I need help understanding my AOS rejection notice

[bencarlson66 7]

I submitted I485 for my wife who came here on a K1 visa. It was returned along with the attached letter.

I called because I was confused about where it says that payment was missing or incorrect because I included a check for $1225 (which they obviously saw because it came back with a stamp on it). It was confirmed that this is the correct amount and it was suggested that I send it again. 

So I sent it again, and to my absolute astonishment, it was returned again. 

 

Also confusing is where it says "based on the information you provided, your priority date could not be established."

My understanding is that a K1 visa does not have a priority date. I included the I797 approval for the K1 visa, but the location where a priority date would be is blank.

 

Please help.

[Ayrton 965]

3 minutes ago, bencarlson66 said:

I submitted I485 for my wife who came here on a K1 visa. It was returned along with the attached letter.

I called because I was confused about where it says that payment was missing or incorrect because I included a check for $1225 (which they obviously saw because it came back with a stamp on it). It was confirmed that this is the correct amount and it was suggested that I send it again. 

So I sent it again, and to my absolute astonishment, it was returned again. 

 

Also confusing is where it says "based on the information you provided, your priority date could not be established."

My understanding is that a K1 visa does not have a priority date. I included the I797 approval for the K1 visa, but the location where a priority date would be is blank.

 

Please help.

It's an issue with the payment. Is the check under your name or your spouses name? Did you use category C9 for EAD?

 

Everyone misread the priority date part of a rejection letter. It has nothing to do with the K1 priority date. It means that since your AOS was rejected, they couldn't stablish your priority date for AOS as of yet...

 

 

[bencarlson66 7]

58 minutes ago, Ayrton said:

It's an issue with the payment. Is the check under your name or your spouses name? Did you use category C9 for EAD?

 

Everyone misread the priority date part of a rejection letter. It has nothing to do with the K1 priority date. It means that since your AOS was rejected, they couldn't stablish your priority date for AOS as of yet...

 

 

The check was only under my name, because at the time I had not yet added her to my bank account. Would this cause it to be rejected?

I originally sent these forms with a g-1450, and I had the same letter.

I sent the I485, I765, I944, I864.

She is in her later 20's, therefore must pay the biometrics services fee.

$1225 is the correct amount?

[payxibka 10,045]

17 minutes ago, bencarlson66 said:

The check was only under my name, because at the time I had not yet added her to my bank account. Would this cause it to be rejected?

I originally sent these forms with a g-1450, and I had the same letter.

I sent the I485, I765, I944, I864.

She is in her later 20's, therefore must pay the biometrics services fee.

$1225 is the correct amount?

$1225 is correct.   Did you include the i797 from the i129f?  How did you respond to Part II, questions #1 & #2?

[Ayrton 965]

1 hour ago, bencarlson66 said:

The check was only under my name, because at the time I had not yet added her to my bank account. Would this cause it to be rejected?

I originally sent these forms with a g-1450, and I had the same letter.

I sent the I485, I765, I944, I864.

She is in her later 20's, therefore must pay the biometrics services fee.

$1225 is the correct amount?

What category did you use for EAD?

[payxibka 10,045]

If the issue was with the i765, then the i485 would have been accepted, and only the i765 would have been rejected 

[Ayrton 965]

30 minutes ago, payxibka said:

If the issue was with the i765, then the i485 would have been accepted, and only the i765 would have been rejected 

Two weeks ago there was a case where the whole package was rejected and the only mistake they could find was EAD category. So it's not impossible that this could be their mistake.

[bencarlson66 7]

1 hour ago, Ayrton said:

What category did you use for EAD?

A5 =(

[Ayrton 965]

11 minutes ago, bencarlson66 said:

A5 =(

There you go. Category for EAD for a pending AOS is C9.

 

Download the forms again, and be careful because they are releasing a new version of the 765.

Edited August 15, 2020 by Ayrton

[marianabrasil 25]

1 hour ago, bencarlson66 said:

A5 =(

Since you choose the wrong category, they understood that your check was on the wrong amount ( for that category you have to pay extra). Correct the category for C9 and send it again. 

[marianabrasil 25]

Don’t forget to check the new version of the form! If you send the old version you will be rejected again. 

[geowrian 22,337]

3 hours ago, marianabrasil said:

Since you choose the wrong category, they understood that your check was on the wrong amount ( for that category you have to pay extra). Correct the category for C9 and send it again. 

^ Bingo. (a)(5) requires payment for the I-765. (c)(9) dos not (until the fee change in October).

Since the payment was wrong for the forms filed, they rejected all of it. They don't break apart payments.

[NancyNguyen 1,657]

12 hours ago, bencarlson66 said:

I submitted I485 for my wife who came here on a K1 visa. It was returned along with the attached letter.

I called because I was confused about where it says that payment was missing or incorrect because I included a check for $1225 (which they obviously saw because it came back with a stamp on it). It was confirmed that this is the correct amount and it was suggested that I send it again. 

So I sent it again, and to my absolute astonishment, it was returned again. 

 

Also confusing is where it says "based on the information you provided, your priority date could not be established."

My understanding is that a K1 visa does not have a priority date. I included the I797 approval for the K1 visa, but the location where a priority date would be is blank.

 

Please help.

How could you input A(5) when it clearly states "Granted Asylee"? 

[HRQX 4,145]

3 hours ago, geowrian said:

(c)(9) dos not (until the fee change in October).

Just a note that C9 renewals will remain free for those that file I-485 (and pay full I-485 fee) before 10/02/20:

 

3 hours ago, geowrian said:

(a)(5) requires payment for the I-765.

And A5 is for Asylee: https://www.uscis.gov/working-in-the-united-states/information-for-employers-and-employees/employer-information/employment-authorization Don't know why OP tried to use it.

[DaveAndAnastasia 2,092]

47 minutes ago, NancyNguyen said:

How could you input A(5) when it clearly states "Granted Asylee"? 

That was almost certainly a typo for A(6) which is very common for people adjusting from a K-1 to choose incorrectly.