Questions: Concurrently filed I-485 for K-2 rejected

[uapilot 68]

Hey all,

 

We sent the AOS packet for both my wife and step-daughter together. My wife's part of it was accepted, but the portions for my step-daughter were taken out and sent back with a Rejection Notice.

 

Based on the letter below, what I'm guessing was missing was that they wanted a copy of the I-129F packet as with the approval stamp on it. I'm assuming this because even though I sent in two copies of the I-797 for the K-1 approval, the I-797 doesn't actual mention my step-daughter's name on it anywhere. The I-129F packet, on the other hand, does.

 

I had a few questions that I couldn't find answers to across the forum:

• Is my above assumption correct? They want a copy of the approved I-129F?
• Now that the packets have been separated, is this no longer a concurrent filing? Does that mean I have to pay $1140 for my stepdaughter instead of $750? (she's under 14)
• They tore open the I-693 envelope. I'm really hoping this doesn't mean we have to get a sealed med exam again (she only did the vaccination worksheet part). It looks like all the papers I sent them were scanned in (they have serial numbers and timestamps lightly printed at the bottom of each page now) so maybe that means the information is in their system for those documents?
• They returned the singular copy of the marriage license record I sent in for both applications, but they didn't return the Affidavit of Support. To be safe, I'm thinking I should probably send a new one in, right?

[uapilot 68]

Did some research and will post here for posterity.

 

What they mean is that they can't figure out what the priority date is for the original I-129F. Despite the fact that I included the I-797 NOA2 for the I-129F, it doesn't contain the K-2's name on it. The original I-129F also has a different spelling of K-2's name. And of course, I also didn't fill out the priority date on the K-2's I-485. For this part, I added the priority date and added a copy of the approved I-129F to the packet.

 

Spoke to the contact center. It's not clear to me whether it's still a concurrent filing after resubmission, but the filing fee remains at $750.

 

Regarding I-693, they couldn't give a concrete answer, but gave me the tidbit of advice that I-797C instructions are usually very specific, meaning that if it doesn't mention the medical, I shouldn't do anything further with it. So I resubmitted with the medical folder in its disassembled form.

 

Still not clear to me about the I-864. Most sources are saying that you still only need it for the principal applicant. I filled out a new one and submitted it just in case. Better safe than sorry.

 

We'll see how this goes. I'll try to update with results if I remember to. Or check my timeline comments.

Edited August 2, 2021 by uapilot

[Ayrton 965]

1 hour ago, uapilot said:

Did some research and will post here for posterity.

 

What they mean is that they can't figure out what the priority date is for the original I-129F. Despite the fact that I included the I-797 NOA2 for the I-129F, it doesn't contain the K-2's name on it. The original I-129F also has a different spelling of K-2's name. And of course, I also didn't fill out the priority date on the K-2's I-485. For this part, I added the priority date and added a copy of the approved I-129F to the packet.

 

Spoke to the contact center. It's not clear to me whether it's still a concurrent filing after resubmission, but the filing fee remains at $750.

 

Regarding I-693, they couldn't give a concrete answer, but gave me the tidbit of advice that I-797C instructions are usually very specific, meaning that if it doesn't mention the medical, I shouldn't do anything further with it. So I resubmitted with the medical folder in its disassembled form.

 

Still not clear to me about the I-864. Most sources are saying that you still only need it for the principal applicant. I filled out a new one and submitted it just in case. Better safe than sorry.

 

We'll see how this goes. I'll try to update with results if I remember to. Or check my timeline comments.

This is the most generic letter you could get. The priority date sentence on the letter is the consequence of the rejection, not the reason of the rejection. A lot of people think like you when they receive this rejection letter. In theory K visa doesn't have a priority date, so not having the date shouldn't be the problem.

 

Lots of K2 were rejected last year and this year because they didn't have their own 864. There are a couple posts explaining exactly how to fill out the 864 for K2.

 

What did you select for the Part 2, Question 1a? Did you fill out Part 2, Question 5 with the k1 information? That's how they should link the applications. I would also send a copy of the K1 AOS NOA 1.