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ForeverJune

AOS sent in, but I-131 Advance parole denied

By ForeverJune in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

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ForeverJune Apprentice

ForeverJune   4

Posted
Filed: Lift. Cond. (pnd) Country: Canada
 Timeline
Posted

Hi, 
My name is Elle and my wife and I are a little bit confused.
We filed for permanent residency back in November, along with the Advance parole application to visit a relative living in the Philippines with terminal cancer. The permanent residency application was accepted and is still pending, but the advanced parole application was denied due to insufficient funds. At the time we were sending both applications in November, we were told that it was all one big fee with the I-485 form, so we didn't need to send an addition money form. So when we were denied, we were a little discouraged and have been saving the $575 fee to resubmit the application. 

So I just went to look again on the USCIS website to make sure we weren't missing anything, and it clearly says:
"Note: You do not need to pay an additional fee for Form I-131 if:

  • You are filing Form I-131 Application Type B or D;
  • You filed a Form I-485 with a fee on/after July 30, 2007; and
  • Your Form I-485 is still pending."

I intend to call the helpline to clarify why we were denied when it clearly states this on their website, but the office is closed now, so I figured I'd ask here. 
Does anyone know why we would have been denied for insufficient funds?

 

Thank you

DrEllaNJ Community Regular

DrEllaNJ   288

Posted
Filed: Citizen (apr) Country: Netherlands
 Timeline
Posted

sorry this happened to you, this is clearly a mistake as you don't need a separate fee for I-131. Did you check the box in 1d and add an explanation saying you qualify for AP since you have a pending application for Adjustment of Status?

 

I'd definitely call them. Perhaps ask for a tier 2 (supervisor) and see if you can get it expedited since they made that mistake?

ForeverJune Apprentice

ForeverJune   4

Posted
Filed: Lift. Cond. (pnd) Country: Canada
 Timeline
  • Author
Posted

I did check 1d stating: "I am applying for an Advanced Parole Document to allow me to return to the United States after temporary foreign travel" but I don't see anything where I would have explicitly stated that my Adjustment of Status was pending, because we had sent the I-131 WITH the adjustment of status, so we didn't think we needed to explain that. 

I'll definitely call them tomorrow to clarify and request to speak to a tier 2, and see what they can do. At this point my wife was just going to go without me, but if they can expedite it we'll see.
I'll check with them again tomorrow but I'm not sure if we should send the denial back with a letter explaining the situation too. 

Thank you very much for your help!

Starkilla09 Proficient

Starkilla09   366

Posted
Filed: Citizen (apr) Country: Cameroon
 Timeline
Posted
9 hours ago, ForeverJune said:

I did check 1d stating: "I am applying for an Advanced Parole Document to allow me to return to the United States after temporary foreign travel" but I don't see anything where I would have explicitly stated that my Adjustment of Status was pending, because we had sent the I-131 WITH the adjustment of status, so we didn't think we needed to explain that. 

I'll definitely call them tomorrow to clarify and request to speak to a tier 2, and see what they can do. At this point my wife was just going to go without me, but if they can expedite it we'll see.
I'll check with them again tomorrow but I'm not sure if we should send the denial back with a letter explaining the situation too. 

Thank you very much for your help!

You can also schedule an info pass appointment and request an emergency advance parole. Try to take documentary evidence there in person.

Adjustment of Status From F-1 Visa.

8/14/2014: Mailed AOS package: I-130, I-485, I-765.

8/18/2014: Accepted in Chicago. Transferred to Nebraska Service Center.

8/21/2014: Received NOA 1. I-130, I-485, I-765 in mail.

8/25/2014: Received biometrics in mail. Scheduled for 9/8/2014

9/24/2014: EAD approved. 36 Days!

10/01/2014: EAD mailed.

10/03/2014: Received EAD card.

10/14/2014: I-485 moved to testing and interview.

1/28/2015: Interview scheduled for 3/4/2015.

1/31/2015: Received interview notice.

3/4/2015: Interview completed and APPROVED!

3/5/2015: Welcome notice mailed and I-130 Approved.

3/10/2015: Welcome notice and I-130 approval notice received.

3/12/2015: Green card mailed.

3/14/2015: Green card delivered.

Removal of Conditions: 

12/14/2016: Mailed I-751.

12/19/2016: NOA issued.

01/26/2017: Biometrics.

05/03/2018: I-751 transfered to NBC.

02/27/2019: Joint I-751/N-400 Interview.

05/14/2019: I-751 APPROVED.

Naturalization:

12/02/2017: Mailed N 400 to Phoenix, AZ Lockbox. (I-751 still pending)

12/05/2017: Package delivered in Phoenix, AZ. Transferred to Harrisonburg Processing Center.

12/07/2017: Notice of action issued. (IOE)

12/26/2017: Biometrics.

01/23/2019: Interview Scheduled for 2/27/2019.

02/27/2019: Joint I-751/N-400 interview. N-400 recommended for approval.

05/16/2019: N-400 APPROVED! Placed in line for oath ceremony.

05/17/2019: Oath ceremony notice mailed.

06/12/2019: Swearing in Ceremony! Finally a U.S. citizen!

 

 

 

 

 

 

 

Suss&Camm Experienced

Suss&Camm   2,213

Posted
Filed: Lift. Cond. (apr) Country: Sweden
 Timeline
Posted (edited)
2 hours ago, Starkilla09 said:

You can also schedule an info pass appointment and request an emergency advance parole. Try to take documentary evidence there in person.

Second this. You can even walk-in to local USCIS offices for emergency situations. I'd take evidence as mentioned above and also the rfe and a copy of your application to show the mistake made at NBC, and supporting documents for a new application, including i-485 NOA1.

Edited by Suss&Camm

K1 Visa & AOS

Spoiler

2016-03-19         i-129F Sent
2016-03-24         i-129F NOA1
2016-06-14         i-129F NOA2
2016-07-08         NVC Rec'd
2016-07-12         Case #
2016-07-13         NVC Left
2016-07-14         Consulate Rec'd
2016-07-19         Medical
2016-08-11         Interview Date (approved)
2016-09-06         Issued
2016-09-09         Visa In Hand
2016-10-19         POE Dallas Fort-Worth
2016-10-30         Our Halloween Wedding

2016-11-16         AOS package sent (i-485, i-131, i-765, i-864, g-325a, DS-3025)
2016-11-17         AOS package delivered to Chicago lockbox
2016-11-23         NOA1's by e-mail and text (@ 10:30 pm CT)
2016-11-26         NOA1 hard copies
2016-12-03         Biometrics appointment in mail
2016-12-07         Biometrics (Early walk-in Desoto, appointment was for Dec 13th)

2017-02-17         Notice of card in production by email and text (@8:00 am CT, i-765) - Day 92

2017-02-22         Notice of approval by email and text (@1:00 pm CT, i-765 and i-131) - Day 97

2017-02-22         Notice of card being mailed by email and text (@7:00 pm CT, i-765) - Day 97

2017-02-25         EAD/AP combo card arrived in mail - Day 100

2017-03-03         Notice of green card in production by email and text (@4:00 pm CT, i-485) - Day 106

2017-03-03         Notice of approval by email and text (@6:00 pm CT, i-485) - Day 106

2017-03-11          Green card arrived in mail  - Day 113

2018-12-03          First day to file for ROC (i-751)

 

giphy.gif

DrEllaNJ Community Regular

DrEllaNJ   288

Posted
Filed: Citizen (apr) Country: Netherlands
 Timeline
Posted
12 hours ago, ForeverJune said:

I did check 1d stating: "I am applying for an Advanced Parole Document to allow me to return to the United States after temporary foreign travel" but I don't see anything where I would have explicitly stated that my Adjustment of Status was pending, because we had sent the I-131 WITH the adjustment of status, so we didn't think we needed to explain that. 

I'll definitely call them tomorrow to clarify and request to speak to a tier 2, and see what they can do. At this point my wife was just going to go without me, but if they can expedite it we'll see.
I'll check with them again tomorrow but I'm not sure if we should send the denial back with a letter explaining the situation too. 

Thank you very much for your help!

Part 7 says you have to explain how you qualify for AP. However, I still think it's their mistake more than yours.

Second everyone else's recommendations, including the Infopass. Good luck, I hope it works out!

ForeverJune Apprentice

ForeverJune   4

Posted
Filed: Lift. Cond. (pnd) Country: Canada
 Timeline
  • Author
Posted
6 hours ago, DrEllaNJ said:

Part 7 says you have to explain how you qualify for AP. However, I still think it's their mistake more than yours.

Second everyone else's recommendations, including the Infopass. Good luck, I hope it works out!

In terms of part 7 we had written where we wanted to travel and for a family emergency, but on a seperate paper, I wrote out the situation, the dates, etc. 

Thank you very much for your help!

 
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