
This would be a common scenario for all rejection cases who get to know in January with no filing dates available to refile. In that case, I think we can challenge uscis. I am sure there would be lawsuits filed by attorneys given the usics rejecting cases at the end of Dec, almost after 2 months of received date.

Hi @Rajkumar_Bhandari- question- did you check any of the options for 62 nd question on i485 form?
It’s for i864 form exemption.

Yes I had checked the 62d (Page-14) option which exempts us from filing 864.
Yes, in I-944 I had mentioned all the dependents, bank assetts etc.
However in household income section, for income and tax returns (page-3) I filled it for my wife and my self in line 1b and 1a respectively and left the option blank for line 1c (page-4) with N/A. Also my children are not filing for AOS and they have no income therefore I did not feel any need to mention them in income section

Ok, are you already on Telegram i485 group? There are folks with similar rejections there. I can add you to it if you are interested. Let me know.

@deepthi_m - How to join the group? Is there an invite code? Thanks.

I am in the same boat. My attorney received the notice on Dec 14 and they refiled on Dec 15. Original filing was on Oct 28.They told us that its weird as they have received similar rejection for many other filings though they are sure that they submitted the form in all applications. This is a large law firm.

We have provided all the details in I-944 and our attorney reviewed the form twice with us and asked us to update details in it and provide supporting documents like credit scores, bank statement, mortgage statement, SSN statement etc. Its hard to believe they missed it in the submission. The rejection notice states that the form was not submitted. It doesn’t make any sense.

This is unfortunate but I am surprised that others are having the same problem.