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Filed: K-1 Visa Country: Thailand
Timeline
Posted

1st AOS I-485 was filed in 7/21' finally had interview 3 years latter in May 24'  We got Denied Aug 24.

The short story for our denial is: at the disappointment of the interviewing officer who said hardy anyone can fill out this form correctly without a lawyer! the only issue was that the minister didn't put the year on marriage license  on the line. " In the year of our lord"  he left it blank... our marriage was within 30 days of arrival on K1. The official state seal certifying the marriage certificate was dated and stamped 34 days after arrival.  

So we now can't renew a drivers license or renew ACC health insurance.  No work permit or permission to travel. Just hope close family doesn't get sick. 

As suggested we are just going to bite the bullet and start a new I-485 . Wasted 1440$ I believe.  We are hopeful the time period of the Utah processing isn't to long. We have heard of 3-4 months?

Here are my thoughts. Please add any advice.

I Dont think it would be beneficial to apply for I-131 or 765?.

We need a new Medical done since it has been 4 years. so a I-693 is needed.  Does this mean a new chest xray? we do have the DS-3025 from 3/21' 

We will call for an approved surgeon general appointment Monday. 

IS there any benefit to using the older I-485 form that you can file until Feb? 

 

Filed: K-1 Visa Country: Thailand
Timeline
Posted

Just so no one needs to yap about a RFE or appeal.

Yes we got an RFE and we even resubmitted the same marriage certificate. It looked like it had a year on it to me.. in fact a government stamped year and date in an official looking colored seal...  We also tried to reopen our case with an appeal using a new certificate with the year on it I made mistakes in where it was sent, and then we sought council form an immigration attorney and he said even being after the 33 days since denial he thought it worth a shot and gave us the Chicago address  but somehow I  didn't include the last 2 pages. So partly my fault. 

The county was quick to reissue and marriage certificate. 😆

Posted
2 hours ago, elkski said:

Just so no one needs to yap about a RFE or appeal.

Yes we got an RFE and we even resubmitted the same marriage certificate. It looked like it had a year on it to me.. in fact a government stamped year and date in an official looking colored seal...  We also tried to reopen our case with an appeal using a new certificate with the year on it I made mistakes in where it was sent, and then we sought council form an immigration attorney and he said even being after the 33 days since denial he thought it worth a shot and gave us the Chicago address  but somehow I  didn't include the last 2 pages. So partly my fault. 

The county was quick to reissue and marriage certificate. 😆

If you have made up your mind to refile I-485 then :

1. Do the latest revision date for I-485 . Advantage better chance of avoiding an RFE for updating form ..though no guarantee.

 

2. Save your $$ for I-765/I-131 unless wife needs to work and you both agree to no travel for a while.

 

3. You need new I-693 medicals ( simple and expensive) or take the DS-3025 to the appointment and see if they will review and only do partial related to vaccination updates.

 

4. I feel bad that no one responded and helped you with the follow up questions for your I-290 B …

‘I am one the “yappers” who would have gladly jumped in…but I missed your post.

 

** I am of the position that you should still try filing a Late Filled I-290 B , before filing new adjustments.**

The errors were due to circumstances beyond your control and you have abundant evidence of continuous efforts to address issues …even the incomplete  1st I-290 B attempt (s) are positives.

 

It’s OK not to get all these mind boggling minutia /technical details right at first try…don’t be hard on yourself.

 

 

Filed: K-1 Visa Country: Wales
Timeline
Posted

EAD SSN?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: K-1 Visa Country: Wales
Timeline
Posted

I do not know what they did or did not do.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: K-1 Visa Country: Thailand
Timeline
Posted

Se has a SS card, yes the EAD is not valid anymore but we have worked to build our company for almost 3 years and filed joint taxes.

I was quite disappointed by the lack of help on our questions about the I-290B.   Somewhere I read to use the address on our denial letter and the only one there was the SLC office. they returned it and then we sent it to Arizona because that is how I read the instructions... then the attorney said Chicago.

 

This is all quite distressing, I'm not sure why I face these applications with such dread.

 

Perhaps it is worth sending in the I-290B again even though its now been over 120 days.?.

To be clear the country clerk said she had the power to put the year on the marriage certificate and sent a new one within a week.  So we should have everything to satisfy our denial. 

 

Posted
2 hours ago, elkski said:

Se has a SS card, yes the EAD is not valid anymore but we have worked to build our company for almost 3 years and filed joint taxes.

I was quite disappointed by the lack of help on our questions about the I-290B.   Somewhere I read to use the address on our denial letter and the only one there was the SLC office. they returned it and then we sent it to Arizona because that is how I read the instructions... then the attorney said Chicago.

 

This is all quite distressing, I'm not sure why I face these applications with such dread.

 

Perhaps it is worth sending in the I-290B again even though its now been over 120 days.?.

To be clear the country clerk said she had the power to put the year on the marriage certificate and sent a new one within a week.  So we should have everything to satisfy our denial. 

 

Read through a few recent I-290 B threads in link below.

 

Late filled motions/appeals for good cause are a “discretion “ thing, so it’s a crapshoot. ..but worth the gamble.

 

You can update your Cover Letter and add a little Woeth Me  {“ If it weren’t for Bad Luck, I ‘d have No Luck at All” ) and show you attempt earlier filing but USCIS returned/rejected (?) and possible packet ‘dismemberment “ ( missing pages) at some stage of handling. 

Am not making light, just saying be expressive and try touching the “human” bit of officer reading you Short Concise  Statement/Cover Letter 

 

Just so you understand the possible outcomes:

1. Filing is acknowledged by Office that denied it you get notice

2. They say, OK, we will re open , so a pretty fast 60 day decision 

3. They say..Hmm , we are sending this to AAO , decision a bit longer


 

 

https://www.uscis.gov/i-290b-addresses

Decision made by the National Benefits Center on a:

  • Family-based Form I-485, or
  • Section 13-based Form I-485

USCIS Chicago Lockbox

U.S. Postal Service (USPS):

USCIS
Attn: AOS
P.O. Box 805887
Chicago, IL 60680


 

 

Filed: K-1 Visa Country: Thailand
Timeline
Posted

Family Thanks for the nice helpful reply.  The I797 was sent back with two of  the envelopes and a flo green page which they say to include at the top of any resubmission. .

Looking at it now I was mistaken.. we sent it the 2nd time to Arizona with the page 4 and 5 missing. 

This last time it had all 5 pages but was rejected because "The application has not been fully completed. One or more of the following field(s) were not completed - information about the Appeal or Motion". 

It's confusing  because on page 2 of the I-290B at the top it says to provide a statement regarding the basis for your Appeal or Motion in the space provided on the next page but page 3 is for inputting applicant, interpreter and preparers names. On page 2 there is a big blank space at the bottom and that is where we put it. We didn't need extra space on part 7.  Maybe we are supposed to use page 5 section 7 but that is not the next page? 

here is what I put in the blank area on the bottom right of page 2.

"We are submitting a newly officially issued marriage license that clearly shows we were married within the 90 days allowed on the K1 visa. Also a letter from the minister verifying we were in fact married in under 20 days.

 

We now do see that the minister or the county clerk didn't put the year in the specific line that is available, but surely the official seal with the date of 6/4/21 should have been proof that our marriage occurred within 35 days of entry on the K1 visa"

 

It does read a bit snarky. I am just such an honest guy that I couldn't imagine a marriage license that looked so official could be a concern but I'm sure they deal with so much fraud that they need to be extra careful.  

I will surely re-write that but where am I supposed top put it?  I also sent a cover letter detailing our 2 previous attempts.

Filed: K-1 Visa Country: Thailand
Timeline
Posted (edited)

I'm just besides myself wondering how to write a brief and where to place it in the document as it appears I failed last time. 

I'm thinking of just putting "see page 5 for Brief" in the blank area on page 2 under Part 3.

Then on page 5, Part 7, 3a

 

A-123987???
Page 2 Part 3
 
3d. Brief
This I-290B is being filed because we were legally married within the 90 days allowed on the K1 visa.
We believe at the time of filing the I-485 we met all the requirements.
We acknowledge that we got 2 RFE's in regards to the missing year on the marriage certificate.
In regards to the RFE's we just couldn't understand how such an official document was in error.
The county Clerk quickly provided us with a new certified marriage certificate with the added year.

We are also including a letter from the priest regarding the validity of our marriage and its date.

 

I would also include a cover letter outlining our attempt's and failure's at filing the I-290B in a timely and correct matter.

 

Do I want to include the first page of our original I-290B that has the received date stamp within the required 33 days? Or the 2 cut returned envelopes with the certified postage dates?

           

 

Edited by elkski
Filed: K-1 Visa Country: Thailand
Timeline
Posted

How is this for a cover letter?

 

A-12345679

Jan 2, 2025

 

We believe we met all the legal requirements for a I-485 at the time of original filing in July 2021. The only reason for our denial Aug 20, 2024 was due to clerical issues on the marriage certificate.

We have made several unfortunate mistakes in our multiple attempts to file a I-20B. We did send in our original I-20B on time but to the incorrect address, The 2nd time as also  sent to Arionna and an incorrect address. our 3rd attempt was after seeking counsel from an attorney  but  it was  still lacking a proper brief or something.

We are hopeful that you agree reopening our I-485 case is in everyone's best interest and that our brief is adequate.

 

Best Regards  x & Y

 
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