check rejection notice. E3 to Greencard

[groovyaardvark 7]

Hi everyone,

Firstly I just wanted to say that this site and it's participants have been a lot of help so far on our journey, so thank you.

I have been living and working in the US for the past ~3 years on an E3 visa for Australians. I am an Australian citizen by birth, and my now wife is a dual US/Australian citizen by birth.

We recently submitted the Adjustment of status application with marriage petition and it was rejected. (submitted 9/14/10, rejection receieved 9/25/10)

Reason for rejection:

1. A newer version of i-485 is available. Which I found annoying seeing as I got the form from the USCIS site redirected from this site in the guide section.

2. Check ammount incorrect. Which is not true, the check ammount was correct, but was in 2 seperate checks. (one for i-485, biometrics and EAD, and one for i-130) From the wording in the rejection notices it seems like they desire a seperate check for each form. (3 in my case, Marriage petition, AOS, and EAD and a fourth check for the biometrics.) From reading other peoples experiences it seems 4 seperate checks is the way to go. Does this sound like a good idea?

Anyway, I thought I would start a post for advice, as well as helping others. There is extremely little documented history of people going from E3 visas to permanent residency directly so I thought my experience could benefit others.

Thank you all in advance.

[VanessaTony 3,567]

Hi everyone,

Firstly I just wanted to say that this site and it's participants have been a lot of help so far on our journey, so thank you.

I have been living and working in the US for the past ~3 years on an E3 visa for Australians. I am an Australian citizen by birth, and my now wife is a dual US/Australian citizen by birth.

We recently submitted the Adjustment of status application with marriage petition and it was rejected. (submitted 9/14/10, rejection receieved 9/25/10)

Reason for rejection:

1. A newer version of i-485 is available. Which I found annoying seeing as I got the form from the USCIS site redirected from this site in the guide section.

2. Check ammount incorrect. Which is not true, the check ammount was correct, but was in 2 seperate checks. (one for i-485, biometrics and EAD, and one for i-130) From the wording in the rejection notices it seems like they desire a seperate check for each form. (3 in my case, Marriage petition, AOS, and EAD and a fourth check for the biometrics.) From reading other peoples experiences it seems 4 seperate checks is the way to go. Does this sound like a good idea?

Anyway, I thought I would start a post for advice, as well as helping others. There is extremely little documented history of people going from E3 visas to permanent residency directly so I thought my experience could benefit others.

Thank you all in advance.

The cheque amount should have been $1365. And written as per this site: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3850a99ba78af110VgnVCM1000004718190aRCRD&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1RCRD One cheque is fine, if written correctly, for the correct amount and if a personal cheque is used. If you use a money order, you will need to seperate the cheques as there is a limit of $1000 per money order. In this even though should separate the biometrics and AOS fee.

The EAD is no charge, this is probably why your cheque was rejected. They cannot accept even 1 penny too much as it is considered bribery.

The forms are updated randomly and it's likely that during the time you downloaded the form, filled it in, and sent it off (if you're like me I stored them for some time before sending) the form was updated. It sucks but it almost happened to me with the G-325A. The only reason I checked is because of a thread similar to yours where forms were rejected.

** 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 an E3 visa and the prior forum is for K1, K2, K3 & K4 **

Edited October 26, 2010 by Vanessa&Tony

[groovyaardvark 7]

Hi thank you for moving my post and your advice. It is much appreciated.

The rejection notice for the EAD specifically says it requires a check or money order for $340. I had read previously that there was no charge for certain situations but I does not seem to apply to me.

Yes I did hang onto the forms for a couple of months before I mailed them off. A bit annoying, but I suppose its my own fault. I will be resending the applications today.

[groovyaardvark 7]

After reading the rejection notice further, the small print does say that if you are filing a i-465 at the same time and that was also rejected then I do not need to send $340 for the EAD.

Thanks!

[groovyaardvark 7]

Forms were accepted!

You were right, I paid for the AED when it was not required.

Thanks for all your help.

[KapilArora 0]

Hi,

I am currently here in US and going to apply for E-3 VISA. Is it necessary that I have to go to Australia to apply for the VISA or can I go to Canada and apply over there as well?

Thanks in advance.