AOS denial, what's next to do.

[Hypnos 6,576]

It sounds as though you may have failed to provide the I-864's required supporting documents with your application. 

[Juniper 62]

3 hours ago, Pinkrlion said:

Review your documents again to make sure.  You can file again, but will have to pay again.  If you receive NTA, it is time to get a lawyer.

 

2 hours ago, Hypnos said:

It sounds as though you may have failed to provide the I-864's required supporting documents with your application. 

Looks like USCIS is getting really serious about mistakes made.  To file I-485 again that's another $1225 fee.  You do probably need a meticulous immigration attorney. Not cheap either.  You need to get your next submittal error free and do it soon. Good luck.  

[SalishSea 17,839]

Did you marry within the 90 days on the K-1?  How long after did you submit the AOS forms and supporting documentation?  Did you receive notice that they were received and did you attend a biometrics appointment?

[Jojo-seedorf 0]

4 hours ago, Pinkrlion said:

Review your documents again to make sure.  You can file again, but will have to pay again.  If you receive NTA, it is time to get a lawyer.

Pls what is NTA?

[SalishSea 17,839]

Just now, Jojo-seedorf said:

Pls what is NTA?

Notice to Appear, for immigration court.

[Jojo-seedorf 0]

Just now, Jorgedig said:

Notice to Appear, for immigration court.

No i didn't receive that.

[Jojo-seedorf 0]

31 minutes ago, Jorgedig said:

Did you marry within the 90 days on the K-1?  How long after did you submit the AOS forms and supporting documentation?  Did you receive notice that they were received and did you attend a biometrics appointment?

Yes i got married within the 90 days on the K-1. 

 

I submitted the AOS more than a month after we got married.

 

Yes i received a notice that they have received it and i attended biometrics appointment.

[SalishSea 17,839]

Just now, Jojo-seedorf said:

Yes i got married within the 90 days on the K-1. 

 

I submitted the AOS more than a month after we got married.

 

Yes i received a notice that they have received it and i attended biometrics appointment.

Ah, okay.....   then what did your status on the website say after that.....”ready to schedule interview” maybe?   

 

I wonder if their action comes from missing mail/notification.  Since all K-1 AOS applicants are now interviewed, it seems odd to be rejected outright without an interview.

[Going through 5,671]

21 minutes ago, Jojo-seedorf said:

Yes i got married within the 90 days on the K-1. 

 

I submitted the AOS more than a month after we got married.

 

Yes i received a notice that they have received it and i attended biometrics appointment.

If you can, please least ALL the documents/evidence you sent with your AOS?

[Going through 5,671]

34 minutes ago, Jorgedig said:

Ah, okay.....   then what did your status on the website say after that.....”ready to schedule interview” maybe?   

 

I wonder if their action comes from missing mail/notification.  Since all K-1 AOS applicants are now interviewed, it seems odd to be rejected outright without an interview.

Unfortunately, IO's can now at their discretion under updated 2018 policy guidelines deny AOS applications that weren't sent with all required initial evidence without sending a RFE first.

 

I don't think It's overly common yet, but it can happen...one of the mentioned examples in the guidelines being an incomplete i-864.  OP said the i-864 was submitted, but has yet to confirm if the supporting required documents were sent along with that i-864.

 

Thankfully a fresh i-485 can be filed, but he should get on it right away...

 

 

Edited April 23, 2019 by Going through

[SalishSea 17,839]

4 minutes ago, Going through said:

Unfortunately, IO's can now at their discretion under updated 2018 policy guidelines deny AOS applications that weren't sent with all required initial evidence without sending a RFE first.

 

I don't think It's overly common yet, but it can happen...one of the mentioned examples in the guidelines being an incomplete i-864.  OP said the i-864 was submitted, but has yet to confirm if the supporting required documents were sent along with that i-864.

 

Thankfully a fresh i-485 can be filed, but he should get on it right away...

 

 

Ah, of course, I read all about that last September.   If that is in fact what has happened here, it will be the first case I’ve seen where the updated policy was applied.

[Going through 5,671]

1 minute ago, Jorgedig said:

Ah, of course, I read all about that last September.   If that is in fact what has happened here, it will be the first case I’ve seen where the updated policy was applied.

There's been a few VJ members (I remember 2 so far that I've seen, I think I vaguely recall a 3rd) who've reported being in the same boat as the OP with an outright denial/no RFE sent---if that's the boat he's in.  All of them were advised to refile immediately.  I don't believe any of them came back to update, or if they did I missed it.

 

 

[SalishSea 17,839]

3 minutes ago, Going through said:

There's been a few VJ members (I remember 2 so far that I've seen, I think I vaguely recall a 3rd) who've reported being in the same boat as the OP with an outright denial/no RFE sent---if that's the boat he's in.  All of them were advised to refile immediately.  I don't believe any of them came back to update, or if they did I missed it.

 

 

Are those specific cases you’re mentioning just for AOS, or for petitions for visas also?

[Going through 5,671]

3 minutes ago, Jorgedig said:

Are those specific cases you’re mentioning just for AOS, or for petitions for visas also?

AOS were the ones I saw specifically.  

 

However, it seems the guidelines "applies to all applications, petitions, and requests, except for Deferred Action for Childhood Arrivals (DACA) adjudications" 

[SalishSea 17,839]

1 minute ago, Going through said:

AOS were the ones I saw specifically.  

 

However, it seems the guidelines "applies to all applications, petitions, and requests, except for Deferred Action for Childhood Arrivals (DACA) adjudications" 

Interesting, as the buzz on these boards back in September seemed so much more focused on immediate rejections of petitions!