AOS denied due to missing supporting Affidavit Of Support documents.

[DialNoises 6]

30 minutes ago, Villanelle said:

 

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.

 

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. 

 

Thank you so much! I understand it much better now, that puts me in a relief!

 

 

Quote

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.

Thats surprising, I have been reaching out to them multiple times in hopes of a resolve on their end, such as the agents connecting me to a higher tier officer who could possibly have the ability to submit a request to issue me the corrected card, or any other resolve that could have ended in getting the card reissued.

When I would reach out to the USCIS on the phone, I would explain it this way "Hey! I am calling because I believe that I have received an incorrect permanent resident card after filing a i-485, a year ago I had my interview and we were approved, however since my wife and I were married for 2 years at the time of the decision of the approval, I should have received a non conditional 10 year CG in the mail, but instead I have a received a conditional 2 year CG"

Then the officers may say at least one of the two following things:

"Have you been married for 2 years at the time of submitting the i-485?" believing that you only qualify for the 10 year GC if you have already been married for at least 2 years at the time of submitting the i-485.

or if they are told that their policies, even on their website specify that if you were married for 2 years at the time of the decision, you qualify for the non conditional 10 year GC instead of the 2 years GC, the USCIS replies with:

"uhh well we dont know, I would suggest filing a i-90", then if you tell them that you have already filed on a year ago, they just ask you to wait, but as you said these applications should take less than a year, and the estimate on mine at the time was 5 months, so I dont think it is safe to keep waiting if my case was somehow dismissed, that is especially since now that its been a bit over a year ever since I was granted the GC I will soon have to start applying for the ROC.

So this time I am making an attempt to see if I can get connected with a 2nd tier officer to look over my case as difficult as it may be to get connected with one at the moment, let alone to speak with the agents themselves alone.

 

 

 

Quote

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. 

You have really interested me with this statement in your last quote reply, how does something like that works? I know very little about contacting congressman and so does my wife, how does that work?

 

[Villanelle 4,122]

On 3/30/2022 at 9:27 PM, DialNoises said:

"Hey! I am calling because I believe that I have received an incorrect permanent resident card after filing a i-485, a year ago I had my interview and we were approved, however since my wife and I were married for 2 years at the time of the decision of the approval, I should have received a non conditional 10 year CG in the mail, but instead I have a received a conditional 2 year CG"

Then the officers may say at least one of the two following things:

"Have you been married for 2 years at the time of submitting the i-485?" believing that you only qualify for the 10 year GC if you have already been married for at least 2 years at the time of submitting the i-485.

or if they are told that their policies, even on their website specify that if you were married for 2 years at the time of the decision, you qualify for the non conditional 10 year GC instead of the 2 years GC, the USCIS replies with:

"uhh well we dont know, I would suggest filing a i-90", then if you tell them that you have already filed on a year ago, they just ask you to wait, but as you said these applications should take less than a year, and the estimate on mine at the time was 5 months, so I dont think it is safe to keep waiting if my case was somehow dismissed, that is especially since now that its been a bit over a year ever since I was granted the GC I will soon have to start applying for the ROC.

You know my local pharmacy just implemented this voice responsive phone system and it drives me nuts. It takes forever to navigate through as if you don't say the exact phrase back as a choice it offered it responds Im sorry I don't understand lets start again and it loops you back to the start.!! Im sure you've experienced the same somewhere as these systems are everywhere now.

 

USCIS phone line is basically an automated system but with live people. Technically tier 1 has no information besides whats available online and are limited to reading premade scripts back to you. So in a way it's you explaining to a live person your issue and them operating the computer response system based on what they hear. Some people have more success using Emma the chat bot as with her there is no middleman so to speak. 

 

Tier 2 are actually officers and can see a bit more but the problem with using them is as you see is its terribly difficult to get to speak to one and when you do it's impossible to follow up with the same individual. 

 

A tier 2 can submit case inquiries or comments to the Officers who are actually handling it but it's pretty much a one way conversation as it's rare for them to get a a response back from their inquiry and then be able to successfully relay it back to you. 

 

On 3/30/2022 at 9:27 PM, DialNoises said:

So this time I am making an attempt to see if I can get connected with a 2nd tier officer to look over my case as difficult as it may be to get connected with one at the moment, let alone to speak with the agents themselves alone.

You may get connected with a T2. They will submit your inquiry. They may even attempt to contact you back and if you are fortunate enough to connect back with them you will most likely be told they submitted your inquiry and got a response back from the Officer working on it of 'ok, inquiry received, being processed'.

 

At the end of the day--- not helpful.

 

 

 

On 3/30/2022 at 9:27 PM, DialNoises said:

 

 

You have really interested me with this statement in your last quote reply, how does something like that works? I know very little about contacting congressman and so does my wife, how does that work?

 

So this is where your congressman comes in. Everyone has 3 to choose from. 2 senators and a house of representatives member. You can use Google and your zip code to find your congressman representatives. Political party affiliations don't matter. You most likely will not even speak to the actual congressman, I honestly don't think I've heard of anyone who has when getting help from their office.

 

In their office is someone whose job is to handle such. Start by going to the websites for your representatives. You should find a link for 'get help' with immigration or government agency. There is a release form you need to fill out and sign so they can inquire with USCIS on your behalf.  You can probably submit everything to them online/email/fax /phone and not have to go in person at all but if desired I'm sure they would allow you an in person meeting.

 

The congressman staff member will reach out to their liason at USCIS. They WILL get a response back and relay it to you. They CAN follow up with the liason if needed. The liason can be compared to the T2 but the difference is accountability and a paper trail. 

 

The best part. Help from the congressman is FREE. 

 

Now you may get back as response we are still processing it please wait 60 more days. If there was an error in your form the liason can help correct it. And when the 60 days are up if it's not resolved you go back and they will contact them again. 

 

So I strongly suggest you reach out to your representative. Any of the 3 can help. Google or VJ can help you determine which is best to seek help from. Only seek help from one. Some are more helpful than others. Typically the house of representatives member is best as they serve a smaller area so less workload but do a bit of research.

 

Beyond that there is the Ombudsman which is technically appropriate to contact as well as they handle technical and policy errors with USCIS like the wrong card being issued but they have a very long wait list for help and you can most likely get this resolved with the congressman assistance. 

[DialNoises 6]

On 4/1/2022 at 2:13 PM, Villanelle said:

You know my local pharmacy just implemented this voice responsive phone system and it drives me nuts. It takes forever to navigate through as if you don't say the exact phrase back as a choice it offered it responds Im sorry I don't understand lets start again and it loops you back to the start.!! Im sure you've experienced the same somewhere as these systems are everywhere now.

 

USCIS phone line is basically an automated system but with live people. Technically tier 1 has no information besides whats available online and are limited to reading premade scripts back to you. So in a way it's you explaining to a live person your issue and them operating the computer response system based on what they hear. Some people have more success using Emma the chat bot as with her there is no middleman so to speak. 

 

Tier 2 are actually officers and can see a bit more but the problem with using them is as you see is its terribly difficult to get to speak to one and when you do it's impossible to follow up with the same individual. 

 

A tier 2 can submit case inquiries or comments to the Officers who are actually handling it but it's pretty much a one way conversation as it's rare for them to get a a response back from their inquiry and then be able to successfully relay it back to you. 

 

You may get connected with a T2. They will submit your inquiry. They may even attempt to contact you back and if you are fortunate enough to connect back with them you will most likely be told they submitted your inquiry and got a response back from the Officer working on it of 'ok, inquiry received, being processed'.

 

At the end of the day--- not helpful.

 

 

 

So this is where your congressman comes in. Everyone has 3 to choose from. 2 senators and a house of representatives member. You can use Google and your zip code to find your congressman representatives. Political party affiliations don't matter. You most likely will not even speak to the actual congressman, I honestly don't think I've heard of anyone who has when getting help from their office.

 

In their office is someone whose job is to handle such. Start by going to the websites for your representatives. You should find a link for 'get help' with immigration or government agency. There is a release form you need to fill out and sign so they can inquire with USCIS on your behalf.  You can probably submit everything to them online/email/fax /phone and not have to go in person at all but if desired I'm sure they would allow you an in person meeting.

 

The congressman staff member will reach out to their liason at USCIS. They WILL get a response back and relay it to you. They CAN follow up with the liason if needed. The liason can be compared to the T2 but the difference is accountability and a paper trail. 

 

The best part. Help from the congressman is FREE. 

 

Now you may get back as response we are still processing it please wait 60 more days. If there was an error in your form the liason can help correct it. And when the 60 days are up if it's not resolved you go back and they will contact them again. 

 

So I strongly suggest you reach out to your representative. Any of the 3 can help. Google or VJ can help you determine which is best to seek help from. Only seek help from one. Some are more helpful than others. Typically the house of representatives member is best as they serve a smaller area so less workload but do a bit of research.

 

Beyond that there is the Ombudsman which is technically appropriate to contact as well as they handle technical and policy errors with USCIS like the wrong card being issued but they have a very long wait list for help and you can most likely get this resolved with the congressman assistance. 

Thats mind blowing! Thank you so much for explaining the idea and the process in such detail, thats really helpful considering I've never done anything like that before and speaking directly with a congress senate that would also somehow have access to my USCIS related documentation and submitted cases would have sounded but a far away vivid chance, but your explaining makes so much more sense!
 

60 days not terribly long but is still a pain considering how close starts the period in which I have to start submitting my ROC forms, but better knowing it now than later, I should start working on that, thinking also about multi tasking and still getting a tier 2 to contact me again (since they had called me while I was at work which was not feasible for my to answer at the time) just to double my chances of getting my case resolved sooner, unless doing so will complicate the process of my case and will do more harm than good that of course.

Thank you so much for guiding me forward into right direction and putting the dedication to read and reply to my comment and offer remarkable aid that I would have honestly not been able to discover on my own in time and would have probably found myself in a far worse place.

 

If it wasn't for all the help her, I would have chosen to appeal my rejected i-485, pay unnecessary fees and be unemployed even longer, I would have still had a newer i-485 pending right and I wouldnt have been a lawful resident in the slightest.

VJ is the new uscis hotline 

[DialNoises 6]

So my stuff are currently still under the works with the congress, things look promising, that advise has been really helpful and im grateful for this community for pointing it out,

While things are still processing, while im not all that much worried about applying for the naturalization, I found some concerning things regarding the n400 process while researching things related to my AOS and im not sure how much they relate to me or not.

 

Are you expected and are suppose to apply for naturalization 90 days before you become eligible for naturalization? what happens if you dont and decide to apply later on? its not a rush for me as while having citizen rights is nice, just being able to be with my spouse in the same place lawfully already makes it the ultimate satisfaction for me.

Sure, applying for naturalization is a benefit on its own (as long as youre willing to renounce your forgiven one) and why wouldnt you apply the soonest you can, but considering how weird my USCIS process was, should I be concerned about not applying in time? will i get penalized if I dont? this is all I care about honestly.

 

I used to think that you must apply 5 years from the moment you have given permanent residence, but now im seeing 3 years, wheres the truth?

 

Regardless of if its 3 or 5 years, is it 3/5 years starting the moment you entered the US? the moment you received your conditional one? or the moment you received your unconditional one?

 

Thank you!

[DialNoises 6]

Great news!!! Reaching out to the congressman helped! USCIS finally looked over my case and had it corrected! 

A new card has been produced and its on its way to me!! this is such a relief! Thank all of you for helping me through this tiresome wild trip and thread that is already a couples years old!

[carmel34 3,633]

On 9/6/2022 at 10:51 PM, DialNoises said:

I used to think that you must apply 5 years from the moment you have given permanent residence, but now im seeing 3 years, wheres the truth?

 

Regardless of if its 3 or 5 years, is it 3/5 years starting the moment you entered the US? the moment you received your conditional one? or the moment you received your unconditional one?

Filing an N-400 for naturalization is not required for LPRs.  The 3/5 year requirement is the soonest you can apply for US citizenship, 3 years based on LPR date and married to a US citizen, or 5 years from LPR date not based on marriage.  Both options are available to you, but it is completely optional.  You can apply when eligible, or 10 years later, 13 years, or never, it's your choice.  There are also US residency and other requirements.  My aunt from Canada married a US citizen many years ago, became a US LPR after marriage, and lived in the US for the rest of her life.  She never became a US citizen because she didn't want to.

Edited October 8, 2022 by carmel34

[Sara Tony 10]

Hello..I am interested to know what happened to your case after you applied again. 

 

Thanks. 

[DialNoises 6]

20 hours ago, carmel34 said:

Filing an N-400 for naturalization is not required for LPRs.  The 3/5 year requirement is the soonest you can apply for US citizenship, 3 years based on LPR date and married to a US citizen, or 5 years from LPR date not based on marriage.  Both options are available to you, but it is completely optional.  You can apply when eligible, or 10 years later, 13 years, or never, it's your choice.  There are also US residency and other requirements.  My aunt from Canada married a US citizen many years ago, became a US LPR after marriage, and lived in the US for the rest of her life.  She never became a US citizen because she didn't want to.

Interesting! That's a relief then! 

Crazy knowing that I can already apply for citizenship starting.. Next year? All though how long this process came to be and how many years have been tossed away to reach a moment of lawful residency, I never thought the moment of citizenship eligibility would be layed out to me so, soon. 

Guess that will be something to consider, it's just that.. denouncing my other nationallity/residency..  

 

I'm glad this removal of conditions thing got sorted out, I went over the i-752 forum and I didn't realize how terrible the time processings for it are right now, thinking how thst would be another few years of uncertainty and troubling immigrantion conditions on top of how long I spent getting through the AOS phase ever since I've first came to the US! It's about to be 5 years in just less of a year now, what a headache haha.. I feel so terrible for everybody else.

 

Regardless, thank you! 

[DialNoises 6]

17 hours ago, Sara Tony said:

Hello..I am interested to know what happened to your case after you applied again. 

 

Thanks. 

After I applied for the AOS again, right?

Theres so much that has happened, which parts would you like to know about the most?

[Sara Tony 10]

Yes..I wanted to know if they accepted your second time AOS application after you were told you can't. 

Thank you.

Edited October 9, 2022 by Sara Tony

[DialNoises 6]

20 minutes ago, Sara Tony said:

Yes..I wanted to know if they accepted your second time AOS application after you were told you can't. 

Thank you.

After including all proper documentation in the second AOS packet I've sent and paid for, they have had me come to an interview a year later and have approved my application.

What occurred after however that at the time of the interview my wife and I were married for over 2 years, so we would have to qualify for the unconditional 10 year permanent residence card, however this may have been overlooked by the person interviewing us and we have been sent a conditional 2 year card.

Which I had to file an i-90 to have it corrected, but it took nearly two years to be reviewing by the USCIS. if it wasnt for the congressman getting involved into communicating with the USCIS in regards to my I-90, I would have had to start applying for the Removal Of Conditions I-751 form,  which would have not ended well because technically at the time of my AOS interview I was already married for over 2 years, so that would cause complications and probably void whatever that would have happened in the i-751 interview, if that was one.

Definitely a painful process.

[Sara Tony 10]

Thank you a lot and happy all  worked good for you at the end.

[DialNoises 6]

8 minutes ago, Sara Tony said:

Thank you a lot and happy all  worked good for you at the end.

Thank you very much, I hope it continues so!

[DialNoises 6]

Hey, just a few weeks ago I got a letter from the USCIS calcimining that I should soon start applying for the removal of conditions, months after getting the corrected non conditional permanent residence card.

Should I be worried? why would they send this letter if Im technically should be registered as a non-conditional permanent residence? kinda odd, I know that USCIS is uh very disoriented at what they do, but this letter was probably auto generated, and if it was auto generated, it should have been created based of my status as a resident, right?

[OldUser 6,670]

8 hours ago, DialNoises said:

Hey, just a few weeks ago I got a letter from the USCIS calcimining that I should soon start applying for the removal of conditions, months after getting the corrected non conditional permanent residence card.

Should I be worried? why would they send this letter if Im technically should be registered as a non-conditional permanent residence? kinda odd, I know that USCIS is uh very disoriented at what they do, but this letter was probably auto generated, and if it was auto generated, it should have been created based of my status as a resident, right?

Did you receive a 10 year green card?

 

Were you married for 2+ years on Resident Since date which is on your green card? I know you said you were married for over 2 years when you had AOS interview, but the reason why I am asking is to ensure Resident Since date is correct.

Edited January 3, 2023 by OldUser