Denied at Interview

[kjmel38 1]

I wasn't criticizing what you said, but how you said it. This is a legal process, so accuracy is important. Your statement implied that the EAD and AP fees were "included" with the AOS fee. This would imply that someone who filed for AOS and did NOT also file for an EAD and AP would be able to deduct the filing fees for those forms from their total AOS cost, which of course is not true.

You are talking about classes of visas. I am talking about the term as defined in immigration law. An "alien" is anyone who is not either a US citizen or US national - INA section 101(3). You can be both an immediate relative of a US citizen AND an "alien".

Hello ! JimVaPhuong,

I know It is A Legal Process, And it's a Gov't Matter, so we need to Understood the Facts,Before we can say that we understand the Matter, that's why I agree to you when you clear it, about AOS payment, Is 930 + 80 goes to Biometrics that leads in a Total of 1,010, for Adjustment of Status,.What i am saying is if you Filed Form I-485, and you included the Form I-765, and Advance Parole Form, there is no added payment to be made. But if you filed in a Later date for EAD & Advance Parole, or if you did not do it at the same time, if you don't Apply for it with Form I-485, there the payment Occurs on each Forms. well this is the way i understood the filing fee, Correct me if I'm wrong but Pretty Sure ,I'm saying the True of it, Becaused I Included the Form I-765, Filled up the Form & Submitted with my Form I-485 with one check payment of 1,010. It works what i did in my Application, I got my EAD Approved. Now I can say that it is Always On Case to Case basis, and It Depends what you Believe On,If we think , we understand the requirements And procedures . Just Sharing how I Apply .All that i am saying is not based on other experienced but on my Own experienced.Good luck to every one.

Kjmel38

[VanessaTony 3,567]

Hello ! JimVaPhuong,

I know It is A Legal Process, And it's a Gov't Matter, so we need to Understood the Facts,Before we can say that we understand the Matter, that's why I agree to you when you clear it, about AOS payment, Is 930 + 80 goes to Biometrics that leads in a Total of 1,010, for Adjustment of Status,.What i am saying is if you Filed Form I-485, and you included the Form I-765, and Advance Parole Form, there is no added payment to be made. But if you filed in a Later date for EAD & Advance Parole, or if you did not do it at the same time, if you don't Apply for it with Form I-485, there the payment Occurs on each Forms. well this is the way i understood the filing fee, Correct me if I'm wrong but Pretty Sure ,I'm saying the True of it, Becaused I Included the Form I-765, Filled up the Form & Submitted with my Form I-485 with one check payment of 1,010. It works what i did in my Application, I got my EAD Approved. Now I can say that it is Always On Case to Case basis, and It Depends what you Believe On,If we think , we understand the requirements And procedures . Just Sharing how I Apply .All that i am saying is not based on other experienced but on my Own experienced.Good luck to every one.

Kjmel38

Nope you're wrong. As long as you file the EAD and AP either WITH the AOs submission, or BEFORE the AOS has been approved (by sending in the NOA1 from the AOS) then the fee is still waived.

Also, whilst I appreciate that you're just offering assistance, just like me you applied before two years (after 2 years of marriage is normally when a 10 year card is granted) therefore getting a conditional card. Neither you nor I can say for sure what will happen, nor should we add conjecture to an already confusing matter.

This is distracting to the op

[kjmel38 1]

Nope you're wrong. As long as you file the EAD and AP either WITH the AOs submission, or BEFORE the AOS has been approved (by sending in the NOA1 from the AOS) then the fee is still waived.

Also, whilst I appreciate that you're just offering assistance, just like me you applied before two years (after 2 years of marriage is normally when a 10 year card is granted) therefore getting a conditional card. Neither you nor I can say for sure what will happen, nor should we add conjecture to an already confusing matter.

This is distracting to the op

Hi ! Vanessa & Tony

I am not sure .if your Post referring to me, I don't applied before two years, Yes I agree too you, Good Luck to every One.

Kjmel38

[JimVaPhuong 4,863]

Hi ! Vanessa & Tony

I am not sure .if your Post referring to me, I don't applied before two years, Yes I agree too you, Good Luck to every One.

Kjmel38

Really? Your timeline says you sent your AOS petition 8 days after you were married.

[kjmel38 1]

Really? Your timeline says you sent your AOS petition 8 days after you were married.

Hi! JimVaPhuong,

Yes your right I Applied for AOS after 8 days of Married.Not after 2 years of married, and to make it more Clarify, i am Married for 2 Months and 14 days .

Kjmel38

[ronnielee67 2]

While I know they sometimes disregard documents they don't need, surely they wouldn't have cashed the check for the I-130 if it was not required? Like when people send a check for both I-485 and I-765 when the I-485 covers it, how they send a rejection notice for the bits that were not needed and return the check?

I can't believe we didn't have a way to find out we needed to file the I-130 too. I wish the guides had a little information about that, I know it's a rare occurrence but I'm seeing at least 3 people in this thread who it happened to (although they both somehow figured out to include the I-130 thankfully), so I just worry there are others out there who will make the mistake that we did.

I'm just praying they don't cash my check then deny us for not including the I-130, because it's going to be hard enough to get the ~$400 together for that, let alone if we have to refile everything after a denial.

I don't see why you would be denied. They would send an RFE for the missing information, Right? Then, if you don't comply, that's a different story.

[jezebelseven 0]

Well, I dunno-- I mean, I've seen RFEs for more information and documents, but can they RFE for something that also requires more payment? I guess I was going on the assumption that when incorrect payment is sent they just return the whole package, as I believe I've seen that happen in a few threads when people didn't pay enough for their whole AOS package, or wrote out multiple checks.

They accepted the package and processed our check last night, so I sure hope we're looking at an RFE at worst... I just feel completely dumb for not finding this out a day beforehand. We've waited long enough and are finally ready to get this over with. Sigh.

I keep trying to just keep on trucking, getting things together for the interview that we assume is coming, but I've got major anxiety issues in general, so this isn't helping that at all! Preaching to the choir, I know, I know!

[JimVaPhuong 4,863]

Well, I dunno-- I mean, I've seen RFEs for more information and documents, but can they RFE for something that also requires more payment? I guess I was going on the assumption that when incorrect payment is sent they just return the whole package, as I believe I've seen that happen in a few threads when people didn't pay enough for their whole AOS package, or wrote out multiple checks.

They accepted the package and processed our check last night, so I sure hope we're looking at an RFE at worst... I just feel completely dumb for not finding this out a day beforehand. We've waited long enough and are finally ready to get this over with. Sigh.

I keep trying to just keep on trucking, getting things together for the interview that we assume is coming, but I've got major anxiety issues in general, so this isn't helping that at all! Preaching to the choir, I know, I know!

Ever been to a US post office? Sometimes the person at the window is really on the ball, and knows exactly what to do for each customer. Sometimes they are absolutely clueless, and aren't even sure how to sell stamps.

We're talking about the US government here. You can never predict what will happen when you're dealing with bureaucrats.

I suspect what will happen depends on who determines an error has been made, if anyone ever detects it. The person who screens the package before submitting the check would have to be looking pretty closely to determine that an I-130 might be required. If they're just going by a checklist then they might presume an I-130 isn't required if they see you checked box "c" in section 2 on the I-485, which means it's a K1 visa case.

If the blogger I read was correct, then the IO has discretion, and can decide how long is too long. I suspect it's not that arbitrary. If they do determine that an I-130 is required then I don't know if they could simply issue an RFE for it. That would be like an alien showing up for a K1 visa interview when there was no approved petition, and the consulate issuing an RFE for an approved petition. If an applicant is adjusting status based on INA 245(a) then they aren't eligible to adjust status until an immigrant visa is immediately available for them. This means they can't adjudicate the AOS petition until an immigrant visa petition has been approved. An IO going strictly by the book could see the applicant was "clearly ineligible" without an approved immigrant visa petition, and deny the AOS without an RFE. On the other hand, they could just set the AOS petition aside to be adjudicated later (which is what essentially happens when you concurrently file an I-130), and send an RFE for an I-130.

The AFM isn't clear about what an IO is supposed to do in these cases. Hopefully, you'll get an IO who thinks like a rational human being, and is willing to work with you if there's a problem.

[ronnielee67 2]

Ever been to a US post office? Sometimes the person at the window is really on the ball, and knows exactly what to do for each customer. Sometimes they are absolutely clueless, and aren't even sure how to sell stamps.

We're talking about the US government here. You can never predict what will happen when you're dealing with bureaucrats.

I suspect what will happen depends on who determines an error has been made, if anyone ever detects it. The person who screens the package before submitting the check would have to be looking pretty closely to determine that an I-130 might be required. If they're just going by a checklist then they might presume an I-130 isn't required if they see you checked box "c" in section 2 on the I-485, which means it's a K1 visa case.

If the blogger I read was correct, then the IO has discretion, and can decide how long is too long. I suspect it's not that arbitrary. If they do determine that an I-130 is required then I don't know if they could simply issue an RFE for it. That would be like an alien showing up for a K1 visa interview when there was no approved petition, and the consulate issuing an RFE for an approved petition. If an applicant is adjusting status based on INA 245(a) then they aren't eligible to adjust status until an immigrant visa is immediately available for them. This means they can't adjudicate the AOS petition until an immigrant visa petition has been approved. An IO going strictly by the book could see the applicant was "clearly ineligible" without an approved immigrant visa petition, and deny the AOS without an RFE. On the other hand, they could just set the AOS petition aside to be adjudicated later (which is what essentially happens when you concurrently file an I-130), and send an RFE for an I-130.

The AFM isn't clear about what an IO is supposed to do in these cases. Hopefully, you'll get an IO who thinks like a rational human being, and is willing to work with you if there's a problem.

I guess it could depend on the person that looks at it. The officer who was checking my packet before I sent it caught it right away. She didn't have to think about it or ask anyone. She was sure that the I-130 was needed after 2 years. Almost like she had seen that situation regularly.