AOS DENIAL

[K1visaHopeful 2,858]

1 minute ago, Carl. said:

But some get RFE and some don't 

If you read the link it tells you USCIS has given its adjudicators the option to make their own decisions on the matter.

Very possible yours came across an adjudicator's desk who was tired of ppl not following the rules and submitting the required documents.

[Carl. 45]

1 minute ago, K1visaHopeful said:

If you read the link it tells you USCIS has given its adjudicators the option to make their own decisions on the matter.

Very possible yours came across an adjudicator's desk who was tired of ppl not following the rules and submitting the required documents.

It was a costly mistake of not following the rules. One which we will rectify on the new application. 

[K1visaHopeful 2,858]

4 minutes ago, Carl. said:

It was a costly mistake of not following the rules. One which we will rectify on the new application. 

Good call and good luck.

[K + M 47]

5 hours ago, K1visaHopeful said:

If you read the link it tells you USCIS has given its adjudicators the option to make their own decisions on the matter.

Very possible yours came across an adjudicator's desk who was tired of ppl not following the rules and submitting the required documents.

5 hours ago, Carl. said:

But some get RFE and some don't 

Both of these hold very true, when we did the AOS for my wife we got issued RFE for I-864, they wanted tax documents which we forgot to submit, so we submitted all that, got a joint-sponsor, fixed our mistakes, sent it in and was smooth sailing.

 

But I agree with others, best option here is to refile with the new appropriate forms, good luck.

[cd37 229]

7 hours ago, Carl. said:

But some get RFE and some don't 

I 864 is a basic requirement for aos application. They could have thought that it was an attempt to get into line by filling incomplete application package. Refile again asap.

[K1visaHopeful 2,858]

3 hours ago, Kerri and Myles said:

Both of these hold very true, when we did the AOS for my wife we got issued RFE for I-864, they wanted tax documents which we forgot to submit, so we submitted all that, got a joint-sponsor, fixed our mistakes, sent it in and was smooth sailing.

 

But I agree with others, best option here is to refile with the new appropriate forms, good luck.

Not understanding what supporting documents you needed to submit with your I864 is much different than not submitting an I864 at all. 

[Sarge2155 4,590]

10 hours ago, Carl. said:

But some get RFE and some don't 

Yes true but it depends on the person reviewing the case, its basically up to them whether they deny or RFE.

[Nitas_man 3,100]

19 hours ago, Carl. said:

Hi everyone,

I'm looking for some help. I came to the US on the 11th July 2019 and married on the 19th July 2019, we filed AOS Aug 21st 2019. I had a biometric appointment in September and since had no updates until this week. We got denied based on not including the I-864. 

I'm basically asking what should we do now? I know we can't appeal and know it was our mistake but we know of a couple of cases who have had a RFE for missing evidence, we didn't even get that, just a straight up denial. 

 

Any help during this stressful and worrying time would be very much appreciated

Refile with a new package.

[Calicolom 266]

18 hours ago, Carl. said:

It was a costly mistake of not following the rules. One which we will rectify on the new application. 

Before a pilot flies his plane, he has a checklist. This was the first thing I did, on our immigration journey. Make a checklist. Computer and word processing comes in handy.

[SalishSea 17,980]

On 3/28/2020 at 12:55 PM, Sami58 said:

Same thing happened to me. Mine was denied July 2019 for failure to submit i864. I did not appeal. I just refilled the whole application In August  and now I have my interview scheduled for next month (but that would most likely get rescheduled) 

Wouldn't have been a basis for an appeal anyway, since it was not their error.....

[Sami58 17]

4 hours ago, Jorgedig said:

Wouldn't have been a basis for an appeal anyway, since it was not their error.....

I could’ve appealed by submitting the i864. I know two people who did and their case was reopened but it took a long while to happen and I was not prepared to wait so long. 

[K1visaHopeful 2,858]

2 hours ago, Sami58 said:

I could’ve appealed by submitting the i864. I know two people who did and their case was reopened but it took a long while to happen and I was not prepared to wait so long. 

That's not an apppeal. 

That's a motion to reopen.

If you appealed they would not accept any new facts on your case. In an appeal, a different officer examines your case as is. 

[geowrian 22,337]

An MTR is possible, but it's rolling the dice. They are not obligated to reopen the case.

[mydas28 19]

I posted this on a different post before but i think it should help you as well.

 

So this is what happened with my friend.

 

My friend got married to her fiance who came to the US after waiting for 14 months for his K1 visa. A little back-story about what happened with them. They were expecting a baby boy in early 2018 but unfortunately she had a miscarriage in Oct 2017 and she had to leave the country (NZL) in Nov 2017 because her visa expired. But they still stuck through this hard time and he finally arrived in Jan 2019 and they got married in Feb 2019. They concurrent filed for i-485, -i-130, i-131 and i-765 in Feb 2019, a week after getting married. There was no update in the status of any application until Oct 2019, when they were given another setback of their i-485 being denied because it was apparently missing i-864 form. Now, she wasn't sure about if she missed the form completely from her packet or if she even filled it out in the first place (she did not have a copy of her application packet). They immediately hired an immigration lawyer (charged only around $500) and refiled all their applications again a week after getting the notice of denial from USCIS in mail. On Feb 14 2020, almost 2 years and 4 months since first filing their application for K1 visa, they were notified by USCIS that their i-485 was ready to be scheduled for interview and they got their EAD and AP approved too!!

[Carl. 45]

We will refile. Thank you everyone for your advice