AOS denied!!! Help!!!

[Laurahlover 0]

Hi, as you can read on my signature timeline, we received a 'denied" in the mail the other day!

This really, really sucks! We followed all instructions, did everything by the book and more.

So we thought..... I know now what the problem was. It appears that in the RFE they sended us in september that they asked us for a signed I-864 by the PETITIONER (my wife)as well as the sponsor.

We only filed it filled out by my sponsor, which is my mother in law.

However we did`nt know this.....It`s clear to me now from reading the denial...duh!

We only wished that the RFE was so clear! We all read the RFE several times and weren't sure what they were asking for, we called USCIS and still didn't became much wiser.

My mother in law worked for 40 (!) years for the US government and even she had a hard time understanding what they were asking for.

So, we ended up sending a newly filled out I-864 with even more supporting documents for as far as possible. Because that much we did understand, that it had something to do with the Affadavit.

And now then I got this letter telling me;

'blah..blah....what I did wrong= what I just described....and then here it comes;

Therefore, you are inadmissible and the application is denied.

The decision leaves youwithout lawful immigration status and you are therefore present in the United States in violation of the law.You are required to depart the United States.

Remaining in the US without authorization may effect your ability to return to the United States in the future"

So, what the hell am I suppose to do?

I had jsut started my life here, got a job, pay taxes, got my SS number, got married.

Am I suppose to leave everything behind just like that?...I don`t think so!

Plus I have nothing to return to, since I said my life in Holland goodbye.

I am in contact with a lawyer now and she says that I could re-apply again, cause this will in the end be faster then file a motion to re-open the case.

An appeal I can`t do, the letter says.

Anybody any experiences/thought a :crying: bout this???

Please let me know.

[LaL 418]

i know another member Anastassia was denied for lack of a medical requested on RFE (thought it was only a request of vaccine supplement). She refiled and was approved. You may want to retain a competent attorney, and check out Anastassia's posts.

I am sorry to see this. I hope it works out for you.

Adding Anastassia's link http://www.visajourney.com/forums/index.php?showuser=2121

Edited February 9, 2007 by lal_brandow

[Ladylethal 12]

Wow, if you send back an incomplete RFE they simply deny you?

[makidesuu 0]

I read similar ad in different site and the couple reapplied it. I think your lawyer is right. They could have sent you 1 mail to let you know what they really want before sent you a denial letter. It will be a waste of time for them and you to start over again. When it comes to a denial letter, they work really fast. When it comes to an apply documents, they work really slow.

[Laurahlover 0]

Wow, if you send back an incomplete RFE they simply deny you?

Yes, I was shocked too!....But obviously they do!!

[nathmc31 0]

Hi, as you can read on my signature time line, we received a 'denied" in the mail the other day!

This really, really sucks! We followed all instructions, did everything by the book and more.

So we thought..... I know now what the problem was. It appears that in the RFE they sended us in september that they asked us for a signed I-864 by the PETITIONER (my wife)as well as the sponsor.

We only filed it filled out by my sponsor, which is my mother in law.

However we did`nt know this.....It`s clear to me now from reading the denial...duh!

We only wished that the RFE was so clear! We all read the RFE several times and weren't sure what they were asking for, we called USCIS and still didn't became much wiser.

My mother in law worked for 40 (!) years for the US government and even she had a hard time understanding what they were asking for.

So, we ended up sending a newly filled out I-864 with even more supporting documents for as far as possible. Because that much we did understand, that it had something to do with the Affadavit.

And now then I got this letter telling me;

'blah..blah....what I did wrong= what I just described....and then here it comes;

Therefore, you are inadmissible and the application is denied.

The decision leaves youwithout lawful immigration status and you are therefore present in the United States in violation of the law.You are required to depart the United States.

Remaining in the US without authorization may effect your ability to return to the United States in the future"

So, what the hell am I suppose to do?

I had just started my life here, got a job, pay taxes, got my SS number, got married.

Am I suppose to leave everything behind just like that?...I don`t think so!

Plus I have nothing to return to, since I said my life in Holland goodbye.

I am in contact with a lawyer now and she says that I could re-apply again, cause this will in the end be faster then file a motion to re-open the case.

An appeal I can`t do, the letter says.

Anybody any experiences/thought a :crying: bout this???

Please let me know.

I had the same RFE, I didn't send and affidavit in for my wife because she is a stay at home mom. USCIS are a bunch of A holes. The RFE didn't tell me what they wanted it said heaps of ###### that I had already sent in. I Guessed that it was because I didn't submit the petitioners affidavit only my mother in laws affidavit. I wrote a letter to them explaining that my wife isn't submitting one because its a waist of time etc etc ect......

I then received my interview letter; does this mean that I satisfied the RFE??????

Anyway, if I were you I would refile immediately and write a letter this time explaining why your wife isn't able to compile the affidavit, sent it in with the AOS application. You may even have to do another medical and all that #######.

Anyway good luck.

PS: Dont leave the US, Refile Refile Refile

Edited February 9, 2007 by nathmc31

[rebeccajo 14]

Nathan, please do come back after your interview and let us know how that goes. I'll be interested to see if they hand your wife an I864 at the desk and have her complete it.

To the OP - does your NOID specifically state that the denial is for lack of financial sponsorship?

[Laurahlover 0]

To the OP - does your NOID specifically state that the denial is for lack of financial sponsorship?

Not for lack of sponsorshop, cause we meet the poverty guidelines, but only cause of not filing an affadavit for my wife.

She doesn`t even have a job.so it wouldn`t meet any requirement anyway.

[Killer_Clown_2009 0]

I guess you need to refile it. I'm really, really sorry that this happened to you.

[rebeccajo 14]

I'm sorry to let you know that the left hand column of page two of the I864 clearly states that your wife must complete the I-864 for you even if she does not earn enough money on her own.

Edited February 9, 2007 by rebeccajo

[Rob and Melinda 0]

That is very scary considering I am in the process of filing my wife's AOS. I ddidn;t realize that it was all that complicated. Makes us all want to carefull read and re read all the instructions before filling.

Rob and Melinda

[meauxna 15]

Not for lack of sponsorshop, cause we meet the poverty guidelines, but only cause of not filing an affadavit for my wife.

She doesn`t even have a job.so it wouldn`t meet any requirement anyway.

The job doesn't matter so much, it's not about the Sponsor *just* meeting the requirements. There are other important parts of that contract, which lives for a very long time, that your wife is required to commit to.

No matter the incomes of the Sponsor or Joint Sponsor (or lack therof), the Sponsor/spouse is *always* required to complete I-864 (unless under one of the standard exceptions).

I guess it was denied for not following the directions.

[SC & TF 1]

You should have asked VJ members before sending in your application. It is always better to double check things, even if you think it's right. I hope things work out for you. Good luck.

[lizaanne 0]

I'm sorry to let you know that the left hand column of page two of the I864 clearly states that your wife must complete the I-864 for you even if she does not earn enough money on her own.

Ok - now you have me absolutely petrified!!!!!!!

I just sent back our RFE yesterday. We received it because I filled out an outdated version of the Affidavit of Support. So I got the most current version from the USCIS website, filled it out and sent it in. NO WHERE on the instructions or the form itself does it say that Simon has to sign it or fill anything out - only me (I'm the USC, and the financial sponsor). I looked at "the left hand column of page two of the I-864" and don't see anything that he must fill it out - ONLY the sponsor.

I'm absolutely petrified that I did something wrong and we will be denied too!!!

What am I not getting here?

~Liza

[rebeccajo 14]

Page 2 of the Instructions. Sorry.