Called USCIS, they said my case is denied.HELP

[vendar 4]

Well, I dont have a copy of the RFE letter(as dumb as it is...) because we had to send the RFE letter back with our RFE response. We are really stupid for not taking a copy of it, but we just thought we did the RFE correctly because we did what the USCIS person said on the phone.

I will have to wait for the denial letter to come in mail ,and then I will know why my case was denied.

If I apply again for AOS, do I have to pay all the fees again?

[Ketsuban 1,034]

If I apply again for AOS, do I have to pay all the fees again?

Unfortunately, yes. You paid for them to process it, and they did. If you choose to file again, you have to pay them to process it again.

[Lynkali 163]

You will have to pay the $985 again, yes. I suspect you won't have to pay the $85 biometrics fee since you did that recently, but someone else can verify that for sure.

I am very sympathetic since I can imagine how frustrated and upset you must be, but like the others here, I would say: don't make any immediate decisions. The problems you're facing can be overcome, you just need to know exactly what it is that went wrong, and do better on the next filing. Wait for the denial letter and explain what it was they said you did wrong.

I am not sure about your overstay -- I suppose like Hypnos says, you may be able to visit the USA on VWP again if you leave very soon, but even then I'm not sure, since you did overstay your I-94. I honestly don't know what happens then, hopefully others will clarify.

Just bear in mind that if you do move back to Finland and you want to bring your husband there, you will have to go through a similar process to bring him to live in Finland. My husband and I considered it (before we decided on the K-1 route) and although the financial requirements are less demanding, it's still a LOT of bureaucratic forms and waiting and sitting around on pins and needles before any legal document is given to him (and requires similar proof of relationship and marriage -- more actually since you'll need an Apostille certificate of marriage which the USA doesn't do automatically). It's also worth considering: does he speak any Finnish? Are there realistic chances of him finding a job there without speaking Finnish? Will you have enough to live on given the high rents and the fact that he won't have KELA or any other health/unemployment benefits for at least 6 months, maybe more? It's not something to jump right into -- it's just as daunting for him to move to Finland as it was for you to come here, and actually even more so given the language barrier for him.

[Harpa Timsah 13,258]

I am sure it stings, but keep in mind as much as possible that it is not personal. I agree that rash decisions shouldn't be made here. For now, you are okay to sit tight and think about things.

Best of luck.

If/when you do refile, please put all the stuff here. The people who answer the phone at USCIS are subcontractors who read from a screen and they are not supposed to give any advice. Furthermore, things can get lost in translation. If you said "taxes" they might have said yes, but in fact it must be a complete tax return which many people don't understand. You can list everything and the people here can go over it with a fine toothed comb and see where stuff is missing.

And always keep copies of things for your records It's good bookkeeping practice for the home.

Edited March 31, 2014 by Harpa Timsah

[vendar 4]

We have copies of everything except for this RFE letter.

My husband has been calling the USCIS just for the reason that he is a native english speaker.

My husband has lived in Finland for one year before and went to a finnish school there, so he knows quite bit of Finnish. His roots here in the US are finnish. Finland is not a new thing for him. We were planning on moving to finland anyway in 2 years. We also do have money saved up so living in Finland should not be a problem.

The thing is that he has one year of school left here, he will graduate in one year in May.

But yes I am not going to make decisions before I get the letter explaining what went wrong.

[vendar 4]

If I apply again for AOS/EAD/AP, are they going to process it just as slowly as every one elses?

Because its kind of hard if I have to wait all over again to even get my work permit..

[vendar 4]

Thanks for helping me though! I am just really upset right now.

Nothing just seems to work out for us, we also had a congressman helping us. And his officer was supposed to call the USCIS today, but when I called the congressmans office, they told me the worker who was taking care of my "case", quit his job today morning... So its juts bad news after bad news.

[Hypnos 6,578]

As stated, rash decisions are rarely a good idea. Wait for the formal denial and see what can be done.

If you choose to reapply it will be a new application, new set of fees, and possibly a new medical if yours is over a year old or you don't have a copy of the medical performed overseas anymore. It will be processed as a new application, which will mean the normal waiting period.

[Harpa Timsah 13,258]

If you have a job now, though, and would lose it because of losing the EAD, you would have a good case for EAD expedite.

[vendar 4]

I dont have a job now, I never received my EAD/AP either.

So yeah, I will see what the reason for denial is, and then see what to do.

Thanks everyone!

[daviddelen 34]

Well you can't keep doing the same thing and expect a different result. Maybe it's time to go back and file your taxes?

[vendar 4]

My husband didnt need to file his taxes in 2012 because he made a very small amount of money because he was in school

Now he filed taxes for 2013 because he did work more so he had to do them!

[Harpa Timsah 13,258]

My husband didnt need to file his taxes in 2012 because he made a very small amount of money because he was in school

Now he filed taxes for 2013 because he did work more so he had to do them!

I hope he included you in his taxes because you will get more money

[Me_Theo 25]

Go in Info pass in your state with your receipt number and any thing you have from USCIS, let someone from info pass help you to fill out the papers again. if you do that, you should not pay money again.Also if you did mistake in first time you will find what was it. Don't do it by yourself .

Good luck.

Edited March 31, 2014 by Me_Theo

[Hypnos 6,578]

USCIS cannot give legal advice, nor will they complete forms for you. She will have to pay the fees again if this application was properly denied; there is no way around that.