PLEASE HELP! (AOS)

[Jose & Dadai 1]

I am really confused... please, anybody can help me???? Ok, here's my problem...

I came to US about 2 months ago with K-1 visa together with my daughter (K-2). My husband and I got married just last month. and 1 week after our marriage we decided to apply for my Adjustment of Status. I submitted to the USCIS the forms I-485 together with I-765, I-131 and all other supporting documents for me and my daughter following the "Step-by-Step Guide to file for AOS" here in Visajourney.com. 2 weeks later, we received the packet that we sent to the USCIS with the I-797C Notice of Action (Rejection Notice). As I quote, the notice says:

"This is in reference to the I-485, Application to Register Permanent Residence of Adjust Status, you submitted. Your I-485, fees, and any supporting documention is being returned to you for the following reason(s):

Based on the information you provided, your priority date could not be established. Please resubmit your application with the proper documentation to the address listed on the bottom of this notice.

The following documents may be provided:

Your original Form I-130, (Petition for Alien Relative) if you are filing concurrently; or

Your original Form I-140, (Immigrant Petition for Alien Worker) if you are filing concurrently; or

Your original Form I-360, (Petition for Amersian, Widow(er), or Special Immigrant) if you are filing concurrently; or

A copy of your Form I-797, (Notice of Action) if the I-130, I-140, I-360, or I-526 petition has already been filed/approved; or

Other evidence that an immigration visa petition has been filed/approved on you behalf."

I am really confused because I thought Form I-130 for K-3 when applying for AOS and for me because I am K-1, I submitted them a copy of my FORM I-797 Notice of Action (I-129F Approval Notice).

Anyone here had the same experience with me??? Please help!

[jingo 38]

Did you pay the correct fee?

[Jose & Dadai 1]

Did you pay the correct fee?

Yes, I send them $1070 for my payment and $635 for my daughter.

[Inky 1,111]

It sounds like you filled something out on the forms wrong and they don't think you are applying from K-1.

Compare your forms to the example forms on VJ and see if something is miss matched.

[JimVaPhuong 4,863]

On the I-485, section 2, did you check box "a" or box "c"?

[Jose & Dadai 1]

On the I-485, section 2, did you check box "a" or box "c"?

I did check the box "C" and I'm pretty sure that I did filled out the forms correctly...

[JimVaPhuong 4,863]

I did check the box "C" and I'm pretty sure that I did filled out the forms correctly...

Sounds like they made a mistake. I would make an InfoPass appointment at your local USCIS field office. You might be able to get them to accept your application without having to refile and pay the fees again.

[Jose & Dadai 1]

It sounds like you filled something out on the forms wrong and they don't think you are applying from K-1.

Compare your forms to the example forms on VJ and see if something is miss matched.

I don't know.. We are trying to figure out what's wrong with our forms and we check them one-by-one... Everything I filled-up describe me as K-1. I am starting to wonder, is it because I already used my husband's lastname in the form??? or am I still going to use my maiden name in applying for AOS???? OMG, im going crazy with this!

[Inky 1,111]

I don't know.. We are trying to figure out what's wrong with our forms and we check them one-by-one... Everything I filled-up describe me as K-1. I am starting to wonder, is it because I already used my husband's lastname in the form??? or am I still going to use my maiden name in applying for AOS???? OMG, im going crazy with this!

It shouldn't be married name issue because most people file with married name and get the green card in married name! I got mine in married name without issue.

I think I agree with Jim - infopass appointment to figure this out is probably best i think they made a mistake after seeing some of your answers on here.

[Jose & Dadai 1]

Sounds like they made a mistake. I would make an InfoPass appointment at your local USCIS field office. You might be able to get them to accept your application without having to refile and pay the fees again.

I thought about that too that they oversee my Form I-797(Approval Notice I-129F) because that's what they mentioned on the letter they sent to us.. but, i still dont know, I wish I could call them now.. too bad, it's sunday...

[Jose & Dadai 1]

It shouldn't be married name issue because most people file with married name and get the green card in married name! I got mine in married name without issue.

I think I agree with Jim - infopass appointment to figure this out is probably best i think they made a mistake after seeing some of your answers on here.

Yes, you are right... We will do it tomorrow, monday..

[NigeriaorBust 4,087]

Monday is a holiday

Did you include a copy of your marriage lic. and K1 page from your passport

[Jose & Dadai 1]

Monday is a holiday

Did you include a copy of your marriage lic. and K1 page from your passport

Oh gosh! I forgot it's Labor Day!... well i will have 2 more days to be thinking of this thing!!!

Yes, i did include a Copy of our marriage license and we even had it Certified.

Yes, i did sent them too a copy of my passport and my K-1 visa...

Edited September 4, 2011 by Jose & Dadai

[Enigma11561 336]

Try not to worry about things until its time to worry about them. This is not the time. You sound like you have done everything correctly and seem to be on top of things. Chill out over the holidays and then set up that info pass appointment. Depending where you live you can usually get an appointment same day or next day. Show them what you did. They will either say here is your error or accept their error. Either way you will be on your way to AOS. Good Luck.

[bigdog 377]

http://www.visajourney.com/content/k1k3aos reread, make an info pass appointment. Double check all your paperwork.