just found out that AOS got denied..

[hakunamatata 1]

is impossible for you to use a telephone? Is that what yer saying?

im calling the USCIS but i cant connect to the line.. have been waiting for several minutes but nobody answers... im gonna try later again. and ill keep u guys updated.

wishing everything would be fine soon.

Edited September 5, 2012 by hakunamatata

[hakunamatata 1]

Answers in red above.

As you were told on the phone, you can't really decide what to do until you get the letter... outside of tell your husband now. All choices involve spending a LOT of money... so he'll need warning, and of course time to comfort you.

would the time processing for GC which is typically within 5-6mos would take longer on my second application like my processing time would be more than that 6mos since it's a second filing..like that.

ive told him about it last night and my heart breaks seeing him feeling so bad about the news. he couldnt believe as well too.

do you think we should get a lawayer now? we didnt get one on my k1 visa application so we didnt get one when we applied for AOS since we thought it was just a piece of cake.

thanks

Answers in red above.

As you were told on the phone, you can't really decide what to do until you get the letter... outside of tell your husband now. All choices involve spending a LOT of money... so he'll need warning, and of course time to comfort you.

would the time processing for GC which is typically within 5-6mos would take longer on my second application like my processing time would be more than that 6mos since it's a second filing..like that.

ive told him about it last night and my heart breaks seeing him feeling so bad about the news. he couldnt believe as well too.

do you think we should get a lawayer now? we didnt get one on my k1 visa application so we didnt get one when we applied for AOS since we thought it was just a piece of cake.

thanks

[Xanax 349]

would the time processing for GC which is typically within 5-6mos would take longer on my second application like my processing time would be more than that 6mos since it's a second filing..like that.

ive told him about it last night and my heart breaks seeing him feeling so bad about the news. he couldnt believe as well too.

do you think we should get a lawayer now? we didnt get one on my k1 visa application so we didnt get one when we applied for AOS since we thought it was just a piece of cake.

thanks

would the time processing for GC which is typically within 5-6mos would take longer on my second application like my processing time would be more than that 6mos since it's a second filing..like that.

ive told him about it last night and my heart breaks seeing him feeling so bad about the news. he couldnt believe as well too.

do you think we should get a lawayer now? we didnt get one on my k1 visa application so we didnt get one when we applied for AOS since we thought it was just a piece of cake.

thanks

If you filed again it would be the same time frame as the initial filing.

[hakunamatata 1]

If you filed again it would be the same time frame as the initial filing.

ok thanks.

do u guys know anybody with this case too?what did they do? how did it go? did it end up well?

[Kaoticor 5]

FYI I actually asked about this at an infopass appointment, what happens on a K1 AOS denial.

The officer told me as follows:

It depends on the denial reason. One of the main causes for denial of AOS from a K1 entry and marriage is I-864 documentation problems. If that was the reason for your denial, or a simple case of missing vital documentation, the IO told me we should be to either file the motion to re-open or refile the I-485. She recommended filing a whole new I-485 application, even though it is about $400 more money. The reason was, is you probably won't have as much lattitude as you would in a motion to re-open. Whatever would happen, she said you would need to file quickly (within 30 days of the denial), since doing so will avoid them putting you in to removal proceedings.

If you were denied for some other reason, perhaps one of the answers you checked on the I-485 that would make you ineligable, then it might not be possible (or if you weren't married within 90 days, but you said you have this covered so no worries there). But again, it all depends on the reason.

I'm not recommending any course for you, but just wanted to share what the officer told us at our infopass apointment. From what I understood from the immigration officer, you should be able to refile immediately if it was a technicality and not a reason that would make your permanently ineligible. I am sorry to hear of your situation, keep your head up and hopefully all will go through!

[Harpa Timsah 13,258]

Look...

1. Any of the reasons listed above would result first in a RFE. Failure to properly respond to a RFE is a common reason for denial. But, the OP said they got no RFEs. So, that is not the reason.

2. Bad fingerprints do not lead to denial. If, after the second round, they still do not have good prints, they would send out a RFE for a police cert from the US. That did not happen, so that is not the reason.

The OP has not yet had an interview, so anything about bona fide marriage is not even yet in play. Any denial at this point would be procedural. Or, the OP is a criminal or has been banned from the US prior, or is already married or something in the background check does not fit (pretty rare chance since the OP obtained a K01 visa, and these problems should be vetted before). A procedural problem is more likely.

The OP has stated that they filed, and got 2 biometrics appointments, and nothing else happened. There is no way to know what the problem is. Mail problems are a good guess, but the OP refuses to wait on hold to speak to someone to get some information.

[hakunamatata 1]

FYI I actually asked about this at an infopass appointment, what happens on a K1 AOS denial.

The officer told me as follows:

It depends on the denial reason. One of the main causes for denial of AOS from a K1 entry and marriage is I-864 documentation problems. If that was the reason for your denial, or a simple case of missing vital documentation, the IO told me we should be to either file the motion to re-open or refile the I-485. She recommended filing a whole new I-485 application, even though it is about $400 more money. The reason was, is you probably won't have as much lattitude as you would in a motion to re-open. Whatever would happen, she said you would need to file quickly (within 30 days of the denial), since doing so will avoid them putting you in to removal proceedings.

If you were denied for some other reason, perhaps one of the answers you checked on the I-485 that would make you ineligable, then it might not be possible (or if you weren't married within 90 days, but you said you have this covered so no worries there). But again, it all depends on the reason.

I'm not recommending any course for you, but just wanted to share what the officer told us at our infopass apointment. From what I understood from the immigration officer, you should be able to refile immediately if it was a technicality and not a reason that would make your permanently ineligible. I am sorry to hear of your situation, keep your head up and hopefully all will go through!

i dont have any criminal records or anything like that.. it could be other documents.. im thinking about the income tax return.. we filed it in april this year but the ITR we sent to them is for 2011 coz my husband has not filed his tax for 2012 yet when we sent the documents. my husband said that was fine coz there's an extension for tax filing he said uscis would think he would be using the extension.lol

im always checking on our mailbox.cant wait to see the reason for denial and do necessary actions right away.

thank you for the info u shared.

[Darnell 8,479]

Ya, I truly not understand why the OP not use a telephone, get an ISO, and find out about returned mail pieces.

For no other reason, to 'tick off' that possibility. IMO, I'm leaning towards an RFE sent out 2 months ago with no response. No Response? Automatic denial. Even then, this can be fixed, via an ISO re-doing stuff. But an ISO must be contacted, a telephone must be used.

<EOM>

[didopage 337]

Mail problems are a good guess, but the OP refuses to wait on hold to speak to someone to get some information.

Ya, I truly not understand why the OP not use a telephone, get an ISO, and find out about returned mail pieces.

Is the USCIS line same as DOS? Meaning that it's ringing (kind of their waiting music) and we need to wait 5/15/30 min or whatever until someone picks up?

If that's the case, I have a feeling the OP doesn't know that (and I guess it's not a matter of refusing to wait or not knowing how to use a phone).

[da c family 1]

Hi!

it is really stressful when you figure it out that your application is denied... we got denied too & we apply for Motion to Re open our case it cost $630 i think... Good Luck!

[missphilly 1]

hi has anybody here had experienced the denial of I485 together with the EAD? I had been waiting for my green card and EAD to be in my hands anytime this month or next month coz i never thought they'd be denied. i dont know the reason yet for the denial but i've called the USCIS but the three people ive talked to said they did not have an access to the letter so i just have to wait for the letter which im expecting to receive anytime this week. I havent told my husband yet about this and i know he will be so frustrated about this. i was gonna freak out and couldnt believe at first when i read the status check online...but oh my.. what can i do.. i was thinking that was just a dream.. that i havent checked it yet and my green card and EAD is soon to come. lol..

i have not had interview..didnt receive any letter for that though. i had my 2 biometrics since they sent me another appointment letter after the first biometrics i had. i had my biometrics june 19 and july 16,2012.

what shall i do?.. i dont wanna be deported.. will i be?.. is the denial of AOS always have a second chance?like to appeal or send another or new I485 application?... i dont know what to do. ill just keep on praying everything will be fine soon.

another thing is if we file for another I485 would the processing time which supposedly should be 3-6mos to receive the permanent residency would take longer?since it's second filing?

i am convincing myself.. this is nothing and can be solved.. everything will be fine. hakuna matata.

and by the way.. i came to the US under k1 visa.

thanks in advance for the response.

Sorry to hear that

ADJUSTMENT OF STATUS

Filing date: April 23, 2011

I-485 Biometrics Appt Date: May 16,2011

I-485 Approval Date:June 26 , 2011

I-485 Approved: Approved

Green Card received Date: August 04,2011

[hakunamatata 1]

Hi!

it is really stressful when you figure it out that your application is denied... we got denied too & we apply for Motion to Re open our case it cost $630 i think... Good Luck!

when did it happen? is ur application ok now? coz ive heard refilling is better than MTR?...

[hakunamatata 1]

Sorry to hear that

ADJUSTMENT OF STATUS

Filing date: April 23, 2011

I-485 Biometrics Appt Date: May 16,2011

I-485 Approval Date:June 26 , 2011

I-485 Approved: Approved

Green Card received Date: August 04,2011

thanks.

wow ur processing time was pretty fast. hope mine would be that fast too on my second application.

and i should get it APPROVED!

Edited September 5, 2012 by hakunamatata

[djricky4 67]

This is really stressful. I'm sorry to hear and im wishing for the best outcome.

[Xanax 349]

ok thanks.

do u guys know anybody with this case too?what did they do? how did it go? did it end up well?

No , sorry I do not know anyone who went through this.

I wish you luck though.

Wait for the denial letter and or call (calling is probably the best as many have said) and go from there.

Try not to stress about things you can't change at the moment.