How do I get access to my AOS file that I submitted to USCIS?

[TariesL 0]

Hi,

I figured I would post this here quickly as it is the most likely place, that others have been in the same situation.

With my marriage, I adjusted from VWP. We sent off a pretty hefty file to USCIS, that contained all paperwork, and most importantly, all evidence.

Due to filing an I-360, this file has a lot of evidence that would definitely come in handy when submitted my I-360. I have a good amount of evidence already of the bona fide relationship - but this file has the most prominent evidence, of which I don't have. I heard mumblings, that I might be able to get copies of everything that was filed with USCIS. Is this true? And if so, does anyone know how I would go about it, as the internet isn't turning up much information with my searching!

Thanks!

[Boiler 46,362]

They say to never assume you can gt anything back, it will be on your file but I have never heard of anybody getting copies.

[Villanelle 4,122]

You never hear about it because hardly anybody does it.

Basically you fill out the official request form. You need to be very specific of what you want back. Cant just say bonafide evidence I sent in. You have to be like 4 vacation pictures of us on the beach, 6 wedding photos, 17 emails, 2 cable bills from X company, letter from neighbor Mr Jones at X address.

If you send it by mail you have to get it notarized. If you bring it by person to infopass they will check your ID. You need 2 forms of ID

The form is a bit excessive in ID verification asking for personal info in addition to wanting exact info on what you sent and want back, name DOB, place of birth, A#, last entry to the US etc also.

They have the right to ask for more ID or ask specific questions about what you are wanting back. They can call you in for an in person interview. They warn you sternly if you misrepresent during this request you will be in SERIOUS trouble. Denial of future benefits or loss of current benefits. They will not hesitate to prosecute you civilly or criminally.

They take this very seriously. When you send them stuff- they are like that little goblin thing with the ring- mine mine mine and dont like to give it back.

So most people dont bother because the average wait time to get papers back is around 3-6 MONTHS. Usually they can replace their originals faster from the direct source then waiting on USCIS. Like a birth certificate or something like that.

But here is the link. http://www.uscis.gov/g-884

[Hypnos 6,578]

In addition to capri's excellent advice above, you can also file a Freedom of Information Act request with USCIS seeking a copy of your alien file.

See http://www.uscis.gov/about-us/freedom-information-and-privacy-act-foia/foia-privacy-act-overview/foiaprivacy-act-overview and http://www.uscis.gov/about-us/freedom-information-and-privacy-act-foia/how-file-foia-privacy-act-request/how-file-foiapa-request and you would file either a track 1 or track 2 request.

Edited June 28, 2014 by Hypnos

[Ontarkie 14,626]

I tried to get some papers back, as I didn't want to try and get new certified copies again from Canada. I sent the request off and the only thing they sent me was pictures stating that they do not return government documents, funny as they weren't US documents they were Canadian.

[melanieuk 19]

I recall reading somewhere that when you file VAWA, they will request previous files from wherever it is that they are while adjudicating your case.

[TariesL 0]

You never hear about it because hardly anybody does it.

Basically you fill out the official request form. You need to be very specific of what you want back. Cant just say bonafide evidence I sent in. You have to be like 4 vacation pictures of us on the beach, 6 wedding photos, 17 emails, 2 cable bills from X company, letter from neighbor Mr Jones at X address.

If you send it by mail you have to get it notarized. If you bring it by person to infopass they will check your ID. You need 2 forms of ID

The form is a bit excessive in ID verification asking for personal info in addition to wanting exact info on what you sent and want back, name DOB, place of birth, A#, last entry to the US etc also.

They have the right to ask for more ID or ask specific questions about what you are wanting back. They can call you in for an in person interview. They warn you sternly if you misrepresent during this request you will be in SERIOUS trouble. Denial of future benefits or loss of current benefits. They will not hesitate to prosecute you civilly or criminally.

They take this very seriously. When you send them stuff- they are like that little goblin thing with the ring- mine mine mine and dont like to give it back.

So most people dont bother because the average wait time to get papers back is around 3-6 MONTHS. Usually they can replace their originals faster from the direct source then waiting on USCIS. Like a birth certificate or something like that.

But here is the link. http://www.uscis.gov/g-884

Thank you for the huge amount of information! I didn't realise how much trouble it would be to go through to get any of the info back.

In addition to capri's excellent advice above, you can also file a Freedom of Information Act request with USCIS seeking a copy of your alien file.

See http://www.uscis.gov/about-us/freedom-information-and-privacy-act-foia/foia-privacy-act-overview/foiaprivacy-act-overview and http://www.uscis.gov/about-us/freedom-information-and-privacy-act-foia/how-file-foia-privacy-act-request/how-file-foiapa-request and you would file either a track 1 or track 2 request.

Thanks Hypnos! It seems like this might be the best way forward. The couple of things I would really like to get hold of is a copy of our old lease together, and the affidavits from her parents. these are things I can't get a hold of it seems any other way, and would be a huge help.

I tried to get some papers back, as I didn't want to try and get new certified copies again from Canada. I sent the request off and the only thing they sent me was pictures stating that they do not return government documents, funny as they weren't US documents they were Canadian.

Ah I'm sorry they didn't give you what you wanted! Luckily I still have all of the pictures on my laptop, so pictures are the thing I have in abundance! And I still have all the copies of our passports and birth certificates from when they were originally scanned in and saved on my PC. For the life of me, I can't believe I didn't save a third copy of everything on to my PC! Lesson learnt I guess!

I recall reading somewhere that when you file VAWA, they will request previous files from wherever it is that they are while adjudicating your case.

This would be a helpful thing to be able to mention in my file. Does any one have any further info on this at all?

[Hypnos 6,578]

USCIS will usually review a beneficiary's existing A-file (if one exists) before granting any benefit, but that's really for their benefit and not yours.

I think trying to obtain a complete copy of your A-file through a FOIA request will be the way to go, although this will likely take a few months.

Edited July 1, 2014 by Hypnos

[Fan_Dancer 171]

I think they should still be on file. I was amazed to see how thick my file is (about 2 inches) at my AOS interview, and I was duly adjusting from a K1, and had not sent much in terms of evidence.

[TariesL 0]

Hey again!

So I'm trying to get this ready to send out, Im going to send out for FOIA and hope for the best and see if they send anything whilst I'm preparing the final parts of my VAWA.

On the USCIS website, it says all requests must be made in writing.

Has anyone done this? Is there a standardised letter anywhere around that I can use, to make sure I have everything in one letter that I need to mention for FOIA - I just want to make sure I stand the best chance possible at getting some copies back!!!

Thanks!!

[Sandra G. 5,079]

FOIA is just to obtain copies from the U.S. Department of State (DOS) , Immigration and Customs Enforcement (ICE) or Customs and Border Protection (CBP).They will not mail you copies of the documents received by USCIS.

[TariesL 0]

So I can't use FOIA to get copies of my documents sent to USCIS??

Jeez!! Why is absolutely nothing easy about this at all. It seems that every single avenue I need to go down is blocked by insanely large hurdles!

I just want copies of a couple of the documents to help with my VAWA case!!

Is there absolutely anything at all I can do to get these??

So confused!

[Merrytooth 5,748]

Sorry, you are supposed to keep a copy of all the immigration forms for yourself.

[TariesL 0]

Sorry, you are supposed to keep a copy of all the immigration forms for yourself.

I made three copies of my entire file before sending it off. Unfortunately when my wife kicked me out of our apartment, she also stole all of my documents, including all the copies of the package we had sent.

Hence why I am now trying to get copies, as she doesn't appear to be in the kind of mood to just, give them back to me

[Merrytooth 5,748]

Maybe you could try sending this form too

G-884, Return of Original Documents

http://www.uscis.gov/g-884