Subject access report needed for AOS

[advocator 0]

Hi Everyone!

Well we've been gathering info for our AOS filing and since my husband had 1 minor crime involving moral turpitude, we have to provide the original (very specific in instructions to not include a copy) subject access report that shows his crime and fines that were paid. We spent much time and some money to get this report when he was in the UK. We presented the original at his interview in London and they kept it with the application. So are we now expected to get another original (takes at least 40 days processing plus international mailing time)? Can I contact someone at USCIS to see if the original that is with his K-1 application can be found and used? Or must we wait nearly 2 more months to apply for AOS? Any advice would be helpful!

Thanks!

[Inky 1,111]

If you want original documents back you must send a form and request them

Form G-884 return of original documents.

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=dccb5d4c6608e010VgnVCM1000000ecd190aRCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

[advocator 0]

If you want original documents back you must send a form and request them

Form G-884 return of original documents.

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=dccb5d4c6608e010VgnVCM1000000ecd190aRCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

Thanks for the speedy reply!

[JimVaPhuong 4,863]

If you want original documents back you must send a form and request them

Form G-884 return of original documents.

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=dccb5d4c6608e010VgnVCM1000000ecd190aRCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

I don't think that's what they want to do. Return of original documents can take a long time, and they want the original only so that they can submit it again with the AOS application. This seems pointlessly bureaucratic - "Please return my original document so that I can send it back to you with another form".

If it were me... I'd go ahead and file the AOS application. Include an explanation that an original subject access report was submitted with the visa application to the US consulate, and should already be in the file. Simultaneously, I would request another original subject access report from the relevant authorities in the UK. At best, they'll accept that there's already a required document in the file. At worst, they'll send an RFE for the document. By the time you get the RFE you should have received the new document.

[Nich-Nick 3,354]

Can I contact someone at USCIS to see if the original that is with his K-1 application can be found and used? Or must we wait nearly 2 more months to apply for AOS? Any advice would be helpful!

Thanks!

I'm thinking along the lines of Jim. Your London papers were in the white(?) envelope you turned in at POE. When you file AOS, they are supposed to order your A-file out of storage and match it up with your AOS. That's how they get your medical results. If you made a photocopy of the reports, you could include those with a note saying the originals were not given back to you in London and should be found in your A-file. Even if you don't have a photocopy, put in a page saying to look in your A-file for an original whatever it's called. Meanwhile you could be ordering new originals in case you get an RFE.

[advocator 0]

I'm thinking along the lines of Jim. Your London papers were in the white(?) envelope you turned in at POE. When you file AOS, they are supposed to order your A-file out of storage and match it up with your AOS. That's how they get your medical results. If you made a photocopy of the reports, you could include those with a note saying the originals were not given back to you in London and should be found in your A-file. Even if you don't have a photocopy, put in a page saying to look in your A-file for an original whatever it's called. Meanwhile you could be ordering new originals in case you get an RFE.

After looking at what is involved with getting the original back and how ridiculous the whole idea is to begin with, I think we will do what you and Jim suggested. We've already sent off for a new subject access, so it should be here by the time we get an RFE if that happens. Unfortunately, we don't have copies, but an explanation letter and new original if needed should cover the bases.

Thanks for the idea!