Filing AOS again (merged)

[kleenex 2]

I entered the US on K1 visa on April 6th, 2017. My then fiancé and I got married May 17th (within the timeframe). I filed my application for work employment and AOS which was received by USCIS June 9th. 

July 20th I submitted my fingerprints. September 27th I expedited request for a work permit under the severe financial loss category and faxed a proof of my husband’s offer letter stating that he is going from full time to part time. In the meantime we moved from Maryland to California and I updated my address too. 

October 26th they requested affidavit of support and tax return for 2016 (we mailed this with the application, so I assume it probably got lost in the process). We provided all the missing documents and November 7th they mailed a notice both of my cases are denied! I have not received an actual mail yet so I do not know the reasons! What could have possibly went wrong. We filed applications before and our k1 was approved quickly. What do I do now? Please, anyone had a similar thing happen? 

 

Also, I was a student here before but I NEVER overstayed any visa in the past. I don’t have any criminal record or any communicable disease that would deem me inadmissible. 

 

 

Edited November 10, 2017 by kleenex

[DrEllaNJ 288]

it's hard to say what went wrong without knowing the reasons, it could be a mistake on their part. Do you have proof that you mailed the "missing" documents (certified mail receipt) and did you see whether they received the RFE response?

 

Oh and they won't remove you immediately. Worst case you can file again (but that would suck as you'd have to pay the fees again). Wait a few more days until the letter comes in, it should spell out what was wrong with the application.

Edited November 10, 2017 by DrEllaNJ

[kleenex 2]

Thank you so much for your answer! I do have the certified mail receipt for having mailed missing documents. I am waiting for the notice to come in the mail - it is so stresfful because I have no clue what could have gone wrong.  

[Georgia16 2,858]

You say both cases are denied. You have 3 EAD, AP and AOS so which one is still alive and are you sure it's not just the expedite request they have denied?

[kleenex 2]

To be honest, I am extremely confused. I also thought perhaps it is only the expedited request that got denied. However when I check both of my receipts (I765 and I485h show denied as a status. The thing is when they requested missing documents (affidavit and tax return) theh told me it was for I485 since they cannot decide the work permit without deciding on AOS  first. 

[Georgia16 2,858]

2 minutes ago, kleenex said:

To be honest, I am extremely confused. I also thought perhaps it is only the expedited request that got denied. However when I check both of my receipts (I765 and I485h show denied as a status. The thing is when they requested missing documents (affidavit and tax return) theh told me it was for I485 since they cannot decide the work permit without deciding on AOS  first. 

Did your tracking show they got the documents?

[Suss&Camm 2,213]

7 minutes ago, kleenex said:

To be honest, I am extremely confused. I also thought perhaps it is only the expedited request that got denied. However when I check both of my receipts (I765 and I485h show denied as a status. The thing is when they requested missing documents (affidavit and tax return) theh told me it was for I485 since they cannot decide the work permit without deciding on AOS  first. 

Edited post: I can't read lol

You DID mention an rfe in your original post. If you didn't give them what they asked for,  that could be a reason for the denial.

Edited November 10, 2017 by Suss&Camm

[Georgia16 2,858]

Just now, Suss&Camm said:

You didn't mention an rfe in your original post. If you didn't give them what they asked for,  that could be a reason for the denial.

She did 

 

"October 26th they requested affidavit of support and tax return for 2016 (we mailed this with the application, so I assume it probably got lost in the process). We provided all the missing documents and November 7th they mailed a notice both of my cases are denied! "

 

But when looking at the dates it can't be because they haven't responded since it hasn't even been a month since they got the RFE October 26

[Suss&Camm 2,213]

1 minute ago, Georgia16 said:

She did 

 

"October 26th they requested affidavit of support and tax return for 2016 (we mailed this with the application, so I assume it probably got lost in the process). We provided all the missing documents and November 7th they mailed a notice both of my cases are denied! "

 

But when looking at the dates it can't be because they haven't responded since it hasn't even been a month since they got the RFE October 26

Yes - see my edit

[Suss&Camm 2,213]

No, not because they didn't respond... but could be that they didn't give them what they asked for.

Edited November 10, 2017 by Suss&Camm

[Georgia16 2,858]

4 minutes ago, Suss&Camm said:

No, not because they didn't respond... but could be that they didn't give them what they asked for.

Yeah thats true.

 

 

[kleenex 2]

Thank you for your replies. We mailed the affidavit and most recent tax return within two days of the request. I have called multiple times and asked if there is anything else missing - they told me that my application was complete and the uscis should have already made the decision. Problem with the customer service is that they don’t really seem to have an accurate answers to specific cases. They give very generic answers. 

However, they did mention that it takes couple of days for them to actually receive the mailed documents and update them in the system so perhaps they just made my decision based on incomplete application (if the documents weren’t updated in the system).

 

neevertheless, they state that deadline for having the missing documents is January, 2018 so I cannot understand why would they just deny it Prior to deadline. 

Edited November 10, 2017 by kleenex

[Georgia16 2,858]

Just now, kleenex said:

Thank you for your replies. We mailed the affidavit and most recent tax return within two days of the request. I have called multiple times and asked if there is anything else missing - they told me that my application was complete and the uscis should have already made the decision. Problem with the customer service is that they don’t really seem to have an accurate answers to specific cases. They give very generic answers. 

And they didn't ask for any other proof of income then tax return from 2016? 

 

Well all you can do is wait for the letter and see what it says. 

 

Start gathering for a new AOS package and make sure everything is in there before you file it again.

[Suss&Camm 2,213]

1 minute ago, kleenex said:

Thank you for your replies. We mailed the affidavit and most recent tax return within two days of the request. I have called multiple times and asked if there is anything else missing - they told me that my application was complete and the uscis should have already made the decision. Problem with the customer service is that they don’t really seem to have an accurate answers to specific cases. They give very generic answers. 

What exactly was their issue in the rfe and what exactly did you send in response (all documents)?

[GreatDane 366]

Wait for the denial to find out why but be prepared to apply again. You'll have to pay the fee again, too, unfortunately.

 

I'm wondering if something was wrong with the 2016 taxes? You didn't file as married or something, right?