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Filed: AOS (pnd) Country: Taiwan
Timeline
Posted

Got a quick question.

Once the checks got cashed out, does it also mean that basically those petition forms are also passed??!!

Because I saw some cases when their petitions got rejected, the USCIS wouldn't cash out their checks but request to fill out new petition forms.

:unsure:

Does my theory correct??!!

Filed: K-1 Visa Country: Vietnam
Timeline
Posted

Got a quick question.

Once the checks got cashed out, does it also mean that basically those petition forms are also passed??!!

Because I saw some cases when their petitions got rejected, the USCIS wouldn't cash out their checks but request to fill out new petition forms.

:unsure:

Does my theory correct??!!

"Passed" is not the appropriate word to use here. You are "passed" when you are approved for the green card.

When the check is cashed it only means the person who pre-screened the packet determined there was no reason to immediately reject the application, so they processed it into the system and cashed the checks. Shortly after that (within a couple of weeks) you should receive a notice that the application has been "accepted". Once an immigration officer gets the application they could still reject it or issue an RFE.

They don't usually reject an application and return it without cashing the check unless the application clearly cannot be accepted as is. For example, if the check was for the wrong amount, or you didn't sign the check, or you didn't sign the application, or you selected an AOS category for which you're clearly not eligible for, etc.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

Filed: AOS (pnd) Country: Taiwan
Timeline
Posted (edited)

"Passed" is not the appropriate word to use here. You are "passed" when you are approved for the green card.

When the check is cashed it only means the person who pre-screened the packet determined there was no reason to immediately reject the application, so they processed it into the system and cashed the checks. Shortly after that (within a couple of weeks) you should receive a notice that the application has been "accepted". Once an immigration officer gets the application they could still reject it or issue an RFE.

They don't usually reject an application and return it without cashing the check unless the application clearly cannot be accepted as is. For example, if the check was for the wrong amount, or you didn't sign the check, or you didn't sign the application, or you selected an AOS category for which you're clearly not eligible for, etc.

wow~what a nice explanation!!

After all this is the baby step of everything, right? :blush:

I think at least I know we didn't really fill anything wrong and basically filled out everything in the correct way.

Got another question...

Under what situations that the immigration officer could reject the petitions? Such as someone didn't pass the interview??

And what dose RFE mean??!!

Thanks!!

Edited by Estrellalin
Filed: K-1 Visa Country: Vietnam
Timeline
Posted

Under what situations that the immigration officer could reject the petitions? Such as someone didn't pass the interview??

And what dose RFE mean??!!

First, let's clarify the difference between "reject" and "deny". If they "reject" an application they are saying they cannot make a decision on the application for some reason. If they "deny" an application they are saying they've made a decision, and the answer is "no".

An application can be rejected by an immigration officer for the same reasons it could be rejected by a pre-screener. The pre-screener may not detect something wrong with one of the forms or documents. For example, forgetting to sign a form.

Most minor errors can be corrected with an RFE, which means "Request For Evidence". Basically, they send you a letter stating what is wrong with your forms or documents, and you have a couple of months to respond with whatever they're asking for. If you give them what they want then they'll continue processing your application. If you don't, they'll deny the application.

If you don't pass the interview then you are denied, not rejected.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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