AOS Denied

[Raid123 10]

Hi everyone,

 

I just received a letter that my request for Adjustment of Status has been denies because I did not provide documents they requested in February. However, I never received any letter from them to send the documents (they asked for birth and marriage certificate). It says I should make plans to leave the country as soon as possible since my K-1 visa expired. 

 

What now?

 

Can I reapply and would that mean I am eligible to stay while that process is pending? Do I have to reapply for another Employment Authorization and travel permit since this one is now terminated?

 

Thank

[Transborderwife 4,666]

Yes.  Reapply asap

[KULtoATL 1,551]

Check out these guides to help you with your re-application

 

http://www.visajourney.com/content/k1k3aos

 

http://www.visajourney.com/content/k1aos

 

Make sure you use the latest form and fyi, the current fee is $1140 + $85 biometrics. Good luck!

[pepper44 18]

I used that guideline above and I am a bit upset about it. It doesn't mention in there that each application has to have it's very own set of copies and documents. So I just mailed off my packet for for AOS, EAD and Travel -- but only made one copy of everything but my finance's passport and I did send two sets of passport photos of him. 

 

I did not include my passport photo because it wasn't clear - but apparently you need to send that with your packet. I only put my birth certificate to show I am a US Citizen. 

 

Now I am in fear they will cash my check and reject my petition. I can only wait. They received my packet on Monday and I haven't received a text or email yet. I sent it overnight to the physical location. 

[Suss&Camm 2,213]

1 hour ago, pepper44 said:

I used that guideline above and I am a bit upset about it. It doesn't mention in there that each application has to have it's very own set of copies and documents. So I just mailed off my packet for for AOS, EAD and Travel -- but only made one copy of everything but my finance's passport and I did send two sets of passport photos of him. 

 

I did not include my passport photo because it wasn't clear - but apparently you need to send that with your packet. I only put my birth certificate to show I am a US Citizen. 

 

Now I am in fear they will cash my check and reject my petition. I can only wait. They received my packet on Monday and I haven't received a text or email yet. I sent it overnight to the physical location. 

Well first of all, according to the instructions, you don't have to send more than one copy of things that are requested for more than one of the forms. I didn't and was fine. The problem is that USCIS sometimes mess up and papers get lost or not copied properly when the forms are separated. Because of this a lot of ppl send the extra papers just to make sure. 

Secondly, no matter what you read on visajourney your petition is your responsibility so it's always good to double check what you read. Sometimes instructions change and vj isn't updated etc. 

Thirdly, the USC does not need to send any photos of themselves.

And finally if your packet is rejected your check won't be cashed. In that scenario everything will just be returned to you, but nothing you have written would result in a rejected package. It can take up to two weeks to hear smth back. So hang in there. There is a lot more waiting ahead

Good luck to you and the OP who I think got good advice above to reapply asap.

Edited April 7, 2017 by Suss&Camm

[Raid123 10]

UPDATE:

 

We hired a lawyer (we are in New York City) and she recommended to file a motion since it takes less time, it's cheaper and since it is a technical error the chance they won't accept it is very low. However, before doing that, she said she will go to their office in person and talk to them and try to make them reopen the case without filling a motion. That was yesterday and an hour later an immigration officer called us and said they will reopen the case without filling a motion, he just want both of us to come for an interview with the original documents they previously requested. 

 

So I am very happy with the outcome and what this lawyer managed to do for us. It cost us $2,000, but at least we don't have to go through some additional legal process.

[Dublindave 52]

3 hours ago, Raid123 said:

UPDATE:

 

We hired a lawyer (we are in New York City) and she recommended to file a motion since it takes less time, it's cheaper and since it is a technical error the chance they won't accept it is very low. However, before doing that, she said she will go to their office in person and talk to them and try to make them reopen the case without filling a motion. That was yesterday and an hour later an immigration officer called us and said they will reopen the case without filling a motion, he just want both of us to come for an interview with the original documents they previously requested. 

 

So I am very happy with the outcome and what this lawyer managed to do for us. It cost us $2,000, but at least we don't have to go through some additional legal process.

 

 

That is one cool Lawyer hahah happy for you guys.

Edited April 14, 2017 by Dublindave

[narakthisud 174]

On 4/7/2017 at 0:12 AM, Suss&Camm said:

your petition is your responsibility

Amen! VisaJourney is an incredible free resource for immigration questions. That being said, the applicant/sponsor/beneficiary is not absolved from needing to conduct their own due diligence.