AOS denial, what's next to do.

[JFH 12,190]

2 hours ago, Jorgedig said:

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

There was also an I-129F for a UK beneficiary they was denied with no RFE for a missing statement of intent to marry. 

[Dashinka 24,514]

2 hours ago, Jorgedig said:

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

I think it would be pretty much anything sent to USCIS.  I130s, I129Fs, I485 all include a lot of required evidence and the policy change says to reject them outright.  It seemed to be related to people filing placeholders to get a PD, or something like that even though not all the required documents were included.

 

To the OP, check your files, and pull together another package and refile ASAP, that is really your only option.

[Ash.1101 1,756]

3 hours 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.

Agree'd.

So even if the I-864 was sent, if the evidence wasn't there to support it then it gets kicked back without an RFE. The question we've all been wondering is what qualifies as enough evidence to back up the paperwork. We've assumed it was minimal here on VJ, but it would be nice to know exactly what minimal actually means.

This may stop people who don't send tax transcripts or anything like that because they are "waiting to file for X reason". 



@Jojo-seedorf   What EXACTLY did you provide with the I-864? Saying you provided supporting documents does not help us because that can mean anything from one tax return to a full array of proofs. This will help everyone know what is considered enough proof and not enough proof. Did you save a copy of the I-864 to see if maybe you forgot to tick a box or sign something? Left out information you thought wasn't relevant?

Did you send tax transcripts or 1040's with W2's? Did you send just 1040's and no W2's? Did you send bank statements? Employer statements? One year of tax transcripts? Three years?

Does the sponsor actually make enough without a doubt when showing proof? Did you have a cosponsor?



Either way it sounds like you will need to go ahead and re-apply. Make sure you double check EVERYTHING, and make sure you overcompensate for proof.

 

[Ash.1101 1,756]

27 minutes ago, Bill & Katya said:

I think it would be pretty much anything sent to USCIS.  I130s, I129Fs, I485 all include a lot of required evidence and the policy change says to reject them outright.  It seemed to be related to people filing placeholders to get a PD, or something like that even though not all the required documents were included.

 

To the OP, check your files, and pull together another package and refile ASAP, that is really your only option.

Even in general, I've seen plenty of people send off loosey goosey ROC's and AOS's because they figured they would just wait for the RFE and it gave them time. If it was happening on a very small scale of immigrants (VisaJourney) then I'd guess a lot more people were doing it in the long run.


Now we will start finding out what qualifies as having enough evidence, what is enough evidence, and how often are rejects happening when the person can prove they sent everything (ie USCIS lost it, didn't scan it, etc).

[SalishSea 17,839]

1 hour ago, Bill & Katya said:

I think it would be pretty much anything sent to USCIS.  I130s, I129Fs, I485 all include a lot of required evidence and the policy change says to reject them outright.  It seemed to be related to people filing placeholders to get a PD, or something like that even though not all the required documents were included.

 

To the OP, check your files, and pull together another package and refile ASAP, that is really your only option.

Yup, in theory it could be applied to any of those.  I just haven’t noticed many actual cases of that (yet).

[Dashinka 24,514]

45 minutes ago, Ash.1101 said:

Even in general, I've seen plenty of people send off loosey goosey ROC's and AOS's because they figured they would just wait for the RFE and it gave them time. If it was happening on a very small scale of immigrants (VisaJourney) then I'd guess a lot more people were doing it in the long run.


Now we will start finding out what qualifies as having enough evidence, what is enough evidence, and how often are rejects happening when the person can prove they sent everything (ie USCIS lost it, didn't scan it, etc).

Getting a little off topic, but the relationship evidence required by the AOS and ROC is not well defined by USCIS, so theoretically one could submit either with very minimal relationship evidence and it should not trigger an automatic denial, however, if filing an AOS from a K1 and one does not include the marriage certificate, then it should be rejected.

 

In the OPs case, we do not know what triggered the denial other than it is related to the I864.  The I864 has a lot of evidence requirements depending on how a beneficiary's sponsor is meeting the income requirements.  Time for the OP to figure that out and re-apply.

[Marieke H 2,512]

13 hours ago, Jojo-seedorf said:

I included all necessary documents..

You will need to be a lot more specific if you really want people here to help you.

[Ash.1101 1,756]

1 hour ago, Bill & Katya said:

Getting a little off topic, but the relationship evidence required by the AOS and ROC is not well defined by USCIS, so theoretically one could submit either with very minimal relationship evidence and it should not trigger an automatic denial, however, if filing an AOS from a K1 and one does not include the marriage certificate, then it should be rejected.

 

In the OPs case, we do not know what triggered the denial other than it is related to the I864.  The I864 has a lot of evidence requirements depending on how a beneficiary's sponsor is meeting the income requirements.  Time for the OP to figure that out and re-apply.

Looking at the instructions, the only real requirement is the most recent years tax transcript, or return/W2/Schedules. You may provide up to 3 years if you feel that it can strengthen your case, but only the most recent year is required.

But then it mentions you can choose to send off things like bank statements, employment letter, paystubs, etc, if you feel it may help your case.

I'm hoping the OP gives some details as to what they sent.

I'm just very curious to say, if they sent a completed I-864, but then only sent a 1040 with no W2, did that maybe count as an automatic no go because technically the evidence isn't complete. Or as in A LOT of people here, sent in a completed I-864 and then the prior years Tax return because they hadn't filed yet for the most current year. 
Or say they had a joint sponsor, because they didn't make enough BUT didn't include a statement that they weren't legally required to file for taxes, would that no go.


Just verrrry curious on the line of what is and what isn't enough is for this, since this is the first time we're seeing it applied on VJ.

Edited April 23, 2019 by Ash.1101

[George & Roth 1,485]

15 hours ago, Jojo-seedorf said:

I wasn't invited for interview yet. The reason they said is that "I failed to provide a properly completed Form 1-864, Affidavit of support under Section 213A of the Act , and supporting financial documents from the petitioner, being my wife."

So here is you answer. You need to submit the entire package again and also include the i-864 AND all supporting documents. 

 

Maybe you sent the forum in but you did not include the support, such as taxes, income support, etc...

[Ash.1101 1,756]

4 minutes ago, George & Roth said:

So here is you answer. You need to submit the entire package again and also include the i-864 AND all supporting documents. 

 

Maybe you sent the forum in but you did not include the support, such as taxes, income support, etc...

Yeah that's why we've been asking what exactly he sent. He just said he sent it and evidence, but we need a breakdown so we can understand where USCIS is drawing the line as to what constitutes as minimal complete evidence.

[Dashinka 24,514]

37 minutes ago, Ash.1101 said:

Looking at the instructions, the only real requirement is the most recent years tax transcript, or return/W2/Schedules. You may provide up to 3 years if you feel that it can strengthen your case, but only the most recent year is required.

But then it mentions you can choose to send off things like bank statements, employment letter, paystubs, etc, if you feel it may help your case.

I'm hoping the OP gives some details as to what they sent.

I'm just very curious to say, if they sent a completed I-864, but then only sent a 1040 with no W2, did that maybe count as an automatic no go because technically the evidence isn't complete. Or as in A LOT of people here, sent in a completed I-864 and then the prior years Tax return because they hadn't filed yet for the most current year. 
Or say they had a joint sponsor, because they didn't make enough BUT didn't include a statement that they weren't legally required to file for taxes, would that no go.


Just verrrry curious on the line of what is and what isn't enough is for this, since this is the first time we're seeing it applied on VJ.

It is interesting to note that there were a few cases recently where an RFE was received when someone sent in tax transcripts and copies of the 1040 without the W2s/1099s.  Moral of the story, when USCIS gives someone an option, pick one and stick with it, don't mix and match.

[Scandi 4,166]

If there was an RFE sent out regarding the i-864 but that OP never received, would the denial letter mention that? Like "failure to respond to RFE" or something like that? Or would they just write the way they did in OPs letter?

[Amadia 711]

16 hours ago, Jojo-seedorf said:

My AOS was denied. According to the letter it said ''The evidence of record shows that, when you filed your application, you were lawfully present in the United States. Your period of authorized stay has expired. You are not authorized to remain in the United States. If you fail to depart the United States within 33 days of the date of this letter, USCIS may issue you a Notice to Appear and commence removal proceedings against you with the immigration court."

 

Unfortunately, with the new policies that USCIS has been implementing, the officers can deny applications at their discretion without requesting an RFE from the applicant/petitioner. This is why we strongly advise all petitioners/applicants to quadruple check the documents being sent and the correct/valid application forms for the respective visas.

 

Many cases were being held up due to persons failing to provide sufficient info to their cases; therefore delaying the visa application process.

 

You can try getting an immigration attorney but I cannot say how strong that will help your case. You haven't given any member the specifics of your case except to say that you were denied and given warning to depart the US otherwise you would be taken to Immigration court.

 

Also, you recently joined us.....WELCOME!!......so please 

[Carpe Vinum 2,327]

4 hours ago, JFH said:

There was also an I-129F for a UK beneficiary they was denied with no RFE for a missing statement of intent to marry. 

Wow...That seems a bit harsh...

[Carpe Vinum 2,327]

19 minutes ago, Bill & Katya said:

It is interesting to note that there were a few cases recently where an RFE was received when someone sent in tax transcripts and copies of the 1040 without the W2s/1099s.  Moral of the story, when USCIS gives someone an option, pick one and stick with it, don't mix and match.

The tax transcripts have all of the W2 information on it I thought. I will look at mine again.