AoS rejected, need advice

[erdosnew 6]

Hi, our AoS package ((received on 6/15 by USCIS) was rejected  and returned on 7/13, this is our second rejection.

We included updated I-485 forms and I-944 forms for both my wife (k1) and her child (k2), they both entered the U.S. at the same time in last December.  We also included the NoA approval letter for 129F petition for K1 visa along with AoS,  the  rejection notice (797)  is for k2 child, my wife's rejection notice refers back to her child's notice.  Stated reason is 'Priority date could not be established etc'    Do i need to submit I-130 form?

 

Attached rejection notice for K2 applicant, advice is appreciated.

 

 

Edited July 16, 2020 by erdosnew

[aaron2020 11,651]

Did you get marry after her first 90 days in the US?

 

When did they enter the US?  Exact date.

When did you get marry?  Exact date.

[Pinkrlion 2,724]

What are you selecting on I-485 as the reason for filing AOS?  

[Liam2021 583]

Did you check box 2c on I-485?

[JFH 12,190]

Timeline matters! When did you get married?

[erdosnew 6]

37 minutes ago, aaron2020 said:

Did you get marry after her first 90 days in the US?

 

When did they enter the US?  Exact date.

When did you get marry?  Exact date.

 

They entered U.S. on 12/12/19, and we're married on 01/06/20.  We first filed AoS on 05/06 and was rejected on 05/14 for using outdated i-485 forms.

We resubmitted AoS with new I-485 form and I-944 forms on 6/13 (received by USCIS on 6/15).  

[erdosnew 6]

32 minutes ago, H&T said:

Did you check box 2c on I-485?

We checked Box 2c on both I-485 forms for my wife and her child (child is 9 yrs old).

[igoyougoduke 1,656]

58 minutes ago, erdosnew said:

Hi, our AoS package ((received on 6/15 by USCIS) was rejected  and returned on 7/13, this is our second rejection.

We included updated I-485 forms and I-944 forms for both my wife (k1) and her child (k2), they both entered the U.S. at the same time in last December.  We also included the NoA approval letter for 129F petition for K1 visa along with AoS,  the  rejection notice (797)  is for k2 child, my wife's rejection notice refers back to her child's notice.  Stated reason is 'Priority date could not be established etc'    Do i need to submit I-130 form?

 

Attached rejection notice for K2 applicant, advice is appreciated.

 

 

seems like a wrongful rejection. This happens all the time 

Edited July 16, 2020 by James120383

[payxibka 10,045]

Just now, James120383 said:

Did you file I-130 together with I-485 or filed separately in different mail packages 

Since when does a k1 that married within the 90 days need an i130 ?

[erdosnew 6]

38 minutes ago, Pinkrlion said:

What are you selecting on I-485 as the reason for filing AOS?  

Family base box 2(c) on page 3 of I-485,  on wife's form, checked  'principal applicant' for Part 2-1, on child's form, as 'derivative applicant' for Part 2-1. 

[Ayrton 965]

3 hours ago, erdosnew said:

Hi, our AoS package ((received on 6/15 by USCIS) was rejected  and returned on 7/13, this is our second rejection.

We included updated I-485 forms and I-944 forms for both my wife (k1) and her child (k2), they both entered the U.S. at the same time in last December.  We also included the NoA approval letter for 129F petition for K1 visa along with AoS,  the  rejection notice (797)  is for k2 child, my wife's rejection notice refers back to her child's notice.  Stated reason is 'Priority date could not be established etc'    Do i need to submit I-130 form?

 

Attached rejection notice for K2 applicant, advice is appreciated.

 

 

"Priority date could not be established" is not the reason for your rejection, it's the consequence. 

 

99% of rejection letters are generic. They don't specify the correct reason for rejection. You're gonna have to go through your entire application and find the issue.

 

- Check the edition date of the forms again.

- Check the Part 2, question 2 for form 485.

- Check the category for EAD form.

- Check the payment used and the amount send. The USCIS website says that each application should have their own form of payment. Even though a lot people put everything in one check, money order, credit card, and are accepted, that could be the reason for your rejection.

- A lot of K2s have been rejected lately, pretty much an issue with using only one 864, instead of one for each. Check that as well.

[Allaboutwaiting 2,503]

The letter mentions the I-864 and you didn't mention including it. 

So it seems you forgot the EXTREMELY important affidavit of support. 

[erdosnew 6]

1 hour ago, Allaboutwaiting said:

The letter mentions the I-864 and you didn't mention including it. 

So it seems you forgot the EXTREMELY important affidavit of support. 

 

HI, my bad of not mentioning it.   We included both I-944 and I-864 forms in the application, for both my wife and her child.  Yes, we combined the payment in one check of $1975 ($1140 + 85 biometric for wife, $750 for child under 14). we filed for I-131 travel and I-765 employment concurrently. 

 

Box 2c were checked,  Part 2, box 1 was marked 'Principal applicant' for wife, and 'Derivative applicant' for the child.  

 

Part 2, 11  'are you applying for adjustment based on the Immigration and Nationality Act (INA) section 240(i),  were marked 'NO' on both I-485 forms.  

Edited July 16, 2020 by erdosnew

[Ayrton 965]

27 minutes ago, erdosnew said:

 

HI, my bad of not mentioning it.   We included both I-944 and I-864 forms in the application, for both my wife and her child.  Yes, we combined the payment in one check of $1975 ($1140 + 85 biometric for wife, $750 for child under 14). we filed for I-131 travel and I-765 employment concurrently. 

 

Box 2c were checked,  Part 2, box 1 was marked 'Principal applicant' for wife, and 'Derivative applicant' for the child.  

 

Part 2, 11  'are you applying for adjustment based on the Immigration and Nationality Act (INA) section 240(i),  were marked 'NO' on both I-485 forms.  

Did you use (c)(9) for EAD?

[Allaboutwaiting 2,503]

So you did include an I-944 for each+evidence and an I-864 for each+evidence.

And checked all the necessary boxes correctly. And the info on the underlying petition -I-129f- was included on both I-485, correct? 

 

Honestly, I have no clue why it could have been rejected.

But there is something off, as they mention an I-130 on the rejection notice. 

 

16 minutes ago, Ayrton said:

Did you use (c)(9) for EAD?

Filing under another category on the I-765 would not cause a rejection of the whole AOS package, but just the work authorization.

Edited July 16, 2020 by Allaboutwaiting