K2 Visa - AOS Application Rejected - Need Help Interpreting Letter!!!

[villalst 1]

Hi! I'm currently in the United States on a K2 Visa under my dad who is a K1 holder. We just submitted our AOS Application last week and got it again today with the Form I-797, NOA (Rejection Notice) for the reasons in the picture below. 

 

 

This was the letter received by all K2 Applicants (we are 3), I just want to know if the documents they are asking for such as the I-130, I-140, I - 360, etc are just optional? Also, we didnt recieve any NOA 1 (hard or soft copy)

 

Also, since the first application has been rejected due to outdated forms, do we just change the forms and move on or do we have to make another cover letter when we mail it a 2nd time?

 

All the help is appreciated! Thank you!

[geowrian 22,337]

It looks like you submitted old forms. Always get the latest forms from the USCIS website directly, and verify they are still accepted versions before mailing the packet. The application was rejected, so there won't be any future updates on that filing...when you fix the issues and re-submit, it's a new filing and you'll get the NOA1 at that time.

 

Be sure to mark "Person admitted to the United States as a fiancé(e) or child of a fiancé(e) of a U.S. citizen, Form I-129F (K-1/K-2 Nonimmigrant)" (under Part 2, 1.a.) as the reason for filing. An I-130/I-140/I-360/etc. is not needed so long as the K-1 visa holder married within 90 days of entry.

 

You should check all forms submitted for a newer version + supporting documents, and update the cover letter accordingly. For instance, a version of the I-485 from early this year required a G-325A, but the latest version does not.

[caliliving 606]

Outdated version of the form! Read carefully next time:)

[villalst 1]

Hi Geowrian, 

 

Thank you for the help! My dad and I are going quite crazy with the filing of the AOS. Just to verify the info, as long as the K1 holder and the Petitioner get married within the 90 day period, we (K2 holders) don't need to submit a I-130/I-140/I-360/etc. form anymore as otherwise stated in the rejection letter?

 

Again, thank you very much for the help!  

[milimelo 4,508]

That's correct. 

[geowrian 22,337]

Correct. Well, that and and you must currently be under 21 years old when they accept the AOS application.

[milimelo 4,508]

~ Moved to AOS from K1 visa forum. ~

[villalst 1]

Thank you so much Milimelo, Caliliving and Geowrian. Do we also need to indicate why we are not submitting those forms in the new cover letter? Also, when we received the package with the rejection notice, all the documents were kind of messed up and disarranged. Do we have to re-arrange this to like when we first submitted it?

 

 

Apologies for the many questions. My siblings and dad came to the US recently under the K visas  and the AOS application has really been stressing him out and I just want to be of help. I'm turning 21 in June of next year, so I believe it's a bit crucial for my case as well, and he really doesn't want to delay anything as much as possible  I hope everything turns out okay.

[geowrian 22,337]

10 hours ago, villalst said:

Do we also need to indicate why we are not submitting those forms in the new cover letter? Also, when we received the package with the rejection notice, all the documents were kind of messed up and disarranged. Do we have to re-arrange this to like when we first submitted it?

It's not necessary, but clearly describing your basis for filing for Adjustment Of Status in the cover letter is probably a good idea.

I would suggest reorganizing the files so the poor souls that has to scan them in again and go through them can make sense of it.