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Jonathan686 Rookie

Jonathan686   0

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My adjustment of status application got rejected. I filed under my Q-1 visa which was active at the time however it has expired now. Does anyone know if I have to redo the forms all over again as I am no longer on a visa? Or can I just make the adjustment on one of the forms and file again? 

Boiler Grand Master

Boiler   45,898

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Filed: K-1 Visa Country: Wales
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On what basis were you adjusting and why was it refused?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

designguy Proficient

designguy   1,179

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If your application was rejected you have to start from scratch. There is no sending them an updated page.  Your adjustment has nothing to do with your Q-1 as that is a non immigrant visa 

 

I might be wrong but I think you need to pay the fee again as well

Edited by designguy
DELETEME1234 Collaborator

DELETEME1234   208

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40 minutes ago, paulyt22 said:

Yes that’s correct 

In that case you can file again. Being out of status isn’t an issue since it’s forgiven because your spouse is an USC. 

 

Be sure to carefully answer your I-485 according to the current situation though. You don’t want to be denied on a technicality. So if you’re currently out of status, answer on the form that you’ve violated the terms of your visa (or something of the sorts, don’t have the form in front of me) and then explain on the last page your situation. 
 

Good luck!

 

 

ETA: To answer your original question, yes you’ll have to do it all over again based on your current situation as if you never filed. 

Edited by Poseidon1212
Jonathan686 Rookie

Jonathan686   0

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6 minutes ago, Poseidon1212 said:

In that case you can file again. Being out of status isn’t an issue since it’s forgiven because your spouse is an USC. 

 

Be sure to carefully answer your I-485 according to the current situation though. You don’t want to be denied on a technicality. So if you’re currently out of status, answer on the form that you’ve violated the terms of your visa (or something of the sorts, don’t have the form in front of me) and then explain on the last page your situation. 
 

Good luck!

Okay so I’d have to start from scratch? Also do you know if the new public change rule that went in to effect on February 24th would effect anything? 

DELETEME1234 Collaborator

DELETEME1234   208

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Just now, paulyt22 said:

Okay so I’d have to start from scratch? Also do you know if the new public change rule that went in to effect on February 24th would effect anything? 

Yes you’ll have to start from scratch as if you never filed. This also means the public charge rule applies to your case and you’ll have to use the updated forms including I-944. 

Boiler Grand Master

Boiler   45,898

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Filed: K-1 Visa Country: Wales
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Posted

Lack of evidence of bonafide marriage seems a bigger issue, yes you will have another form to fill in.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Scandi Mentor

Scandi   4,176

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Filed: K-1 Visa Country: Sweden
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HUGE difference between a rejection and a denial. 

K-1: 12-22-2015 - 09-07-2016

AP: 12-20-2016 - 04-07-2017

EAD: 01-18-2017 - 05-30-2017

AOS: 12-20-2016 - 07-26-2017

ROC: 04-22-2019 - 04-22-2020
Naturalization: 05-01-2020 - 03-16-2021

U.S. passport: 03-30-2021 - 05-08-2021

En livstid i krig. Göteborg killed it. Epic:
https://www.youtube.com/watch?v=WBs3G1PvyfM&ab_channel=Sabaton

 

geowrian Grand Master

geowrian   22,338

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Filed: Lift. Cond. (pnd) Country: Philippines
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20 minutes ago, Cndn said:

What is the huge difference? 

Rejection is when you first file but it is not accepted and returned. The payment is never redeemed. Eligibility for the benefit is never adjudicated. It's usually due to things like missing signatures, wrong payment, etc. Basically, the packet was improperly filed and returned.

 

A denial is when the filing is complete but they determine that you are not eligible for the benefit. Payment is processed. Somebody reviewed the contents of the filing and determined ineligibility.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 
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