AOS -k1 visa REJECTED AUG 2020 HELP!!!!

[Dodorina 6]

Hello Everyone

I am under a K1 visa, I arrived the USA  june the 2nd, got married in June 30 and sent my AOS packet on August 10 th! now....My AOS packet got rejected, I received it today, a couple hours ago actually... 

INCREDIBLY.... I FORGOT TO SIGN THE MAIN APPLICATION!!!!  I PUT TOO MUCH CARE in other details but forgot the most important! 

Questions

1. There is also a part of my rejection Notice (attached) that reads  "Based on the information you provided, your priority date could not be established. Please resubmit your application with the proper documentation to the address listed at the bottom of this notice."Then there's a list of documents that may be provided, which include I-130, I-140, I-360 or an I-797 if one of those or an I-526 has already been filed or approved . i AM A K1 VISA HOLDER AND SUBMITTED MY NOA1 and NOA 2. so I am not sure if they are requiring something here! can someone help?

 

2. my  Visa K1 visa time expires this sunday the 30th! * the 90 days!  so Im sending the packet AGAIN tomorrow at first hour so it can be received on Friday 28th!  if it gets received before the 30th do you think I will face any problems date related????  im so scared!!!

 

3. the packet came back with forms and supporting docs stappled& grouped in a logic that I cannot understand, but I guess USCIS does and with printed codes/numbers in the bottom of all pages.  I have been reading in different posts that I can resubmit (in this case I will be just signing the form I-485)  without reassembling it as the original submision but instead I can just send it as it is stapled. (I just need to place the green page on top) what do you recommend?  someone with a simmilar experience?

 

4. I sent the original submission via USPS, and USCIS is asking me to re send the new submission to the same Address, I was wondering if I can Use UPS or FEDEX to send the packet as URGENT to the USPS ADDRESS!  or should I stick with sending it via USPS?? I just want to make sure it arrives on time to the POBOX!

 

thank you very much! looking forward for prompt advice! 

 

85

[geowrian 22,337]

1) It could be just due to the fact that they rejected the I-485. That said, make sure you completed all parts of the I-485 correct. In particular, you should check box 2.c in Part 2 ("Individual admitted to the United States as a fiancé(e) or child of a fiancé(e) of a U.S. citizen, Form I-129F (K-1/K-2 Nonimmigrant)").

 

2) No. 1) Date physical received is what matters for the filing date, and 2) Overstay as the spouse of a USC is not  a bar for AOS purposes.

The main issue is you won' t have evidence of your authorized stay until the NOA1 arrives, in the very rare case that you run into ICE.

 

3) The same order is fine, with that one page on top. NOTE: A new I-765 form was just released. Make sure you use the new form when refiling. They will not accept the old one.

 

4) it is a brand new filing. Use the current address for filing the I-485 for the mail service you select.

https://www.uscis.gov/i-485-addresses

Quote

USCIS Chicago Lockbox

For U.S. Postal Service (USPS):

USCIS
PO Box 805887
Chicago, IL 60680-4120

For FedEx, UPS, and DHL deliveries:

USCIS
Attn: FBAS
131 South Dearborn - 3rd Floor
Chicago, IL 60603-5517

I would not suggest sending via UPS/FedEx/DHL to the USPS-only address. Namely, I don't believe they deliver to PO boxes.

[onlyme 21]

don't worry about the 90 days, i get here in Feb 16 get married in March 20, because i didn't have my vaccine in my home country i was waiting to get them after the shutdown of COVID, so i did it in mid June and send my package in July 27 and got my NOAs 12 says ago.

so don't worry about the 90 days it's just to get married in it  

 

and send it with UPS, USPS take so long recently 

Edited August 27, 2020 by onlyme
add some other info

[Letspaintcookies 2,310]

5 hours ago, onlyme said:

don't worry about the 90 days, i get here in Feb 16 get married in March 20, because i didn't have my vaccine in my home country i was waiting to get them after the shutdown of COVID, so i did it in mid June and send my package in July 27 and got my NOAs 12 says ago.

so don't worry about the 90 days it's just to get married in it  

 

and send it with UPS, USPS take so long recently 

You do know that it wasn't necessary to send the medical with the initial application, right? You could have applied in March and bring the medical to the interview. 

[geowrian 22,337]

6 hours ago, onlyme said:

so don't worry about the 90 days it's just to get married in it  

Not exactly. It's 90 days to both marry and 90 days legal status in the US. After 90 days, you are overstaying just like anybody else that overstays a visa.

Overstay is not a bar for AOS as the spouse of a USC, so it won't impact AOS filing.

At the same time, after 90 days and until filing for AOS, one is subject to removal just like anybody that overstays. It's very unlikely, but does happen:

https://www.visajourney.com/forums/topic/706560-beware-bad-information-on-aos-deadline-for-k1-fresh-out-of-jail/

https://www.visajourney.com/forums/topic/712332-k1-visa-ice-came-to-my-house/

 

Edited August 27, 2020 by geowrian

[Dodorina 6]

10 hours ago, geowrian said:

1) It could be just due to the fact that they rejected the I-485. That said, make sure you completed all parts of the I-485 correct. In particular, you should check box 2.c in Part 2 ("Individual admitted to the United States as a fiancé(e) or child of a fiancé(e) of a U.S. citizen, Form I-129F (K-1/K-2 Nonimmigrant)").

 

2) No. 1) Date physical received is what matters for the filing date, and 2) Overstay as the spouse of a USC is not  a bar for AOS purposes.

The main issue is you won' t have evidence of your authorized stay until the NOA1 arrives, in the very rare case that you run into ICE.

 

3) The same order is fine, with that one page on top. NOTE: A new I-765 form was just released. Make sure you use the new form when refiling. They will not accept the old one.

 

4) it is a brand new filing. Use the current address for filing the I-485 for the mail service you select.

https://www.uscis.gov/i-485-addresses

I would not suggest sending via UPS/FedEx/DHL to the USPS-only address. Namely, I don't believe they deliver to PO boxes.

thanks for the detailed answer!!!!!!!!!!!

USCIS  IS ACTUALLY ASKING ME TO SEND IT BACK TO THE USPS PO BOX (that were I originally submited to)  SEE:

I dont know if using another method could possibly mess with the application! I also thisnk USPS takes longer than other services!

[geowrian 22,337]

14 minutes ago, Dani Trail said:

thanks for the detailed answer!!!!!!!!!!!

USCIS  IS ACTUALLY ASKING ME TO SEND IT BACK TO THE USPS PO BOX (that were I originally submited to)  SEE:

I dont know if using another method could possibly mess with the application! I also thisnk USPS takes longer than other services!

I think it's more just repeating the address. It is a new filing and would follow the rules for a new filing.

USPS service in the Chicago area right now is not in good shape. There's a lot of reports of issues with delays and mail bouncing around before reaching the right place. Normally it's fine, but right now it may be better to use another service IMO.

As noted, generally UPS and FedEx won't deliver to a PO Box (only certain services that kick back to USPS for the last leg of delivery support this). So you would have to use the other address if sending via those couriers.

[Dodorina 6]

1 hour ago, geowrian said:

I think it's more just repeating the address. It is a new filing and would follow the rules for a new filing.

USPS service in the Chicago area right now is not in good shape. There's a lot of reports of issues with delays and mail bouncing around before reaching the right place. Normally it's fine, but right now it may be better to use another service IMO.

As noted, generally UPS and FedEx won't deliver to a PO Box (only certain services that kick back to USPS for the last leg of delivery support this). So you would have to use the other address if sending via those couriers.

I decided to send it UPS as suggested.  I used the adress 131 South Dearborn and sent it next day air!  hope it makes it tomorrow. 

thanks for metioning about the new form I-765 I also had the chance to include the most recent one!

 

[Crazy Cat 41,888]

12 hours ago, onlyme said:

so don't worry about the 90 days it's just to get married in it

You might be interested in this:  There are no benefits in waiting until after 90 days of entry.  This member spent at least 5 weeks in jail for failing to file her Adjustment of Status package within 90 days of arrival in the US..Apologies to @geowrian .  I didn't see the link above....

 

Edited August 27, 2020 by Lucky Cat

[Lucky2Lucky 2,526]

3 hours ago, Dani Trail said:

I decided to send it UPS as suggested.  I used the adress 131 South Dearborn and sent it next day air!  hope it makes it tomorrow. 

thanks for metioning about the new form I-765 I also had the chance to include the most recent one!

 

You could have done USPS overnight and if it’s not delivered the next day you get your money back.

Edited August 27, 2020 by Luckycuds

[badwolfxi 56]

47 minutes ago, Luckycuds said:

You could have done USPS overnight and if it’s not delivered the next day you get your money back.

"your package is moving within the USPS network and will arrive on time"

...1 day later...

"your package is in transit to the destination facility and will arrive on time"

...1 day later...

"your package is in transit to the destination facility and will arrive on time"

...1 day later

"your package is in transit to the destination facility and will arrive on time"

...1 day later

"your package will be arriving late."

 

state of USPS right now. I think it was a good idea for OP to send with UPS instead.

[dwheels76 5,468]

Did you also include your I-94 to show when you entered. That is required.

 

https://i94.cbp.dhs.gov/I94/#/home

[Dodorina 6]

45 minutes ago, dwheels76 said:

Did you also include your I-94 to show when you entered. That is required.

 

https://i94.cbp.dhs.gov/I94/#/home

I did!!!! I sent 3 copies of it.  one for I-485, another with I-765 lastly one for I-131!

[Dodorina 6]

1 hour ago, badwolfxi said:

"your package is moving within the USPS network and will arrive on time"

...1 day later...

"your package is in transit to the destination facility and will arrive on time"

...1 day later...

"your package is in transit to the destination facility and will arrive on time"

...1 day later

"your package is in transit to the destination facility and will arrive on time"

...1 day later

"your package will be arriving late."

 

state of USPS right now. I think it was a good idea for OP to send with UPS instead.

great!!!! GOOD TO KNOW.  I experienced something like that on my original submission, it was a USPS second day delivery and it ENDED UP turning into a 5 day delivery!

UPS was expensive!  but in this case, I needed to try everything to make it arrive on time!  I hope it will.  I will let you know how UPS ends up working!

[geowrian 22,337]

14 minutes ago, Dani Trail said:

great!!!! GOOD TO KNOW.  I experienced something like that on my original submission, it was a USPS second day delivery and it ENDED UP turning into a 5 day delivery!

UPS was expensive!  but in this case, I needed to try everything to make it arrive on time!  I hope it will.  I will let you know how UPS ends up working!

I'd probably have gone with UPS or FedEx myself for Chicago right now.

Full disclosure, I am a contractor who has worked on USPS projects. Normally they are fine, and most locations would be fine. But Chicago is just a mess right now IMHO.