AOS DENIED! HELP

[Scandi 4,166]

4 hours ago, Adriana & Johna said:

 Everything was sent that was needed to be to sent, except the medical I sent the medical that was done for the K1 visa since it has a year vadility. My income is over the poverty guidelines I sent W2, 2018 taxes and tax transcripts. And I haven’t seen the affidavit so I’m not sure if there is errors on that form to be honest! 

 

and I read about that, there not sending RFE anymore they are just denying 😞

Since you're the sponsor you signed the affidavit of support. So yes, you have seen it. If you didn't sign the affidavit the package likely would've been rejected already from the start.

[ALEJANDRO37800 1]

Help please, does anyone know why on the I-130 during processing times, the California office delays or advances the days.
for example: today appears on December 18, 2018
and tomorrow at December 6, 2018

[Adriana & Johna 6]

Hi group!
 

UPDATE!!!!!!!!
 

I need your opinions and your experiences!!!!!!

 

PLEASE!!!!PLEASE DON'T JUDGE!! I need advice!
 

Today I got my denial letter. Basically they denied it because my lawyer failed in two things

1.) She did NOT send the Affidavit of support

2.) She failed to translate my husband's birth certificate correctly (his birthdate was wrong) 

Those two things were the reasons why they denied it, now I decided to resubmit the application again, the lawyer don't told me she will pay it since it was her fault, now my question is, tomorrow my husband has an appointment to do his medical exam, I would like to know if is it a good idea to send the medical exam with this new package? 

 

also, the lawyer told me that it is not necessary to send a

co-sponsor, and for 2018 my income was $ 24,000 more or less, and my brother earned more than $ 40,000, he agreed to be our co-sponsor, do y'all think is a good idea to send the co-sponsor paperwork? just in case!

In the letter basically it says that if we do not respond with an APPEAL/MOTION basically my husband has 33 days to leave the country. He entered with a K1 visa, so my question is sending this new AOS, will my husband be legal? Oh, will they send him a deportation order? 

I am super worried about this, HELP please!

Thanks in advance!

[geowrian 22,337]

2 minutes ago, Adriana & Johna said:

Today I got my denial letter. Basically they denied it because my lawyer failed in two things

1.) She did NOT send the Affidavit of support

2.) She failed to translate my husband's birth certificate correctly (his birthdate was wrong) 

Those two things were the reasons why they denied it, now I decided to resubmit the application again, the lawyer don't told me she will pay it since it was her fault, now my question is, tomorrow my husband has an appointment to do his medical exam, I would like to know if is it a good idea to send the medical exam with this new package? 

Good news: Easy to resolve in a refiled application.

No clue how the lawyer missed sending the I-864...that's pretty critical. The other item likely would have been an RFE/RFIE instead.

 

An I-693 is not required at the time of filing. You can bring it to the interview. The main reason being if the approval takes longer than its validity, you need to do a new one anyway.

As for whether you need an I-693 at all...if the new I-485 is filed within 1 year of the original K-1 medical, it will remain valid for AOS purposes.

 

2 minutes ago, Adriana & Johna said:

also, the lawyer told me that it is not necessary to send a

co-sponsor, and for 2018 my income was $ 24,000 more or less, and my brother earned more than $ 40,000, he agreed to be our co-sponsor, do y'all think is a good idea to send the co-sponsor paperwork? just in case!

Joint sponsor*

Whether you need a joint sponsor or not depends on your circumstances. Being borderline to the bare minimum on your own is really pushing your luck IMO. You may meet the bare minimum to qualify as a sponsor, but that does not mean it will satisfy the IO...it just means they can consider it. I'd go with a joint sponsor in your situation personally.

 

2 minutes ago, Adriana & Johna said:

In the letter basically it says that if we do not respond with an APPEAL/MOTION basically my husband has 33 days to leave the country. He entered with a K1 visa, so my question is sending this new AOS, will my husband be legal? Oh, will they send him a deportation order? 

He will have a new period of authorized stay once the I-485 is proper refiled.

They can send an NTA at any point prior to that, so get the new one filed ASAP to minimize the chance of them doing so IMO.

[Adriana & Johna 6]

20 minutes ago, geowrian said:

Good news: Easy to resolve in a refiled application.

No clue how the lawyer missed sending the I-864...that's pretty critical. The other item likely would have been an RFE/RFIE instead.

 

An I-693 is not required at the time of filing. You can bring it to the interview. The main reason being if the approval takes longer than its validity, you need to do a new one anyway.

As for whether you need an I-693 at all...if the new I-485 is filed within 1 year of the original K-1 medical, it will remain valid for AOS purposes.

 

Joint sponsor*

Whether you need a joint sponsor or not depends on your circumstances. Being borderline to the bare minimum on your own is really pushing your luck IMO. You may meet the bare minimum to qualify as a sponsor, but that does not mean it will satisfy the IO...it just means they can consider it. I'd go with a joint sponsor in your situation personally.

 

He will have a new period of authorized stay once the I-485 is proper refiled.

They can send an NTA at any point prior to that, so get the new one filed ASAP to minimize the chance of them doing so IMO.

My husband did get his medical done in his country before the K1 was granted however it was not completed! He did not get vaccinated! So I believe I have to get that validated! 
 

and yes it’s good news! I’m basically going to re file my AOS and my lawyer will be paying the fee! Thank god!  but I know It was something very critical and I’m not sure why she thought she didn’t have to send it. Unfortunately   but it is what it is! So once I send it next week and get myNOA1 he will be legal? 

[geowrian 22,337]

15 minutes ago, Adriana & Johna said:

My husband did get his medical done in his country before the K1 was granted however it was not completed! He did not get vaccinated! So I believe I have to get that validated! 
 

and yes it’s good news! I’m basically going to re file my AOS and my lawyer will be paying the fee! Thank god!  but I know It was something very critical and I’m not sure why she thought she didn’t have to send it. Unfortunately   but it is what it is! So once I send it next week and get myNOA1 he will be legal? 

Yes, the vaccinations will be required.

 

Once you send it and they get it, you will not be accruing unlawful presence, just like any other K-1-based AOS applicant. You will get the NOA1 later (It can take up to month to receive), that will be your evidence that you are not in the US illegally.

[Adriana & Johna 6]

1 hour ago, geowrian said:

Yes, the vaccinations will be required.

 

Once you send it and they get it, you will not be accruing unlawful presence, just like any other K-1-based AOS applicant. You will get the NOA1 later (It can take up to month to receive), that will be your evidence that you are not in the US illegally.

Perfect! That’s what I thought as long as I re file ASAP and get that NOA1 than we should be okay. 

[NMFerrer 32]

On 11/23/2019 at 1:43 AM, Adriana & Johna said:

Perfect! That’s what I thought as long as I re file ASAP and get that NOA1 than we should be okay. 

Did you guys resolve the problem> ? I am on the same situation as you.. Just that they denied my application because I did not show up on the interview.. but the thing is they sent the interview notice to my old address and also I change my address before they schedule my interview. 😞 I am worried about what will happen next.

[Adriana & Johna 6]

10 hours ago, FemmeFatal said:

Did you guys resolve the problem> ? I am on the same situation as you.. Just that they denied my application because I did not show up on the interview.. but the thing is they sent the interview notice to my old address and also I change my address before they schedule my interview. 😞 I am worried about what will happen next.

Hello FemmeFatal,

 

I was not able to motion or appeal the decision because USCIS was CORRECT when they denied it. My lawyer did NOT send my affidavit of support and she also translated my husbands birth certificate incorrectly, so my ONLY option was to re fill the AOS, which I did. They received my NEW AOS packet on December 3,2019 and my husband got his biometric appointment for December 23, 2019 and soon after our status changed to " Fingerprints completed" so we are now just waiting. It has been 17 days since he completed his fingerprints. 

 

I am sorry about your denial I know exactly how you feel, its very scary and frustrating but in your case I would appeal it, Since you did inform USCIS about your change of address before the interview was scheduled. I do recommend you contact USCIS quickly, only because I believe they give you 33 days to appeal or motion the decision, if not you have to leave the country or re fill the AOS and pay all the fees again. 

 

GOOD LUCK!! 

[NMFerrer 32]

5 minutes ago, Adriana & Johna said:

Hello FemmeFatal,

 

I was not able to motion or appeal the decision because USCIS was CORRECT when they denied it. My lawyer did NOT send my affidavit of support and she also translated my husbands birth certificate incorrectly, so my ONLY option was to re fill the AOS, which I did. They received my NEW AOS packet on December 3,2019 and my husband got his biometric appointment for December 23, 2019 and soon after our status changed to " Fingerprints completed" so we are now just waiting. It has been 17 days since he completed his fingerprints. 

 

I am sorry about your denial I know exactly how you feel, its very scary and frustrating but in your case I would appeal it, Since you did inform USCIS about your change of address before the interview was scheduled. I do recommend you contact USCIS quickly, only because I believe they give you 33 days to appeal or motion the decision, if not you have to leave the country or re fill the AOS and pay all the fees again. 

 

GOOD LUCK!! 

Yas youre right .. they only give 33 days to file a motion for reconsideration.. It is really frustrating.. specially now that i am on the process of taking the CPA exam here.. it might affect application..

 

And Congrats to you and your husband you finally resolve the problem. So, did you pay for the application again?

[Adriana & Johna 6]

2 minutes ago, FemmeFatal said:

Yas youre right .. they only give 33 days to file a motion for reconsideration.. It is really frustrating.. specially now that i am on the process of taking the CPA exam here.. it might affect application..

 

And Congrats to you and your husband you finally resolve the problem. So, did you pay for the application again?

Definitely, I would encourage you either motion or appeal, since you have a legit reason, however I believe you have to pay a little over $700 to appeal. 

 

and Thank you, I had no other choice   and yes we had to pay 1225 again, but since it was my lawyers fault, she took responsibility for it and paid for it. 

[NMFerrer 32]

Just now, Adriana & Johna said:

Definitely, I would encourage you either motion or appeal, since you have a legit reason, however I believe you have to pay a little over $700 to appeal. 

 

and Thank you, I had no other choice   and yes we had to pay 1225 again, but since it was my lawyers fault, she took responsibility for it and paid for it. 

What the? $700? OMFG Like it wasnt my fault. It was USCIS fault. 😩 I did call them like atleast every week.. to confirm my address change the first officer was like yeah you;ll receive a notice confirming your address change in 30 days.. so I waited..that was Oct 25 when my status online did not changed yet and then I received a status change on nov 12.  stating that my interview was scheduled its perfect coz I did my address change Oct 25. but just to confirm I changed my address again online on Nov 18 and it was successful and say that i will receive a response in Nov 26 which I did not receive any response .. So on December 3 I called them coz  Iam already worried that they send it to the wrong address but then the officer said that they did not send anything to me yet.. and Iask if my address was successfully changed and she said yas.. and I will receive a confirmation 2 weeks after our conversation but I did not receive anything.. and on December 26 instead of receiving a notice about my address changed I received an email saying that my application was denied😨😭 I called them right away just to find out that my address was not changed on their system. I spend my whole day just calling them and they finally get it right .. wahh.. Sorry for ranting.. gosh.. This is so stressful..

[NMFerrer 32]

 

funny is I called them today and my notice for interview schedule was on hold.. #######.. and they did not send it to me yet.. WAhh but Instead I receive a denial notice because i fail to show up on the interview.

[Adriana & Johna 6]

5 minutes ago, FemmeFatal said:

What the? $700? OMFG Like it wasnt my fault. It was USCIS fault. 😩 I did call them like atleast every week.. to confirm my address change the first officer was like yeah you;ll receive a notice confirming your address change in 30 days.. so I waited..that was Oct 25 when my status online did not changed yet and then I received a status change on nov 12.  stating that my interview was scheduled its perfect coz I did my address change Oct 25. but just to confirm I changed my address again online on Nov 18 and it was successful and say that i will receive a response in Nov 26 which I did not receive any response .. So on December 3 I called them coz  Iam already worried that they send it to the wrong address but then the officer said that they did not send anything to me yet.. and Iask if my address was successfully changed and she said yas.. and I will receive a confirmation 2 weeks after our conversation but I did not receive anything.. and on December 26 instead of receiving a notice about my address changed I received an email saying that my application was denied😨😭 I called them right away just to find out that my address was not changed on their system. I spend my whole day just calling them and they finally get it right .. wahh.. Sorry for ranting.. gosh.. This is so stressful..

Yes, I just ckecked it right now and it cost $675 to appeal or motion. Its horrible. I was upse too because I honestly think they could have given me an RFE, my husband came in with a K1 visa, so we obviosuly had already given them an affidavit, but yes  I totally understand how frustrating it must be, I was upset to think even think about paying 1225 again. Its very unfortunate that this is how they get there money, but we have no choice but to pay.   and its okay I totally understand your frustration. 

[Adriana & Johna 6]

13 minutes ago, FemmeFatal said:

 

funny is I called them today and my notice for interview schedule was on hold.. #######.. and they did not send it to me yet.. WAhh but Instead I receive a denial notice because i fail to show up on the interview.

That is super weird, in that case im not sure, I mean if its on hold why would they deny your case, and i assume you already got the denial letter right?