Got a Notice of Decision Denied letter

[chihopeful 0]

The reason for the Notice of Decision Denied was because we did not marry within the 3 month window of K1 visa. Due to the 2005 holidays and prior business commitments , we did not realize the 3 month window had passed us by (I know very dumb on our part ). We always intended to marry but have ceromonies and celebrate later when we could plan it properly.

We only missed the 3 month window by 3 days. The Notice of Decision states there is no appeal but we can file a motion to reopen with form I290-b. The form seem to be an appeal form which is contrary to the notice. Will we just be throwing away the $385 fee?

Has anyone have experience with this or is there another route to take. Thanks for any guidance.

[Kez/JWolf 6]

Sorry to hear this has happened.... you can file for I-130 and AOS together and this will allow you to overcome this problem.... the guide is very good about how to do this...

http://www.visajourney.com/forums/index.ph...page=i130guide2

this would be quicker than filing a motion to re-open...

Hope this helps

Kezzie

[aussiewench 9]

chihopeful

I too am sorry that has happened, but all is not lost. Follow Kezzie's advice and have a read of the link provided. Wishing you all the best.

Lorelle

[desert_fox 32]

Just make sure that you dont leave the country as you will not be readmitted. Stay here and go thru the I-130 process.

You didnt know that you had to do it within 90 days??? what were you thinking??

[chihopeful 0]

Thanks for the quick replies.

It was only 3 days! I'm guessing there is no leniency with this?

Some questions:

1. I have to file everything in the above link?

I-130

G-325a

I-864

I-485

I-765 (optional)

I-131 (optional)

2. Can my spouse stay in the US. while this is being processed?

3. All the forms can be filed at the same time?

I'm sure there will be more questions, thanks again for all the help here. This is a great website.

Edited August 11, 2006 by chihopeful

[happyinlove08 0]

You will need to file for I-130, G-325a, I-864, I-485, and I-693 (medical exam). I-765 is needed if you intend to work in the states. The I-131 is needed if you intend to leave the country but in your situation it is better that you stay in the country until the case is processed. In addition, all the forms listed above can be filed together and sent to the Chicago Lock box, which is provided on the I-485. Hope this helps and Good Luck on your new journey

[chihopeful 0]

Thanks everyone for the guidance. Missing the 90 day window cause me more trouble than anticipated. I think we would have been approved by now if not for this technicality =( It is our fault...

I want to confirm with anyone reading this thread.

1. There is no leniency on this matter

2. Filing the described forms is the quickest route to AOS.

Everyone have a nice weekend.

BTW, This is a great website, how do we support it?

[Kez/JWolf 6]

Yes this is your fastest way to get AOS... if you did not marry within the 90 days the only options are to do it this way.... or for your wife to return to her own country and you file for CR1/IR1/K3 and as there is no need for her to leave the US then doing the I-130 and AOS from within the US is the best option for you...

Have a good weekend

Kezzie

[Yodrak 7]

chihopeful,

It's not a technicality - it's the law.

Yodrak

Thanks everyone for the guidance. Missing the 90 day window cause me more trouble than anticipated. I think we would have been approved by now if not for this technicality =( It is our fault...

I want to confirm with anyone reading this thread.

1. There is no leniency on this matter

2. Filing the described forms is the quickest route to AOS.

Everyone have a nice weekend.

BTW, This is a great website, how do we support it?

[chihopeful 0]

Thanks again everyone. Will be working on this during the weekend and hopefully we can get the I-693 done during next week. We can use the copies of the original I-129 for reference =)

This was a major mistake on our part, we have to start over again =(

[magnus0201 0]

I cannot believe that they denied you AOS based on missing the 90 day window by 3 days. Meanwhile half of Mexico walks across the border every day and they want to give them amnesty for breaking the law.

Seems like a simple explanation like you could not schedule time at the church, or you had relatives flying in from overseas would have helped. I'm assuming you didn't include that.

Sorry to hear about this, but this is exactly the type of situation that people need to learn from. I'm afraid its going to cost you more time and money.

Edited August 12, 2006 by mjpyro

[LastSurvivor 0]

I cannot believe that they denied you AOS based on missing the 90 day window by 3 days.

Well, he gets no sympathy from me. I mean 90 days is a heck of a long time. Most of us know to the day when we have to get married and most have the AOS paperwork completed before our fiancee leaves to come to the U.S. Looks like he will have to pay for not being responsible. No, this does not make the Mexico situation any better but the rules do not say 90 days or as soon as you remember why that non USC is living in your house.

Rich

Edited August 12, 2006 by LastSurvivor

[john_and_marlene 162]

I cannot believe that they denied you AOS based on missing the 90 day window by 3 days.

Where would you make the cutoff?

[ChristinaM 0]

BTW, This is a great website, how do we support it?

It's the people that make it so great. The best thing you can do to support it is to learn as much as you can so that you can help support someone else through the process later.

[chihopeful 0]

Hi everyone! Thanks for all the comments, it is what it is and I accept full responsibility.

While working through form I 485, Part 2 Application Type. None of the items apply, what should I indicate for the Adjustment of permanent residence reason???

Is there a particular wording to use in this situation?

Thanks in advance.

Also what do I indicate as the current USCIS staus?