We received the denial for AOS for a minor

[AlcL 0]

On sept2015 we mailed out all of the Request for initial Evidence on the I-485 for my 6yr old stepson that came witj his dad at the same time as a k1 k2 but on Fen 12, we received a denial letter stating that we did not send out the requested documents in which we did Now I have no clue what else to do cause calling the uscis is no help noy even getting an appointment. We feel hopeless and it doesnt make any sense because he's dad received his green card in October2015" what do you suggest we do in this matter and appeal or motion??

[teeak 224]

Are you sure the RFE was received? Did you send via a service that provides tracking information?

At this point, there's nothing to do but, appeal and reopen the case. Or, you can re-file the I485 for your stepson.

[AlcL 0]

Yes.... It was send by the USPS and i have the tracking number and all. They even cashed the money order that was sent with all the documents

[teeak 224]

Ok, wait. You sent a money order for the Request for Evidence (RFE)? You don't need to submit a payment for an RFE.

Edited February 29, 2016 by teeak

[Ontarkie 14,541]

~~Moved to AOS Family, from General Immigration Discussion - As the OP is asking about and RFE for a K2~~

[AlcL 0]

Yes... They requested $420.00 I invested so much money plus $ 623.00 for I 485 and medical exam $85.00 is too much and now if i do an appeal it would be another $630.00 I truly feel that it was an administrative Error by the uscis

[Hypnos 6,578]

If you sent the RFE response and have the tracking number showing it was delivered, file a motion to re-open/reconsider, since you have proof that the fault lies with USCIS.

If you didn't send the RFE response using a tracking service, assume it was lost in the mail by USPS and that's the reason for your correct denial.

When sending anything to USCIS, always use a service with delivery tracking (USPS Priority, or FedEx/UPS).

[teeak 224]

Yes... They requested $420.00 I invested so much money plus $ 623.00 for I 485 and medical exam $85.00 is too much and now if i do an appeal it would be another $630.00 I truly feel that it was an administrative Error by the uscis

But, that is for the initial AOS petition.

When you submitted the RFE, did you track the documents?

Edited February 29, 2016 by teeak

[AlcL 0]

Yes... I did it was simple documents like marriage certificate, translated birth certificate proof of approved I-129f, I-130 abd I- 131

[Darnell 8,479]

were you required to send in an I-130 ? K-2s rarely need this.

[AlcL 0]

I know but they did

[Hypnos 6,578]

If your tracking on the RFE shows it was delivered (and you sent it to the correct address) then an MTR is the way to go.

[KayDeeCee 4,896]

You don't need an I-130 for a K-2. Who told you to send that? A K-2 AOS fills out the same forms as the K-1 they are a derivative of. Did you mark off C. for Part 2 of the child's I-485? A copy of the I-129F NOA2 approval notice and copy of your marriage certificate is needed for their I-485 too.

[AlcL 0]

Should bI just appeal this and resend all require documents and the $630 money order?

[teeak 224]

Should bI just appeal this and resend all require documents and the $630 money order?

Do you have a receipt stating that the RFE documents were delivered to USCIS?