AoS rejected, need advice

[Georgia16 2,858]

Who signed the kids petition and where? That could also be why

[AJ2019 58]

3 hours ago, Rola1010 said:

So I got my rejection notice yesterday so I have to wait a week to got my package right 

Yeah, based on when we got it back. Hopefully, there are any delays in your case. 

[Rola1010 1]

5 minutes ago, AJ2019 said:

Yeah, based on when we got it back. Hopefully, there are any delays in your case. 

Thank you so much for your help.

[erdosnew 6]

2 hours ago, AC&MH said:

Same exact rejection we got. 

 

Jerks had our package for over a month then rejected the whole thing and sent it back. 

 

Nothing was off on our forms as well.

 

I called the Call Center on 2 occasions and received a call back from a level 2 Officer who reviewed our information and the rejection notice and said the rejection was made in error.  She apologized and said she had unfortunately seen a lot of these issues from the Chicago lockbox. So this is a known problem.

 

Basically your only option is resubmit, as she told us.  I included another letter and evidence addressing the priority date nonsense, including copies of our approved i129f and every noa/letter we have received from USCIS/NVC/Embassy throughout the process.

 

I also separated the payments instead of using 1 CC form for both.

 

Well see what happens.  At this point I have zero confidence these idiots are the least bit competent.

 

Everyone is at the mercy of these people. 

 

Its merely a matter of luck whether your package gets accepted or not.  Matters not if you filled everything out correctly. You can and will still be rejected if you get the wrong person looking at your files.

 

Good luck....you will need it.

Same exact rejection we got. 

 

Jerks had our package for over a month then rejected the whole thing and sent it back. 

 

Nothing was off on our forms as well.

 

I called the Call Center on 2 occasions and received a call back from a level 2 Officer who reviewed our information and the rejection notice and said the rejection was made in error.  She apologized and said she had unfortunately seen a lot of these issues from the Chicago lockbox. So this is a known problem.

 

Basically your only option is resubmit, as she told us.  I included another letter and evidence addressing the priority date nonsense, including copies of our approved i129f and every noa/letter we have received from USCIS/NVC/Embassy throughout the process.

 

I also separated the payments instead of using 1 CC form for both.

 

Well see what happens.  At this point I have zero confidence these idiots are the least bit competent.

 

Everyone is at the mercy of these people. 

 

Its merely a matter of luck whether your package gets accepted or not.  Matters not if you filled everything out correctly. You can and will still be rejected if you get the wrong person looking at your files.

 

Good luck....you will need it.

 

 

Thank you for the reply!

 

We called and spoke to USCIS representative yesterday afternoon for our case, I read him the rejection notice and he went over the Part 2 of 485 form with me to make sure We checked the right category (family based k1/k2), but couldn't offer further help since he doesn't have access to the forms, he asked me to call back to request for a Level 2 representative.

 

After another call this morning with USCIS, I got a call back from Level 2 service rep.  After I read her what's on the I-797 NOA,  the lady asked me whether I filed I-130 as stated on i-797 NOA, I replied that I didn't and don't think that's applicable to our case since we're adjusting status based on K1/k2.  She suggested me to google 'Free Immigration Help' services and get help from them.  and couldn't offer anymore advice beyond that.   

 

I'm really confused on what to do next, should I do as USCIS suggested and get help with 'Free Immigration Help'?

 

[Ayrton 965]

58 minutes ago, erdosnew said:

 

 

Thank you for the reply!

 

We called and spoke to USCIS representative yesterday afternoon for our case, I read him the rejection notice and he went over the Part 2 of 485 form with me to make sure We checked the right category (family based k1/k2), but couldn't offer further help since he doesn't have access to the forms, he asked me to call back to request for a Level 2 representative.

 

After another call this morning with USCIS, I got a call back from Level 2 service rep.  After I read her what's on the I-797 NOA,  the lady asked me whether I filed I-130 as stated on i-797 NOA, I replied that I didn't and don't think that's applicable to our case since we're adjusting status based on K1/k2.  She suggested me to google 'Free Immigration Help' services and get help from them.  and couldn't offer anymore advice beyond that.   

 

I'm really confused on what to do next, should I do as USCIS suggested and get help with 'Free Immigration Help'?

 

USCIS Help Line is often called Misinformation Line. 

 

They won't know anything about your rejection. The real reason can only be given to you by the Lockbox. You can email them. 

 

Anyway, you shouldn't waste too much time trying to get a reason from them. Go over the package you sent, check everything. If you believe everything is correct, send everything again. I would suggest printing out the forms again to have the latest ones. You can always use the same evidence.

Edited July 17, 2020 by Ayrton

[Rola1010 1]

On 7/16/2020 at 1:19 PM, 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.

 

 

So I got my rejection notice on 7/16/20 so How long will take to Receive my package .

 

[Ayrton 965]

31 minutes ago, Rola1010 said:

So I got my rejection notice on 7/16/20 so How long will take to Receive my package .

 

•  

You already asked this question at least 5 times, and people already answered you. Nobody can say how long it's gonna take. For most people is about 1 to 2 weeks. But USPS can take as much time as they want to deliver the package at your place.

[erdosnew 6]

After going through our I-485 forms again, I just want to mention that we filled in the Priority date with Notice date from I-797 NOA2 for I-129F K1 application.

This is Part 2, item 13 on wife's form, and Part 2, item 18 on child's form.

 

It was mentioned on the forum that these fields should be leave as 'Not Applicable' for k1/k2 applicants,  Maybe USCIS rejected our case for the reason on i-797 NOA -  'your priority date could not established'?

 

 

Edited July 17, 2020 by erdosnew

[Ayrton 965]

18 minutes ago, erdosnew said:

After going through our I-485 forms again, I just want to mention that we filled in the Priority date with Notice date from I-797 NOA2 for I-129F K1 application.

This is Part 2, item 13 on wife's form, and Part 2, item 18 on child's form.

 

It was mentioned on the forum that these fields should be leave as 'Not Applicable' for k1/k2 applicants,  Maybe USCIS rejected our case for the reason on i-797 NOA -  'your priority date could not established'?

 

 

I've said before:

 

"Your priority date could not be established" is not the reason for rejection. It's the consequence.

 

Since your AOS package was "incomplete", they rejected it and couldn't establish a priority date for your AOS. It has nothing to do with the priority date from K1, which doesn't exist, but most people use NOA1 date. 

 

That sentence just means you need to start the AOS back from the beginning

 

Most people misunderstand that sentence.

Edited July 17, 2020 by Ayrton

[erdosnew 6]

6 minutes ago, Ayrton said:

I've said before:

 

"Your priority date could not be established" is not the reason for rejection. It's the consequence.

 

Since your AOS package was "incomplete", they rejected it and couldn't establish a priority date for your AOS. It has nothing to do with the priority date from K1, which doesn't exist, but most people use NOA1 date. 

 

That sentence just means you need to start the AOS back from the beginning

 

Most people misunderstand that sentence.

 

Thanks! 

We'll go through our application again and make sure they're in order.  I'm at a loss since USCIS didn't clarify on what could be the cause.  Also, as suggested, try to email lockbox for the reason of rejection.

 

[erdosnew 6]

On 7/17/2020 at 11:51 AM, Georgia16 said:

Who signed the kids petition and where? That could also be why

 

hi, thanks for the suggestion.

 

The child (9 yrs old) signed the following applications/forms we prepared for him:

I-485 (AoS)

I-944 (Declaration of Self-Sufficiency)

I-765 (EAD)

I-131 (AP)

 

I, as a USC sponsor, signed the forms both as interpreter and preparer. And signed the individual I-864 form prepared for the child.  The contact info are filled with my wife's phone/emails.

Did we do it right?

 

  

   

 

 

Edited July 18, 2020 by erdosnew

[Georgia16 2,858]

59 minutes ago, erdosnew said:

 

hi, thanks for the suggestion.

 

The child (9 yrs old) signed the following applications/forms we prepared for him:

I-485 (AoS)

I-944 (Declaration of Self-Sufficiency)

I-765 (EAD)

I-131 (AP)

 

I, as a USC sponsor, signed the forms both as interpreter and preparer. And signed the individual I-864 form prepared for the child.  The contact info are filled with my wife's phone/emails.

Did we do it right?

 

  

   

 

 

If under 14 the child’s parent sign in the box for the child. 

[erdosnew 6]

12 minutes ago, Georgia16 said:

If under 14 the child’s parent sign in the box for the child. 

 

thank you!  We'll make that correction.

 

I've read the instruction for I-130 form (petition for alien relative)  as stated in 797 NOA as requirement for k2,  to make sure it doesn't apply to our case.  Since both wife/child were admitted into US as k1/k2 visa holders, that seems to confirm our assumption that it doesn't apply.  

I'm considering to include a letter to explain that we're filing the AoS concurrently for wife and child on our AoS resubmit,  hence I-130 isn't required.  

 

 

 

[Georgia16 2,858]

4 minutes ago, erdosnew said:

 

thank you!  We'll make that correction.

 

I've read the instruction for I-130 form (petition for alien relative)  as stated in 797 NOA as requirement for k2,  to make sure it doesn't apply to our case.  Since both wife/child were admitted into US as k1/k2 visa holders, that seems to confirm our assumption that it doesn't apply.  

I'm considering to include a letter to explain that we're filing the AoS concurrently for wife and child on our AoS resubmit,  hence I-130 isn't required.  

 

 

 

No the I-130 have nothing to do with the K-1/2 so that’s not needed. 
but if the child signed and is under 14 then that’s probably why you got it back. 

[erdosnew 6]

2 minutes ago, Georgia16 said:

No the I-130 have nothing to do with the K-1/2 so that’s not needed. 
but if the child signed and is under 14 then that’s probably why you got it back. 

 

Thanks for the confirmation about I-130.

 

So my wife should sign on behalf of the child?  not signing her name but child's name, right?