AOS Denied on spurious grounds

[bryane1 7]

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.

Because the official certificate was not Available for 20 days

[kzielu 1,149]

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.

Is it ? Wasting people's time for pretty dumb mistake like that ? All it does is increase wait time for others while USCIS is busy responding to something like that....

[bryane1 7]

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.

Sorry I worked in Gov't for 40 years but as the USCIS says...

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.

So someone is responsible to check it??????????????????????????????????????/

Is it ? Wasting people's time for pretty dumb mistake like that ? All it does is increase wait time for others while USCIS is busy responding to something like that....

I did my fair share of waiting for others that at least wee notified of their RFE....something I never got

[ricnally 258]

You would never get just an RFE for something as major as this (not being eligible to file in the first place).

[kitthekat 1,317]

Sorry I worked in Gov't for 40 years but as the USCIS says...

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.

So someone is responsible to check it??????????????????????????????????????/

I did my fair share of waiting for others that at least wee notified of their RFE....something I never got

USCIS never said that the NBC is responsible to check whether you are eligible to file AOS. In fact, in the quote you copied, they clearly said the responsibility for adjudication ultimately rests with the field office, and that can take months: "So, it can be months after submission that an applicant is informed that he or she is not eligible for the benefit sought." Which, as it turned out after 4 months, you weren't.

[aussie_jason 195]

If you sent your I-485 in December then why didn't you get married until February? You should have got married at the courthouse in December, filed your AOS and then in February you could have had your fancy ceremony. That is your $1070 lesson for the day.

[TBoneTX 45,288]

One post has been removed. If you can't contribute meaningfully to the thread, then don't post.

(Moderator hat off)

OP, the previous responses are accurate and appropriate. One of VJ's premier members frequently has said, "Your success throughout the immigration process depends on your ability to read carefully, interpret instructions literally, and respond completely and accurately." As others have said, and as embarrassing as it might be to realize this now, the advice in boldface was not followed. Marriage to the beneficiary is a prerequisite for applying for AOS.

I would swallow hard, reconstruct the AOS package with the valid marriage certificate, and submit it all over again. What you choose to do in regard to the previous payment is your choice, but I personally would not tie up senatorial or congressional staff time with a complaint like this when thousands of other people have unquestionably legitimate issues to confront.

[feli114 65]

I just want to thank whomever created this site. i lived, ate and breated vj from the k1 until AOS and will be full force here again next year for ROC. I do try to pay it forward when i can. If youre not sure of somethin you are doing, there are some awesome people on here to answer your questions. Im sorry this happened to you, but whats done is done and you dont want to delay any longer and run into more problems, which you can read up on. Good luck to you.

[nobbie 105]

I think the OP must have the picture by now and realises they should re submit the AOS package, whether they choose try and get a refund is up to them.

[Penny Lane 8,159]

I did my fair share of waiting for others that at least wee notified of their RFE....something I never got

When missing a major component, you will not get an RFE, you will get a denial. Which is what you got.

An RFE is a request for evidence. There was no evidence for you to provide since you were not married and you needed to be at the time of filing.

Edited April 10, 2014 by Penny Lane

[Teddy B 17,252]

Sorry I worked in Gov't for 40 years but as the USCIS says...

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.

So someone is responsible to check it??????????????????????????????????????/

I did my fair share of waiting for others that at least wee notified of their RFE....something I never got

Please let us know how you make out with your refund request.

[Cori and Rob 55]

OP, I think you also may have misunderstood the timeline on when you have to file for AOS- there really isn't one, although it's a good idea to file soon after marriage so that your spouse can enjoy protected legal status and the ability to work and travel out of the US. I don't need to beat a dead horse- as everyone else aptly pointed out, you made an error in when you chose to file. Since you seem to feel that the government is at fault for cashing your check when you were not eligible, try to get your money back. It certainly can't hurt to try, but if I were you, I would not have high expectations. The government makes rules for a reason, and you didn't follow them. Good luck, and I hope if nothing else, you're able to refile and get the green card soon.

[bryane1 7]

Thank all of you who added a note of humaness to their messages now this is the last word on the subject....I am 77 years old so what the heck you have all had your say so now goodnight and God bless, the subject has been done to death.

Edited April 10, 2014 by bryane1

[Teddy B 17,252]

Thank all of you who added a note of humaness to their messages now this is the last word on the subject....I am 77 years old so what the heck you have all had your say so now goodnight and God bless, the subject has been done to death.

77 years old? No wonder you wanted to file early.

Just kidding.

Good luck to you!

[bryane1 7]

77 years old? No wonder you wanted to file early.

Just kidding.

Good luck to you!

Thanks mate you would think after 50years married first time I would have learnt my lesson...A slow learner eh!