K2 Visa AOS Denied

[JimVaPhuong 4,863]

Hi Harpa,

I tried looking all over for the original RFE, I just remembered it was sent back to them when they originally requested I do a new medical. They said I needed to send that back to them with any evidence.

I originally discuss with the immigration over the phone and told them my situation. I told them we did a medical before coming to the states. They said my medical was good for 1 year. They said submit a letter with a copy of the medical and stating is this is all that is required?.

So I did that and they sent me a letter of denial for our sons AOS. On that letter it said our son was not tested for TB. Now I am going through this to reopen the case.

I wish they would have said that on the original RFE they sent, that he needed a TB shot.

Now I am a little confused on the I-290B form, should I submit the evidence with the form of a new TB shot? and which box should I check on the form regarding the case?

1. I am filing an appeal. My breif and/or additional evidence is attached.

2. I am filing an appeal. My brief and/or additional evidence will be submitted to the AAO within 30 days.

3. I am filing an appeal. No supplemental brief and/or additional evidence will be submitted.

4. I am filing a motion to reopen a decision. My brief and/or additional evidence is attached.

5. I am filing a motion to reconsider a decision. My brief is attached.

6. I am filing a motion to reopen and a motion to reconsider a decision. My brief and/or additional evidence is attached.

Thanks

I don't think anyone here has any specific experience with filing a motion to reopen. Get an attorney to help with this.