1-130 rejected because of mistake on 1-485

[Mathilda 19]

Hi folks,

I recently submitted 1-130 and 1-485 for AOS from WVP. I filed the first time within 90 days of my stay but the application got rejected because of the wrong address in one of the forms.

The invite me to resubmit the whole package with the letter they sent me so that my application can receive special attention. However, they also say that the filing date will not be retained. That means that I am going to file after my 90 days expired, do you think this will have a negative impact on my application?

Thanks,

M.

[VanessaTony 3,567]

Depends where you live. A lot of the time recently in many districts AOS from the VWP is denied if filed after the 90 days of authorised stay. This is why it's important to know where you live so we can advise properly.

[Mathilda 19]

Thanks for your reply, I live in Connecticut.

[Myopia 93]

Hi folks,

I recently submitted 1-130 and 1-485 for AOS from WVP. I filed the first time within 90 days of my stay but the application got rejected because of the wrong address in one of the forms.

The invite me to resubmit the whole package with the letter they sent me so that my application can receive special attention. However, they also say that the filing date will not be retained. That means that I am going to file after my 90 days expired, do you think this will have a negative impact on my application?

Thanks,

M.

No it is not going to affect your filing or the outcome even if you live in San Diego.

A few months back there were issues with filing once the stay was expired but the USCIS clarified this matter and basically stated that the applications would be dealt with in the same way as other filings.

Just resubmit your application.

[BMW4me 12]

denied because of wrong address, USCIS god they coudl've just sent an RFE or something,

they are so fast to jump on the gun.

[Mathilda 19]

Hey, thanks a lot for support. I have read somewhere that filing after expiration date is no longer an issue, but I cannot find the link and I wanted to make sure. It was such a disappointment to receive the rejection after all the work done with the forms and 30 days wait. But it was dumb on my side to report my non-U.S. address in the i-485...

Now, I saw that they wrote stuff on all the forms, should I resubmit the same forms that USCIS touched or do I need to reprint the forms?

Thanks again.

M.

[Myopia 93]

Hey, thanks a lot for support. I have read somewhere that filing after expiration date is no longer an issue, but I cannot find the link and I wanted to make sure. It was such a disappointment to receive the rejection after all the work done with the forms and 30 days wait. But it was dumb on my side to report my non-U.S. address in the i-485...

Now, I saw that they wrote stuff on all the forms, should I resubmit the same forms that USCIS touched or do I need to reprint the forms?

Thanks again.

M.

Send the forms back exactly as is. Change the address on whatever part of the form needed to be changed and then resubmit with the letter they sent you on top. Dont beat yourself up too much about it. People make mistakes. If they said your application would receive special attention then it will probably catch up with the rest of the people who had your filing date so you may well get everything in the same timeframe.

Edited May 28, 2011 by Myopia

[ubamama 5]

just resend the forms with the correct address. i dont think it will have any effect on your case. you might seek advice from an immigration lawyer befor you submitt the forms so that she will help you fill the forms correctly and as well give legal suports. dont loss hope. ok?

[VanessaTony 3,567]

While Myopia seems to think there isn't an issue I still think there might be. I know there's a memo but I think she's misreading/misunderstanding it. It's up to you to roll the dice. If you think that you stand a chance, do it! If you want to be safe, then go home and file CR-1. It's completely a personal choice. Given that there's no appeal from a denied VWP adjustment I would go home... but then I had family I could live with and income I could have received while back in Aus so it wasn't a huge deal. Some people have nothing to go back to so the risk is more worth it.

It would be good if you can let us know the outcome though so it's a bit more evidence either way (for your district that is).

[Harpa Timsah 13,258]

Myopia is well-versed in the subject and has studied this issue seriously. A memo has been published which seems to clear up the issue in the 3rd circuit and AOS from WVP that were on hold are now moving forward. Since AOS is discretionary as always, San Diego seems to be still denying. Everywhere else seems safe, at least on that issue. Good luck.

[Myopia 93]

While Myopia seems to think there isn't an issue I still think there might be. I know there's a memo but I think she's misreading/misunderstanding it. It's up to you to roll the dice. If you think that you stand a chance, do it! If you want to be safe, then go home and file CR-1. It's completely a personal choice. Given that there's no appeal from a denied VWP adjustment I would go home... but then I had family I could live with and income I could have received while back in Aus so it wasn't a huge deal. Some people have nothing to go back to so the risk is more worth it.

It would be good if you can let us know the outcome though so it's a bit more evidence either way (for your district that is).

Thanks for your assessment of my reading comprehension skills. but I wont take it personally. It takes a lot to stay on top of every immigration issue particularly something that evolved as much as the adjustment from Visa Waiver Program Overstay matter.

USCIS released a memo and there will be guidance thats updated in the Adjudicators Field Manual shortly.

The situation has changed and most know that by now. The only area which is still grey is San Diego and even they have said that they will adjust VWP overstay adjustments if there is a good reason for the overstay (Saving Face if you ask me)

If you do a search @ Vanessa then you will find a thread several pages long that breaks down the situation as it was, as it evolved and as it is now. It wil help you give more balanced advice especially when it comes to the VWP overstays.

To the OP, please dont let anyone make you feel afraid. It is what it is.

FIle your papers, make sure the evidence is all good. Make sure you have your relevant documents as well as any translations that may be needed. Take this opportunity to finesse your application if you want.

Send the application in and relax. You will be stressing at every step. Dont believe me? Come to the March 2011 Progress thread on this section. Over 60 pages of stress!

Thanks for the words Harpah.

Edited May 29, 2011 by Myopia

[VanessaTony 3,567]

If you do a search @ Vanessa then you will find a thread several pages long that breaks down the situation as it was, as it evolved and as it is now. It wil help you give more balanced advice especially when it comes to the VWP overstays.

Before all the sh*t hit the fan and VWP's were being denied my advice was the same and remains the same, there is no appeal from VWP overstays. If there's a large overstay to get a ban you're better off rolling the dice (in my opinion) but if you've only just overstayed and have no ban then I would go home (note I said I). It isn't worth the risk of being denied (which does happen regardless of overstay) and having no appeal. But like I said, I have a home and income to go back to, others don't.

The "you will be fine" mentality is all well and good but isn't entirely correct. Misfile a document or do something that gets you denied and you HAVE to go home. There is NO appeal. You will read many stories of people sure they would be fine and end up not being fine and with lack of appeal and having waited months for a result they have little to go back to at home. Maybe the overstay isn't an issue any more, but the lack of appeal is. Tony would never have risked being apart from me (and I him) for months and even years when there was another safer route available.

Edited May 29, 2011 by Vanessa&Tony

[Myopia 93]

Vanessa..You said I misunderstood/misread the memo. When you said that you inferred that USCIS wasnt allowing VWP adjustments. The point is that they are. Yes if the adjustment is denied then there is no appeal. We all know that. We understand that and if that was your focal point then you could have said that without mentioning me.

Im glad you and Tony chose to do it the other way. Good for you but that is not an option for everyone.

[Mathilda 19]

Send the forms back exactly as is. Change the address on whatever part of the form needed to be changed and then resubmit with the letter they sent you on top. Dont beat yourself up too much about it. People make mistakes. If they said your application would receive special attention then it will probably catch up with the rest of the people who had your filing date so you may well get everything in the same timeframe.

Myopia, thanks a lot for your help!

Everybody here on VJ seems to think that I have to resubmit the package as it is, but it is still unclear to me whether I should leave the documents organized and stapled the way USCIS did. I have heard that this would help them with processing the application, but all the forms have a I-797C (Notice of Action/Rejection) attached, should I leave those as well? I feel like I should keep them for my records...

Thanks a lot!!!

M.

[Myopia 93]

Myopia, thanks a lot for your help!

Everybody here on VJ seems to think that I have to resubmit the package as it is, but it is still unclear to me whether I should leave the documents organized and stapled the way USCIS did. I have heard that this would help them with processing the application, but all the forms have a I-797C (Notice of Action/Rejection) attached, should I leave those as well? I feel like I should keep them for my records...

Thanks a lot!!!

M.

Sorry I didnt get back to you! Im not sure whether to attach those or not but I am assuming you did something already. Again my apologies.