AOS denied due to missing supporting Affidavit Of Support documents.

[DialNoises 6]

7 minutes ago, Ayrton said:

If it was more than 2 years from marriage to green card approval, than it should've been a 10 years GC. Forget what the misinformation line is telling you, you're gonna have to file a I-90 to get your card fixed, and you don't need to do ROC.

Thank you so much! I knew something was fishy, thank you for confirming it for me! do I however really need to pay the $455 filing fee? sounds absurd if this was a mistake made on their end

 

edit: reading more upon the filing fee, it seems like I dont have to pay the filing fee if the reasoning is "My existing card has incorrect data because of DHS error.", I hope thats true

Edited February 4, 2021 by DialNoises

[DialNoises 6]

1 hour ago, DialNoises said:

Thank you so much! I knew something was fishy, thank you for confirming it for me! do I however really need to pay the $455 filing fee? sounds absurd if this was a mistake made on their end

 

edit: reading more upon the filing fee, it seems like I dont have to pay the filing fee if the reasoning is "My existing card has incorrect data because of DHS error.", I hope thats true

Sent out an i-90! I cant believe its gonna take 7 months at the minimum, thats crazy... all this waiting has really stripped my liberty of functioning independently in the united states

[Alytes 31]

My husband and I just started the AOS process from K1 and I looked up AOS denial, because I'm looking for ways to prep for questions and issues.  I just spent a long time reading your whole thread and I just want to say CONGRATULATIONS and way to persevere!  So many ups and downs, including the most recent incorrectly issued 2 year GC.  But you have a GC and that is great!  And this community is awesome for all the hand holding and guidance they provide.  I'm felling inspired:)

[HRQX 4,145]

On 2/4/2021 at 5:49 PM, DialNoises said:

all this waiting has really stripped my liberty of functioning independently in the united states

Do you still have the incorrect GC in your possession?

On 2/4/2021 at 3:52 PM, DialNoises said:

it seems like I dont have to pay the filing fee if the reasoning is "My existing card has incorrect data because of DHS error.", I hope thats true

Yup, that is correct.

Edited August 6, 2021 by HRQX

[DialNoises 6]

51 minutes ago, Alytes said:

My husband and I just started the AOS process from K1 and I looked up AOS denial, because I'm looking for ways to prep for questions and issues.  I just spent a long time reading your whole thread and I just want to say CONGRATULATIONS and way to persevere!  So many ups and downs, including the most recent incorrectly issued 2 year GC.  But you have a GC and that is great!  And this community is awesome for all the hand holding and guidance they provide.  I'm felling inspired:)

I'm so happy this thread was helpful for you! And thank you so much 😊😊😊

This community has done so much for me and others and I couldn't be grateful enough, I don't know where I'd be without those who helped me! Probably following USCIS' misleading instructions and probably stuck still waiting to get my interview done haha

 

36 minutes ago, HRQX said:

Do you still have the incorrect GC in your possession?

Yup, that is correct.

Still do, waiting for USCIS to work on my case, last update was Feb 15 I believe, they wanted me to do biometrics and then decided they didn't need to. 

Whatever they action they will take in my case will probably be a matter of hit or miss becuase like st least 3 reps on the phone were 200% sure that "it doesn't matter, the removal of conditions has to be done regardless of if you're married for over 2 years or not" 

So I feel like this is not common knowledge within the USCIS that you're supposed to be recieving a 10 year GC and not a 2 year.

Also another reason why they could mishandled my case is, when I had to first submit it, the online form asked me if I'm a conditional resident or not, or something like that I don't remember (maybe something about "are you an unlawful or lawful resident) and I had to answer no, which apparently when you answer yes, it gives you more options to give them a reason on why you're submitting the form. 

So I had to submit my form without an explanation, and since it's an online form, I am able to upload "evidence and documents" to the case, and I attached a picture with text on it explaining that I was issued the wrong gift card. 

Knowing how USCIS straight up denied my entire form for just a singular misconception, I'm sure they will deny me for simply not clicking the right option while filling the form online and will ask me to refill it, which by the time they will respond to it again, I'll have no choice but to apply for removal of conditions. 

But hey, hopefully this won't happen, right? 

I'm itching to renew my ID but they probably will have to give me a special one for conditional residents, just like how the ID that I'm currently carrying was only good for only a year. 

The case said 5 months and they could update at any moment so I have conflicting thoughts on if I should wait before renewing my ID or not 

Edited August 7, 2021 by DialNoises

[HRQX 4,145]

16 minutes ago, DialNoises said:

Whatever they action they will take in my case will probably be a matter of hit or miss becuase like st least 3 reps on the phone were 200% sure that "it doesn't matter, the removal of conditions has to be done regardless of if you're married for over 2 years or not"

Like @Ayrton mentioned in the previous page, when calling the USCIS misinformation line they give a lot of wrong info.

 

They clearly issued you the wrong card. See INA 216(h):

Quote

In this section:

(1) The term "alien spouse" means an alien who obtains the status of an alien lawfully admitted for permanent residence (whether on a conditional basis or otherwise)-

(A) as an immediate relative (described in section 1151(b) of this title) as the spouse of a citizen of the United States,

(B) under section 1184(d) of this title as the fiancee or fiance of a citizen of the United States, or

(C) under section 1153(a)(2) of this title as the spouse of an alien lawfully admitted for permanent residence,

by virtue of a marriage which was entered into less than 24 months before the date the alien obtains such status by virtue of such marriage, but does not include such an alien who only obtains such status as a result of section 1153(d) of this title.

 

Also: https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-2 "A person is generally considered an LPR at the time USCIS approves the applicant’s adjustment application or at the time the applicant is admitted into the United States with an immigrant visa. Most applicants applying for adjustment of status become LPRs on the date USCIS approves the application."

Edited August 7, 2021 by HRQX

[DialNoises 6]

5 minutes ago, HRQX said:

Like @Ayrton mentioned in the previous page, when calling the USCIS misinformation line they give a lot of wrong info.

 

They clearly issued you the wrong card. See INA 216(h):

 

Also: https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-2 "A person is generally considered an LPR at the time USCIS approves the applicant’s adjustment application or at the time the applicant is admitted into the United States with an immigrant visa. Most applicants applying for adjustment of status become LPRs on the date USCIS approves the application."

Exactly!

[Letspaintcookies 2,310]

The thing is you can't ROC because there's simply no need for you. We just had a case here where somebody asked if/how they can get their money back for the ROC application. I think it was kinda like your case. They received the wrong card and just went along with it, applied for ROC and at some point got 'denied' because they had no case. 

 

This is really a stupid situation and I hope you can get it resolved soon.

[DialNoises 6]

6 minutes ago, Letspaintcookies said:

The thing is you can't ROC because there's simply no need for you. We just had a case here where somebody asked if/how they can get their money back for the ROC application. I think it was kinda like your case. They received the wrong card and just went along with it, applied for ROC and at some point got 'denied' because they had no case. 

 

This is really a stupid situation and I hope you can get it resolved soon.

Oh! I actually had no idea! I would have otherwise applied for the ROC and both wasted my time and money! 

This is a very tricky situation then! 

[Letspaintcookies 2,310]

18 minutes ago, DialNoises said:

Oh! I actually had no idea! I would have otherwise applied for the ROC and both wasted my time and money! 

This is a very tricky situation then! 

Found it. They did tried to get a new card but received the wrong one again and then went with it.

 

[DialNoises 6]

It's been a year ever since I've submitted the I-90, there were no updates other than the biometrics getting processed.🥲

and the USCIS bypassed almost every possible way to get connected with a representative..

[DialNoises 6]

I tried calling USCIS once again and was able to connect with an agent, and I got an email explaining that if there's an error on my permanent resident, I need to file a I-90 form, which I already filed over a year ago. 

As I was reading the email, I couldn't help but notice this quote:

 

 

"The adjudicating officer will decide if the incorrect data on the Permanent Resident Card is due to DHS error. The adjudicating officer may deny the selected reason and require you to pay the application fee and/or biometrics fee" 

 

Does it really mean that if my I-90 will be denied, they will really make all the fees associated with the I-90???

It concerns me because it doesn't seem like the reasoning behind why I was supposed to be getting a 10 year CG is common knowledge within USCIS, neither the officer who adjusted us.. CG

[Villanelle 4,122]

16 hours ago, DialNoises said:

I tried calling USCIS once again and was able to connect with an agent, and I got an email explaining that if there's an error on my permanent resident, I need to file a I-90 form, which I already filed over a year ago. 

As I was reading the email, I couldn't help but notice this quote:

 

 

"The adjudicating officer will decide if the incorrect data on the Permanent Resident Card is due to DHS error. The adjudicating officer may deny the selected reason and require you to pay the application fee and/or biometrics fee" 

 

Does it really mean that if my I-90 will be denied, they will really make all the fees associated with the I-90???

It concerns me because it doesn't seem like the reasoning behind why I was supposed to be getting a 10 year CG is common knowledge within USCIS, neither the officer who adjusted us.. CG

You are overthinking. Catastrophic thinking is when someone assumes the worst case scenario or believes things are much worse than they are. 

 

Trust me that USCIS is well aware of the 2yr conditional card requirements and know it is only issued if the marriage is less than 2yrs. 

 

So why are you getting responses back from them saying ROC can't be waived? Because ROC can't be waived. Even if the 2yr card was issued incorrectly ROC can't be waived.  To remove the ROC requirement the card must be corrected. That is the only way to remove the ROC requirement. 

 

Now when you file the i90 and choose DHS error you do not need to pay. IF the Officer reviews it and determines it was not DHS error they will send a soft denial advising you to submit payment to process your i90 as it's been determined to not be DHS error and payment is required.  It's the same as when one attempts to use a fee waiver.  If you request a fee waiver and they decide you don't qualify for it they will soft deny and request the fee to continue. 

 

Replacement cards through i90 can take up to a year but I am concerned that perhaps you didn't fill out the form correctly which is causing the delay. 

 

You may want to consider submitting a new i90 based on DHS error. You can search the forums for information on how to fill it out properly or post specific questions here for help. 

 

You can also reach out to your congressman for assistance in inquiring on the status of the i90 filed and address any issues that may be causing a delay.

[DialNoises 6]

5 hours ago, Villanelle said:

You are overthinking. Catastrophic thinking is when someone assumes the worst case scenario or believes things are much worse than they are. 

 

Trust me that USCIS is well aware of the 2yr conditional card requirements and know it is only issued if the marriage is less than 2yrs. 

 

So why are you getting responses back from them saying ROC can't be waived? Because ROC can't be waived. Even if the 2yr card was issued incorrectly ROC can't be waived.  To remove the ROC requirement the card must be corrected. That is the only way to remove the ROC requirement. 

 

Now when you file the i90 and choose DHS error you do not need to pay. IF the Officer reviews it and determines it was not DHS error they will send a soft denial advising you to submit payment to process your i90 as it's been determined to not be DHS error and payment is required.  It's the same as when one attempts to use a fee waiver.  If you request a fee waiver and they decide you don't qualify for it they will soft deny and request the fee to continue. 

 

Replacement cards through i90 can take up to a year but I am concerned that perhaps you didn't fill out the form correctly which is causing the delay. 

 

You may want to consider submitting a new i90 based on DHS error. You can search the forums for information on how to fill it out properly or post specific questions here for help. 

 

You can also reach out to your congressman for assistance in inquiring on the status of the i90 filed and address any issues that may be causing a delay.

I hope youre right! so far I've spoken to numerous USCIS agents and they all believed that its the other way around, that I must have received a 10 year GC only if I was married for two years at the time of submitting the  i-485, and not at the time of the card being issued, which I know is not true thanks to all of you, which makes me doubt the officer looking at my i-90 wouldnt think too much before denying the i-90. but best case scenario is that youre right!

 

And yeah i do understand that the ROC cannot be waived, therefore I have submitted the I-90 to counter that, however the response that I got from the USCIS (they tried reaching out to me since I requested a call back from a higher tier officer, but were unsuccessful because I was busy at work, I was told they will make other attempts to call again but I know how misguiding the agents on the phone may be) was more or less the assumption that I didnt sumbit an i-90 to correct the error that is on my card, including a detailed explanation of how to submit an i-90 and what to expect.

 

Quote

Now when you file the i90 and choose DHS error you do not need to pay. IF the Officer reviews it and determines it was not DHS error they will send a soft denial advising you to submit payment to process your i90 as it's been determined to not be DHS error and payment is required.  It's the same as when one attempts to use a fee waiver.  If you request a fee waiver and they decide you don't qualify for it they will soft deny and request the fee to continue. 

I am afraid to say, but I am still confused, not overthinking it but however having hard time understanding this.

but I am assuming that your point is that, if they deny my I-90 they would not ask me to pay the original fees that come with submitting an i-90, right?

[Villanelle 4,122]

16 minutes ago, DialNoises said:

I hope youre right! so far I've spoken to numerous USCIS agents and they all believed that its the other way around, that I must have received a 10 year GC only if I was married for two years at the time of submitting the  i-485, and not at the time of the card being issued, which I know is not true thanks to all of you, which makes me doubt the officer looking at my i-90 wouldnt think too much before denying the i-90. but best case scenario is that youre right!

 

The policy is well known and very clear.

 

taken from  https://www.uscis.gov/green-card/after-we-grant-your-green-card/conditional-permanent-residence/removing-conditions-on-permanent-residence-based-on-marriage "Your permanent resident status is conditional if it is based on a marriage that was less than two years old on the day you became a permanent resident. We give you conditional permanent resident status when you are either admitted to the United States on an immigrant visa or adjust your status to that of a permanent resident"

 

You don't become a permanent resident retroactively starting on the date you filed. You become one the day you are approved.  If the date you were approved shown on your card is 2 years or more from the date of your marriage you do not get the conditional card.

 

I don't know why you are constantly getting incorrect information from USCIS. Perhaps the way you are asking is causing them to recite inapplicable policies as response? You have to remember USCIS can not give legal advice. If you ask the wrong questions they will still answer them.

 

16 minutes ago, DialNoises said:

 

I am afraid to say, but I am still confused, not overthinking it but however having hard time understanding this.

but I am assuming that your point is that, if they deny my I-90 they would not ask me to pay the original fees that come with submitting an i-90, right?

The i90 is a form asking them to print you a new card. There's a variety of reasons why one might need a replacement card.

You selected DHS error as you don't simple want a duplicate incorrect card, you want them to make a correction and send it to you.

The form requires you pay but if you are claiming DHS error they allow you to submit it with no fee as they correct errors for no fee.

They will review your form. If they decide it is their error they will process it and send you the corrected card. No fee will ever be asked for. 

If they review your form and decide it's not their error they still have your form requesting a duplicate card be sent. So they will send you back a letter saying we don't see an error we are responsible to fix for free. If you still want us to print you a new card send us the fee. 

 

Sometimes people fail to change their names the way they want during the process. Sometimes its DHS error but usually its the applicants fault and if so they have to pay to get the card changed. 

 

In your case the outcome should be them acknowledging DHS error and sending you the corrected 10 year card. If they deny your i90 as they don't see any error your best option is to get help through your congressman.