Change Form I-485 After Rejection?

[Ciele 0]

My husband and I recently submitted a completed AOS package. We got a rejection notice since we included only one cashiers check for $1010 rather than splitting the fee up into two checks. I noticed one of the questions on Form I-485 asks if you've ever previously applied and, if so, to give the date and filing of the deposition. Do we change this to "yes" instead of "no" and, if so, what do I say about the date and deposition? We never had any of that. Not yet, anyway.

[VanessaTony 3,567]

My husband and I recently submitted a completed AOS package. We got a rejection notice since we included only one cashiers check for $1010 rather than splitting the fee up into two checks. I noticed one of the questions on Form I-485 asks if you've ever previously applied and, if so, to give the date and filing of the deposition. Do we change this to "yes" instead of "no" and, if so, what do I say about the date and deposition? We never had any of that. Not yet, anyway.

There is no problem with one cheque for $1010. I did so and so do the majority of people on here.

How are you filing for AOS? Based on a K1 or K3? Or are you in the US on a visa other than those and filing an I-130 and I-485 together based on your marriage to a USC? I believe the latter and that you have the wrong fee, or the former and you addressed the cheque to the wrong person.

In response to the "have you filed" question no. You SENT the package but it was denied, therefore you haven't "filed" before. You simply posted something that effectively got "returned to sender".

Edited June 25, 2010 by Vanessa&Tony

[Ciele 0]

There is no problem with one cheque for $1010. I did so and so do the majority of people on here.

How are you filing for AOS? Based on a K1 or K3? Or are you in the US on a visa other than those and filing an I-130 and I-485 together based on your marriage to a USC? I believe the latter and that you have the wrong fee, or the former and you addressed the cheque to the wrong person.

In response to the "have you filed" question no. You SENT the package but it was denied, therefore you haven't "filed" before. You simply posted something that effectively got "returned to sender".

Actually my husband is neither K1 nor K3. He is here on an L1. We were married in Canada and had been living in Canada when his employer transferred him to the U.S. Since I am a U.S. citizen, we decided to go ahead and file for his permanent residency since his L1 expires in two years. Even though he is here on an employment visa, we are adjusting status based on our marital relationship rather than his employment status. The check was made out to "U.S. Immigration and Naturalization Services" Today I went ahead and got two separate checks, one for $930 and one for $80. These two new checks were made out to "U.S. Department of Homeland Security." Is there a problem with this? Should it just be one check or is two okay?

[VanessaTony 3,567]

Actually my husband is neither K1 nor K3. He is here on an L1. We were married in Canada and had been living in Canada when his employer transferred him to the U.S. Since I am a U.S. citizen, we decided to go ahead and file for his permanent residency since his L1 expires in two years. Even though he is here on an employment visa, we are adjusting status based on our marital relationship rather than his employment status. The check was made out to "U.S. Immigration and Naturalization Services" Today I went ahead and got two separate checks, one for $930 and one for $80. These two new checks were made out to "U.S. Department of Homeland Security." Is there a problem with this? Should it just be one check or is two okay?

Okay. No wonder you were denied. You paid the wrong fee. Your process is different an AOS that normally costs $1010. The cheque was also incorrect, it should be written out to: "US Department of Homeland Security" as per the I-485 (and I-130) instructions. Here's the I-485 Instructions: http://www.uscis.gov/files/form/i-485instr.pdf page 8.

Here's your guide: http://www.visajourney.com/content/i130guide2

The fee is $1010 for the I-485 (AOS) and $355 for the I-130 (spousal petition). You will need to complete the I-130 and the associated evidence documents with that, including evidence of co-mingling.

Sorry to be the bearer of expensive news.

** moved from "Adjustment of Status (Green Card) from Family Based Visas" to "Adjustment of Status from Work, Student, & Tourist Visas" as you are adjusting from a L1 visa and the prior forum is for K1, K2, K3 & K4**

Edited June 25, 2010 by Vanessa&Tony

[Ciele 0]

So people who used the K visa do not have to file an I-130? Is that correct?

I can still file those concurrently, right? My husband isn't on a tourist visa.

[Noth 4]

So people who used the K visa do not have to file an I-130? Is that correct?

I can still file those concurrently, right? My husband isn't on a tourist visa.

Yes you can file those at the same time, but they have different fees, so you'll need to join 2 separate check ($1010 & $355)

The only thing you shouldn't need to file for is the I-765 Employment Autorisation Document since your spouse already has the L1.

[trillium13 84]

So people who used the K visa do not have to file an I-130? Is that correct?

I can still file those concurrently, right? My husband isn't on a tourist visa.

It's not a question of whether you can or not, you must. His I485 eligibility is based on an approved I130.

Be sure to carefully read the guide that Vanessa and Tony posted. Good luck!

[payxibka 10,047]

So people who used the K visa do not have to file an I-130? Is that correct?

I can still file those concurrently, right? My husband isn't on a tourist visa.

K-1 or K-2's do not need the I-130... Anyone else who is an immediate relative of a USC requires an I-130

Yes you can file concurrently but separate checks for the separate fee payments ($355 & $1010)

Edited June 26, 2010 by payxibka