AOS returned - "Your Priority Date Could Not Be Established"

[gaiaslastlaugh 1]

Hello all - urgent situation I'm trying to figure out here. My wife came in on a K-1 visa, and we were married last month. I sent the AOS request shortly thereafter. I just got it back with the message that "Your priority date could not be established". The document asks us to send in one of a number of forms, including the I-797. Which is the confusing part - I DID send the I-797!! So I can't figure out what USCIS thinks is missing.

One possibility is that I filed for AOS under my wife's married name, while the K-1 was granted (obviously) under her maiden name. Was that a no-no? Should I use her maiden name for the application? What else might I have left out/done wrong here?

[Pitaya 2,577]

Something is certainly amiss. Suggest that you take ALL of your documentation, i.e., copy of your AOS packet, evidence, etc., and make an InfoPass appointment with the Tukwila USCIS office. They have something messed up, and trying to speculate as to what they are talking about, is just that speculation. You need to be proactive and get it straightened out....the sooner, the better.

BTW, the document showing the name change is the copy of the marriage certificate that you included in your AOS application packet.

Report back (hopefully) with good news.

Good luck on your immigration journey.

[gaiaslastlaugh 1]

Thanks for the reply. Yes, I assumed the marriage certificate (I included a certified copy, even) was sufficient proof. It seems like they completely overlooked the I-797.

Unfortunately, the next appointment available with INFOPASS will be when I'm in India on business. I made an appointment, and will see if my mother cn go with my wife to figure out what, exactly, we're missing.

[KayDeeCee 4,893]

Very odd. Priority date for a K-1 adjustment applicant does not matter at all. You checked C. for Part 2 of the I-485?

They either overlooked the fact you are adjusting from a K-1, and/or they misplaced the NOA2 approval notice from the I-129F you included.

If infopass doesn't help, just respond to the RFE with another copy of the NOA2 approval notice for the I-129F, and a statement pointing out to them that you are adjusting from a K-1 visa.

Using the new married name on the AOS forms was the correct thing to do. The marriage certificate that is included is your legal name change documentation, and you want the EAD/AP and green card to come in the married name you will use from now on.

[gaiaslastlaugh 1]

Very odd. Priority date for a K-1 adjustment applicant does not matter at all. You checked C. for Part 2 of the I-485?

They either overlooked the fact you are adjusting from a K-1, and/or they misplaced the NOA2 approval notice from the I-129F you included.

If infopass doesn't help, just respond to the RFE with another copy of the NOA2 approval notice for the I-129F, and a statement pointing out to them that you are adjusting from a K-1 visa.

Using the new married name on the AOS forms was the correct thing to do. The marriage certificate that is included is your legal name change documentation, and you want the EAD/AP and green card to come in the married name you will use from now on.

Thanks for the reply, KayDeeCee. Yep, we checked box C. And we included the marriage certificate; I researched the name issue before we filed, and found exactly what you state here. I think you're right that they just simply overlooked the I-797.

My mom and wife are going to the Tukwila office on the 27th; I made an appointment to file directly with the office. Hopefully they can just verify that everything is in order and take our filing right then and there.

Thanks all! You've made me feel a LOT better.

[Fr8dog 312]

Little piece of advise;

When you (or your wife) go to the office, make a note of the date, time and person you talked to and keep that for your records. If possible try to obtain some sort of receipt (if they tell you they fixed the problem while you are there).

That way at least you have some paper trail if some issue pops up in the future.

Edited April 15, 2016 by Fr8dog

[gaiaslastlaugh 1]

Okay, mystery solved (I think). My mom and my wife went down to INFOPASS in Tukwila and had them review everything. On my cover letter, I stated that this was an "immediate relative" AOS. I got it into my head somewhere that that was the correct terminology to use. It wasn't. It appears whoever received the filing saw that, looked for the key documents for an immediate relative AOS, didn't find them, and returned the entire packet.

I fixed the cover letter to emphasize this was a K-1 AOS, and fixed a few other minor issues (there were a couple forms in which I didn't include my wife's A-number). We re-signed everything and just sent it all back to the Chicago dropbox. Fingers crossed.

[Pitaya 2,577]

Glad that you were able to get that conundrum resolved. Now the waiting begins.

Good luck on your immigration journey.

[KayDeeCee 4,893]

Glad you discovered the issue that was causing you problems. Hopefully your second submission will go smoothly.