Denied AOS

[ana ny mo 14]

so it means that I can fill up the form under my info ? thank you

[powerpuff 6,697]

5 minutes ago, mhai2022 said:

so it means that I can fill up the form under my info ? thank you

You have to. You’re the applicant.

[Family 3,988]

4 hours ago, mhai2022 said:

so it means that I can fill up the form under my info ? thank you

You will lose your $675 even if you correctly fill out the I-290 B

..( yes your name and correct option would be box f. that says “ I am filing both a motion to reopen and motion to re-consider)…

because you CANNOT overcome the denial and it’s too late to argue RFE was issued in error…( because they need to look better to find copies u already sent ..argument?) 
 

Denial is because you sent in incomplete RFE and will be sustained on both motions . I would encourage you to do I-290 B only if I was looking at a FOIA copy of what you sent the first time …because it’s very possible that one little page of marriage certificate did not make to USCIS.

 

Do yourself a favor and refile the I-485. 
 

And don’t feel bad, its a big process and sometimes one page gets lost in the shuffle either in our copying machine or USCIS mailroom…

 

Congrats on baby!!!!

 

 

 

[ana ny mo 14]

12 hours ago, powerpuff said:

~~ Topic moved from K1 forum to AOS K1 ~~
 

On what grounds are you going to file an appeal? USCIS did not make an error in this case

what if I use immigration lawyer for it?

[ana ny mo 14]

1 hour ago, Family said:

You will lose your $675 even if you correctly fill out the I-290 B

..( yes your name and correct option would be box f. that says “ I am filing both a motion to reopen and motion to re-consider)…

because you CANNOT overcome the denial and it’s too late to argue RFE was issued in error…( because they need to look better to find copies u already sent ..argument?) 
 

Denial is because you sent in incomplete RFE and will be sustained on both motions . I would encourage you to do I-290 B only if I was looking at a FOIA copy of what you sent the first time …because it’s very possible that one little page of marriage certificate did not make to USCIS.

 

Do yourself a favor and refile the I-485. 
 

And don’t feel bad, its a big process and sometimes one page gets lost in the shuffle either in our copying machine or USCIS mailroom…

 

Congrats on baby!!!!

 

 

 

is it okay If I will use immigration to file my motion?

[SalishSea 17,828]

2 minutes ago, mhai2022 said:

what if I use immigration lawyer for it?

Immigration lawyer can't change immigration law.

[ana ny mo 14]

Just now, Jorgedig said:

Immigration lawyer can't change immigration law.

the lawyer said to me that I sent the MC already during the first time I applied for AOS but why they still asking for it again. He said that's their mistake.

[SalishSea 17,828]

Just now, mhai2022 said:

the lawyer said to me that I sent the MC already during the first time I applied for AOS but why they still asking for it again. He said that's their mistake.

But you did not respond to the RFE, right?

[Family 3,988]

23 minutes ago, mhai2022 said:

the lawyer said to me that I sent the MC already during the first time I applied for AOS but why they still asking for it again. He said that's their mistake.

I stand by my position…and now it will cost $ 675 plus attorney fee…

 

There is a recent post titled…. I-485 denied ,  ( I think ) who can share his recent experience similar to yours 

and I believe he paid $2k to an attorney just to file I-290 B ( same denial based on failure to respond to RFE . Just so u are clear, partial response is equal to no response. 
 

 

[Family 3,988]

Hopefully @dominodancing sees your post and offers his 2 cents so you save yourself $2k

[powerpuff 6,697]

7 hours ago, mhai2022 said:

what if I use immigration lawyer for it?

You can, I’m sure an immigration lawyer will be happy to make money. But I’m confused because you said you can’t pay for a new I-485, yet you want to spend thousands of dollars to retain a lawyer. Perhaps you’re not acquainted with how much they charge.

[ana ny mo 14]

46 minutes ago, powerpuff said:

You can, I’m sure an immigration lawyer will be happy to make money. But I’m confused because you said you can’t pay for a new I-485, yet you want to spend thousands of dollars to retain a lawyer. Perhaps you’re not acquainted with how much they charge.

We are about to use credit card. Because we are having a hope maybe we can seek for the lawyer's help.

[powerpuff 6,697]

1 minute ago, mhai2022 said:

We are about to use credit card. Because we are having a hope maybe we can seek for the lawyer's help.

Your choice. I still don’t understand why spend X thousands of $ on something that may not work and is uncertain, versus spending $1,200 on a newly put petition that has a much higher chance of working out favorably. But as I said it’s a your decision, I wish you luck 

[ana ny mo 14]

1 minute ago, powerpuff said:

Your choice. I still don’t understand why spend X thousands of $ on something that may not work and is uncertain, versus spending $1,200 on a newly put petition that has a much higher chance of working out favorably. But as I said it’s a your decision, I wish you luck 

The lawyer already deducted it on the credit card

Just now, mhai2022 said:

The lawyer already deducted it on the credit card

the partial payment 

[arken 4,197]

7 hours ago, mhai2022 said:

the lawyer said to me that I sent the MC already during the first time I applied for AOS but why they still asking for it again. He said that's their mistake.

 

6 minutes ago, mhai2022 said:

We are about to use credit card. Because we are having a hope maybe we can seek for the lawyer's help.

 

Even if a sympathetic immigration judge rules in your favor eventually, why do you wanna waste more than 2K with the risk and wait time of 6 months or more (could be even much longer for court availability) when you can easily get the GC by filing a new i485 withiut a lawyer for $1K. 
 

Spend more than 2K for motion to reopen with a lawyer: Likely denied, some chances of approval

 

Spend 1K on i485- Will be approved

 

I am not sure why is there a dilemma?

 

 

Edited July 14, 2022 by arken