T Burns

From the recent discussion here about expired fiance visa etc., I got the
impression the best approach might be to simply send the I-485 then wait
and see what happens.

But if they do deny it, insisting that the I-130 is required because the
fiance visa expired too long ago, would it be a big problem? Or could we
simply send the I-130 at that point and reopen the I-485?

What kind of paperwork has to be done to reopen a denied I-485?

Noorah101

> From the recent discussion here about expired fiance visa etc., I got
> the
> impression the best approach might be to simply send the I-485 then
> wait
> and see what happens.
>
> But if they do deny it, insisting that the I-130 is required because
> the
> fiance visa expired too long ago, would it be a big problem? Or could
> we
> simply send the I-130 at that point and reopen the I-485?
>
> What kind of paperwork has to be done to reopen a denied I-485?

It costs more money to file a Motion to Reopen a denied case. If you're
thinking that way, you might as well spend the money ahead of time for
an unecessary I-130, just to be on the safe side. Think of it as
insurance. The way I see it, there could be 4 scenarios:

1. Your I-485 is accepted w/o an I-130 and you have no problems, and
saved the I-130 filing fee.
2. You file only the I-485, you receive an RFE asking for an I-130,
at which point you file one and spend the fee on it anyway (not sure
if this scenario would ever happen, or if it would get denied
outright).
2. Your I-145 is denied and you'll have to spend the money to file a
Motion to Reopen.
4. Your I-485 is denied, and you spend the money to simply file a
whole new AOS package including the I-130 (even more money, but
probably easier than a motion to reopen).

I don't know how much the Motion to Reopen fee is, nor the I-130 fee
offhand, to do a price comparison.

Best Wishes,
Rene