AOS/EAD DENIED HELP PLEASE!

[bcjc 0]

Hi Everyone,

Thank you for all your responses.

We just got the denial letter today. It's saying we failed to submit:

Copies of the most recent Federal Income tax for the joint sponsor. Which we never really did (how stupid of and ignorant of me)

We submitted W2 forms of my Mother-in-law (together with bank accts, employment letter etc., we thought it'd be sufficient.

And we're thinking, since we only missed 1 paperwork, which we can submit right away, why didn't just send us another RFE?

They're saying I can file for a motion which we have to pay $630!!

I talked to a USCIS officer on the phone today and he said, (he thinks) that the best option is to file for a motion because it's a very simple misunderstanding. He also gave me an option to re-file and start over again which we have to pay $1070 again we're gonna do that.

I'm still thinking what I should do. Please help me. Re-file and start over again or File for a motion? Which is faster and more convenient?!

Thanks again guys, you all are very helpful!

[bcjc 0]

Got here in November 2010 thru K1 Visa, got married within 90 days but didn't file for AOS/EAD until May 2011.

In July, we got an RFE saying we need a co-sponsor. We submitted my mother-in-law's w2 forms, payslips, bank acct info etc.

Las Monday, USCIS website is saying they denied our application.

We just got the denial letter today.

It's saying we failed to submit:

Copies of the most recent Federal Income tax for the joint sponsor.

Which we never really did (how stupid and ignorant of me)

We submitted W2 forms of my Mother-in-law (together with bank accts, employment letter etc.,) we thought it'd be sufficient.

And we're thinking, since we only missed 1 paperwork, which we can submit right away, why didn't just send us another RFE?

They're saying I can file for a motion which we have to pay $630!!

I talked to a USCIS officer on the phone today and he said, (he thinks) that the best option is to file for a motion because it's a very simple misunderstanding. He also gave me an option to re-file and start over again which we have to pay $1070 (again)if we're gonna do that.

I'm still thinking what I should do. Please help me. Re-file and start over again or File for a motion? Which is faster and more convenient?!

Also, SHOULD WE HIRE A LAWYER? Or since it's very simple, we can do it on our own?

Thanks again guys, you all are very helpful!

[Channah&Aaron 51]

Because you didn't do what they told you to do, they denied your AOS petition.

They don't send RFE's after an other after an other after another because people don't submit the documents they requested them to do

If I were you, I would file for a motion since this is clearly a lot cheaper than the full 1070 dollahs!

No need for a lawyer since you only have do submit a document and this isn't a complicated case at all....

Good luck!

[Kathryn41 3,205]

In order to keep the 'whole story' together in one thread I am merging the two threads discussing this issue together.

[bcjc 0]

I started a new topic, so I can get "new" answers from people who could help me with the same situation. thank you.

[Kathryn41 3,205]

I started a new topic, so I can get "new" answers from people who could help me with the same situation. thank you.

I appreciate that, however, it is less confusing for people when all of the initial information is together and you are more likely to get responses in one thread than in two on the same topic. People will still see this topic with a 'new' response posted, and so click on it to read the new response.

Just starting a whole new thread about the same topic won't get you new answers. Continuing a discussion with all of the relevant information in one place is more likely to get you additional information as people are more likely to contribute when they have the whole background in one place. The topic is still the same - how do I respond to a denied AOS.

[Inky 1,111]

No need for a lawyer the reason it was denied was a simple reason.

File motion to re-open since its cheaper and supply the missing documents plus extras.

[bcjc 0]

Thank you Kathryn! I appreciate it.

@Inky, any idea how long it takes for a motion to get approved? And how sure are we that it would get approved? Thanks again

[bcjc 0]

One more question (sorry)

My I took my medical exam September last year, which means, it's already expired, if we file for a motion to re-open the case, do I have to go through another medical?

[Chris921 13]

ok i am not 100% on the need for a medical, but since it is reopening a case i think you should be fine, whereas if you were to reapply you'd have to do another medical

[Kathryn41 3,205]

If you are re-opening the existing case and that is approved, then the medical on file should still be fine as the application was filed while the medical was valid and it is still the same application under consideration. If you decide to re-apply with a new application, however, you would require a new medical.

[ceadsearc 516]

Unfortunately for your situation, you only get one shot with the RFE - if they send you an RFE for something and you send it back still missing something (in this case all the proper documents for the joint sponsor) they won't give you another RFE. Luckily, this isn't a huge problem like being inadmissible would be. It's annoying, time-consuming, and costly, but you are still on your path to a green card.

[bcjc 0]

Thank you sooo soo much guys! I feel better now. Yes, it's really very time consuming and costly, not to mention the trouble they caused you because of getting upset/nervous about the denial. I'm praying they will grant our greencard this time!

Do you think it would take them more than 3 months for the approval?