1st AOS Denied after 3 + years- Going to submit a new one! YEs $$$$ and ????

[OldUser 7,176]

1 hour ago, elkski said:

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

You need to use more affirmative language in the letter. While you're asking to reopen, you need to acknowledge all issues, but highlight you have a path to approval. Things like "We believe", "something" indicate you're not sure yourself why the case was denied. Also include explanation how each of these issues will be addressed in I-290B. If you're unsure how to twist this letter, try pasting in ChatGPT and my comment too as a prompt. It would give you some idea.

Edited Thursday at 05:06 PM by OldUser

[elkski 30]

We know we had met all the legal  requirements at the time our I-485 was submitted and when it was denied.   We do acknowledge that we didn't understand this simple errors in our response to. 2 RFE's when all was missing was the year by the priest. Being honest persons we just could not understand how a  Marriage Certificate with the state seal with the complete date and signature  could be invalid. 

We sent our first I-290B to the SLC office because we read somewhere to send it to the address on the denial notice.    WE got our first I-290B returned from the interviewing office  and then sent it to the Arizona office.  It was rejected and upon its return with had an issue of dismemberment of the last 2 pages. We then consulted an attorney who said we still had a chance with the I-290B and told us Chicago was the correct address. He didn't write our brief but we thought by sending in a newly issued Marriage Certificate and a letter from the priest that was all we needed.

We think our case is worth re-opening and and appeal as we are so close to the end and know we legally meet the requirements despite our many mistakes.

 

I tried Chat gpt but didn't figure out how to get it to help. I will try more  but I thought I would try this wording first... Maybe I just dont understand the assignment.

[elkski 30]

chatgpt letter... how does it look?

 

here is a pretty good sounding Chatgpt letter?

[Your Full Name]
[Your Address]
[City, State, ZIP]
[Email Address]
[Phone Number]

USCIS Service Center
[USCIS Address]

Date: [Insert Date]

Subject: Request for Reopening of I-485 (Adjustment of Status) Case

To Whom It May Concern,

I am writing to formally request the reopening of my I-485 (Application to Register Permanent Residence or Adjust Status) case, which was denied on August 20, 2024, due to clerical issues with the marriage certificate. I respectfully submit that, at the time of the original filing in July 2021, all legal requirements for the I-485 were met and that the denial was based on technical errors rather than any fundamental issue with the eligibility or merit of the case.

The clerical issue that led to the denial was an administrative error with our marriage certificate, which we have since corrected. I fully understand the importance of accuracy in these matters and have made diligent efforts to address and resolve the issue promptly.

In addition, I acknowledge and apologize for the multiple mistakes made during our attempts to file the I-209B. Our first attempt was made on time but unfortunately submitted to the wrong address. The second submission was similarly sent to the incorrect address and, despite our best efforts, continued clerical errors were made. After seeking counsel from an attorney, we filed a third attempt, which, although more carefully prepared, still lacked some necessary information about the Appeal or Motion.

We have now resolved all issues related to the marriage certificate, and I believe the brief we are submitting with this request adequately addresses all points of concern. Given these circumstances, we respectfully request that USCIS consider reopening our I-485 case. We believe that doing so is in the best interest of all parties involved, as it would allow us to continue moving forward with our immigration process without the unnecessary delays caused by technical errors.

I am confident that all outstanding issues have been resolved and that the necessary documentation is now in place to proceed with the application. I sincerely hope that USCIS will recognize the efforts we have made to correct these mistakes and grant the reopening of our case.

Thank you for your attention to this matter. I look forward to your response and am happy to provide any further documentation or information if needed.

Sincerely,
[Your Full Name]
[Case Number, if applicable]
[Receipt Number, if applicable]

[OldUser 7,176]

19 minutes ago, elkski said:

chatgpt letter... how does it look?

 

here is a pretty good sounding Chatgpt letter?

[Your Full Name]
[Your Address]
[City, State, ZIP]
[Email Address]
[Phone Number]

USCIS Service Center
[USCIS Address]

Date: [Insert Date]

Subject: Request for Reopening of I-485 (Adjustment of Status) Case

To Whom It May Concern,

I am writing to formally request the reopening of my I-485 (Application to Register Permanent Residence or Adjust Status) case, which was denied on August 20, 2024, due to clerical issues with the marriage certificate. I respectfully submit that, at the time of the original filing in July 2021, all legal requirements for the I-485 were met and that the denial was based on technical errors rather than any fundamental issue with the eligibility or merit of the case.

The clerical issue that led to the denial was an administrative error with our marriage certificate, which we have since corrected. I fully understand the importance of accuracy in these matters and have made diligent efforts to address and resolve the issue promptly.

In addition, I acknowledge and apologize for the multiple mistakes made during our attempts to file the I-209B. Our first attempt was made on time but unfortunately submitted to the wrong address. The second submission was similarly sent to the incorrect address and, despite our best efforts, continued clerical errors were made. After seeking counsel from an attorney, we filed a third attempt, which, although more carefully prepared, still lacked some necessary information about the Appeal or Motion.

We have now resolved all issues related to the marriage certificate, and I believe the brief we are submitting with this request adequately addresses all points of concern. Given these circumstances, we respectfully request that USCIS consider reopening our I-485 case. We believe that doing so is in the best interest of all parties involved, as it would allow us to continue moving forward with our immigration process without the unnecessary delays caused by technical errors.

I am confident that all outstanding issues have been resolved and that the necessary documentation is now in place to proceed with the application. I sincerely hope that USCIS will recognize the efforts we have made to correct these mistakes and grant the reopening of our case.

Thank you for your attention to this matter. I look forward to your response and am happy to provide any further documentation or information if needed.

Sincerely,
[Your Full Name]
[Case Number, if applicable]
[Receipt Number, if applicable]

I'd make it a bit shorter and back up with dates, case numbers and other factual info.

[Family 4,110]

On 12/30/2024 at 12:35 PM, elkski said:

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.

Part 2:

mark item 2c for “Motion to ReOpen and Motion to Reconsider”

Item 3, list only the I-485 but add info on last page to say I-485 and underlying applications I-765 and I-131

 

Part 3 , item 7, say “ See Attached” and “ REQUEST for acceptance of LATE FILLED I-290 B for good cause.

Applicant timely married on xyz . Government entity erred in data entry on marriage certificate . Delay and error beyond applicants control  , requesting humanitarian discretion .

 

Your Cover Letter :

Date, Name address of Mrs. @elkski

USCIS address 

 

RE: I-290 B Motion to ReOpen and/or Motion To Reconsider 

I-485 Case #,  Name of Mrs, A#

 

Dear Officer, 

 

In support of the above ref I-290 Motion to Reopen and/or  Motion To Reconsider , I am submitting the following factual, and evidentiary documentation:

 

1. Evidence of qualification for adjustment of status at the time of filing I-485 on xyz date. 
‘Marriage Certificate ( include the final correct doc ) 

Evidence of Joint Life from time of K-1 entry to date ( tax returns, bank/credit/bills/photos and the kitchen sink) MAKE a list and list out each item by letter or number

 

Sworn Affidavit by US Citizen Spouse attesting to the validly of marriage and Extraordinary Hardship . ( optional but giving you a chance to rail/rant 😂 NO cursy words..ex my wife is my life , suffered /suffering financial, emotional…losing sanity in navigating a more than 3 year delay..)

 

2. Applicant attempted all reasonable and timely efforts to address typographical/data entry error made by other government agencies. Circumstances beyond Applicant’s control .

Humbly requesting Service to accept this Late Filed I-290 B and favorable adjudication. 
 

Kindly note the RFE s was vague and we were unable to identify specific documentation deficiency . Subsequent trips to courts/ registrar have ultimately resulted in correcting the typo . 
 

Applicant additionally attempted to timely file an I-290 B . Applicant acknowledges mailing the packet to an address other than the Chicago PO Box , in the mistaken belief USCIS will forward the sensitive filing. For this we apologize and ask for discretion , navigating the multitude of information and complex instructions on public website is challenging.

 

Respectfully, 

‘Mrs @elskin

 

Do skip all other details you originally drafted , but edit my suggestion as you see fit. The gist of your agreement…although you can tell I don’t spell everything out …this is more got you to get clear on 

She married in time and otherwise qualifies .

Typo was NOT her error, other govt , so beyond control

RFE was vague

You filed timely , USCIS should just forward filings and not long ago, that was a practice spelled in internal memos

Bloody long 3 year wait

They can deal with it, they have discretion. You are appealing to the Human reading. …so even humor is good… BUT don’t admit fault 😂

 

 

 

 

 

[elkski 30]

Pictures? Hmmm I assume together but how would we show the date taken?

We can do last 2 years joint tax returns

We have a car loan together.

The only bill that we put her name on the entity hacks off all but 3 letters of her name. 

We do have separate bills for health insurance at the same address?.

We should say the RFE's were vague.. if they just would have called us or the county clerk and used English instead of sending the entire requirement list. 

Sworn affidavit?  She Writes a letter and we get it notarized?  It  was such a bad thing each RFE and the notice to deny and then the denial and each returned I-290  did cause us very many sad days.

Edited Thursday at 09:58 PM by elkski

[Family 4,110]

1 minute ago, elkski said:

Pictures? Hmmm I assume together but how would we show the date taken?

We can do last 2 years joint tax returns

We have a car loan together.

The only bill that we put her name on the entity hacks off all but 3 letters of her name. 

We do have separate bills for health insurance at the same address?.

We should say the RFE's were vague.. if they just would have called us or the county clerk and used English instead of sending the entire requirement list. 

ALL statements ( bank/credit/utilities/insurance/paystubs ), no matter if joint or solo, as they show a joint shared address . A  very few family photos of last 3 years ..just handwritten one liner ex “ dinner on turkey day w cousins or friends on Nov , year x, b=day breakfast in bed 😂 in xyz year.

 

This stuff is complex, think more like navigating through a court of law, not getting frustrated with DMV.

You are courageous to tackle DIY, so kudos to you. Mistakes happen. You just need to speed it up so you know for sure if I-290 B will get to home base or new adjustment needed.