AOS Denied on spurious grounds

[Leatherneck 693]

Here's what the Ombudsman said.

When an application is submitted to USCIS, it follows a certain pathway with different offices serving different functions. The I-485 is receipted in at the Lockbox. The Lockbox primarily checks for signatures, correct fees, and visa availability. The Lockbox is run by contractors who are not trained in immigration law. If the case is accepted for processing, it will be routed to the National Benefits Center (NBC), which prepares the file for interview. The NBC will initiate background checks and do a preliminary review of the file. The responsibility for ultimate adjudication, however, rests with the field office. So, it can be months after submission that an applicant is informed that he or she is not eligible for the benefit sought.

showing the NBC is resposible for preparing the file for interview by doing background checks and a preliminary review...It is at the stage the process should have halted and returned according to the adjudicator who is the one that noticed it was submitted before the marriage.

OP, realize that files have made it past

• the lockbox
• NBC
• the field office/adjudication
• NVC

then only at the various embassies have mistakes been caught a -- it happens.

[Ketsuban 1,034]

Here's what the Ombudsman said.

When an application is submitted to USCIS, it follows a certain pathway with different offices serving different functions. The I-485 is receipted in at the Lockbox. The Lockbox primarily checks for signatures, correct fees, and visa availability. The Lockbox is run by contractors who are not trained in immigration law. If the case is accepted for processing, it will be routed to the National Benefits Center (NBC), which prepares the file for interview. The NBC will initiate background checks and do a preliminary review of the file. The responsibility for ultimate adjudication, however, rests with the field office. So, it can be months after submission that an applicant is informed that he or she is not eligible for the benefit sought.

showing the NBC is resposible for preparing the file for interview by doing background checks and a preliminary review...It is at the stage the process should have halted and returned according to the adjudicator who is the one that noticed it was submitted before the marriage.

You are misunderstanding still. When a file arrives at NBC from the lockbox, it is not immediately reviewed. It is added to a pile of other people's files and is not looked at for months. After those months, the initial checks begin, and that is where they realised you were not at all eligible to file for AOS. You won't be refunded because they did what you paid them to do - to adjudicate your file.

Even then, they are not there to check everything. That is what the field office does as you have found out.

Edited April 9, 2014 by Ketsuban

[ChicagoSarah 127]

You people are being extremly harsh I admit in hindsight the fault was mine in submitting early but the USCIS should have not start processing it and sent it back to us with the fee, my covering letter states I am sending a head of time....DUH!!!!!! so they are as just to much to blame, end of story

Sorry you think we're being harsh. We are all trying to help you understand the situation and prevent you from pursuing an appeal that will never happen. You presented the situation and asked for help and opinions which is what you received.

This is a free site, and you can take or ignore any advice you wish.

[bryane1 7]

Sorry you are not understanding Uscis has had this since dec 11 2013 you would think somewhere in the food chain it would have been picked up ...not at the winning post as the adjucator said....I thank you people for your contribution but this is the end of the story my journey to get this far has been a hard couple years and that's been enough...I thought we were on this site to inform and learn and pass on our experiences not vilify each other

[christeen 966]

Yes, and you passed on valuable lessons to others in that everyone should review the requirements thoroughly for what they are applying for and be sure they meet all the qualifications before sending in an application... This site is about teaching others based on our own mistakes and successes. I say one your error, reapply now that you qualify and move forward. Trying to get an admission of guilt from the is government agency is a futile cause... Own your error, correct it and get AOS'd ... And thanks for sharing an important lesson with other members..

[bryane1 7]

Thank you Christeen for your understanding

[Al422 221]

Morally, you may be right that you were not being fairly treated. In fact morally a lot of the process is wrong.

But morals don't win the day here. The rules do, right or wrong, fair or unfair. They followed the rules and you did not. So they won and you lost. If you want to win the game, you have to play by the rules, and you did not.

But you get another round at this. If you follow the rules this time, you will win.

Good luck to you.

[Avery Cates 1,141]

You people are being extremly harsh I admit in hindsight the fault was mine in submitting early but the USCIS should have not start processing it and sent it back to us with the fee, my covering letter states I am sending a head of time....DUH!!!!!! so they are as just to much to blame, end of story

Gotta slow your roll there.

Just because it's not what you want to hear, doesn't mean anyone is being harsh, and doesn't make them not right.

Because they are.

[aaron2020 11,651]

Sorry you are not understanding Uscis has had this since dec 11 2013 you would think somewhere in the food chain it would have been picked up ...not at the winning post as the adjucator said....I thank you people for your contribution but this is the end of the story my journey to get this far has been a hard couple years and that's been enough...I thought we were on this site to inform and learn and pass on our experiences not vilify each other

How are you being vilified? By us telling you that the mistake was yours? No one insulted you. People trying to help you are just stating the fact that you applied mistakenly when you were not qualified and an appeal and fee waiver are not warrentted.

If you want to pursue an appeal and a fee waiver, then do it. People are telling you that USCIS will not care because the mistake was yours.

Don't see how you are being treated harshly or vilified.

[PallasAthena 101]

Thank you Christeen for your understanding

Yes, it's true.. the OP may have made a mistake but I think that it's still worth a shot contacting a senator, congressperson, or ombudsman and recruiting their help - especially if she has been in touch with them. You can bet that she has learned from the mistake but it might not be too late to still get it readjudicated. I have heard of more difficult things being handled by senators and turning out OK in the end.

[Boiler 45,966]

No harm asking, just do not spend it.

[novedsac 355]

This is why it pays to READ THE DIRECTIONS. They are quite clear and there is no mention of needing to include a cover letter. Such things only confuse the recipient who follows a well established flow of protocol and procedure. I'm betting it got held up at NBC because they were scratching their heads trying to understand what it was, finally giving up and sending it to the field office to figure it out. They probably don't see too many of these.

I don't understand why nine days wasn't enough time to drop in a copy of the marriage certificate and send it on its appropriate journey.

[novedsac 355]

Hi,

K1 + marriage within 90 days = can file for AOS without an I-130 at any time (even after 90 days and the K-1 is out of status).

K1 + marriage after 90 days = I-130 required when filing for AOS.

So, a person who comes on a K1 and marries after the 90 days can apply to adjust but is required to have an I-130.

With the additional caveat that the K1 beneficiary marries the K1 sponsor. Edited April 10, 2014 by novedsac

[belinda63 3,046]

What I don't think is understood is the process. The case is received and checked for payment and signatures. Then it is sent to the next station where it sits in a box, and it sits, and it sits, no one is looking at it or reviewing it. It is in line to be looked at but for now it is sitting in a box. The person at the national center, who looks at probably hundreds of files a day, saw the address it was being filed from and made a cursory review of the file prior to sending it to the field office. They may or may not have read the cover letter. They may not have cared. They were just making sure it appeared to be complete. Then the file was boxed up and sent to the field office. Where it sat in a box waiting it's turn.

About 90% of the time the file is awaiting adjudication it is just sitting in a box, waiting. No one is looking at it, no one knows about it, no one cares other than you. Maybe you can get them to accept a re-filing without paying again. Doesn't hurt to ask. But please remember, these are paper-pushers you are dealing with. They only care if the proper boxes are checked and the signatures are on the proper lines. They usually don't look at any additional materials until it reaches the actual adjudicator.

[darin&josh 18]

You people are being extremly harsh I admit in hindsight the fault was mine in submitting early but the USCIS should have not start processing it and sent it back to us with the fee, my covering letter states I am sending a head of time....DUH!!!!!! so they are as just to much to blame, end of story

From this point forward, I think you have two options available:

1) Continue an appeal through the Ombudsmen and wait for that process to be completed. While you could be successful and not have to pay the filing fee twice, there is no certainty as to how long that will take or the outcome, and in that time you will not have an ability to work or do all the things necessary to start your new life.

2) Refile now and pay the fee again, but also pursue your appeal at the same time to see if you can have your original payment refunded. While you will be out of pocket for an additional filing fee, the opportunity to work and gain an income will most likely be greater (assuming employment is one of the things you would like to pursue).

Certainly there is no harm to you in seeking to have your original fee refunded, and it would be worth considering some of the suggestions offered, such as getting assistance from your Congressman's office. It would also be great to keep the thread updated on your progress and the outcome either way.

Edited April 10, 2014 by darin&josh