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elkski

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Everything posted by elkski

  1. I thought you needed both a cover letter and a brief? The cover letter on top and outlining the evidence and the brief using the legal basis and connected to page 2 part 3 somehow. I used page 5 to add to page 2 part 3 a item 4d I say to see attached brief and cover letter for all the evidence being submitted. ... and on top of the brief page I put Page 5 part 7 item 4....
  2. Family, I copied and used your prose as our Cover letter with only minor changes. I dont understand... I added a list of all the documents with letters. but that is what you said.
  3. not sure this is a proper brief? Name Address A# IOE# RE: Brief in support of our I-290 B Motion to ReOpen and/or Motion To Reconsider I-485 Case # IOE #, Name, A# Dear Officer, The facts are that at the time of the submitted I-485 in July 2021 we met all the legal requirements for the I-485. Included at this time is documentation to show we were lawfully married within the allowed time. See the cover letter for the full list of evidentiary documents that substantiate that we are a married couple living in the same domicile. The only reason given on our denial of the I-485 was "no year on the Marriage Certificate". as you can see we have requested the County clerk to remedy this unfortunate clerical error that has caused our I-485 to go over 3 years. The new copy is our main evidence that we met all the requirements at the time we submitted the I-485. In addition the included IRS statements from 2022 & 2023 show that not only are we married but we have been working together after starting a business together and easily meet the financial requirements Regards;
  4. the county clerk did reissue a corrected copy of the marriage certificate. Do you mean to have the clerk write in the words "twenty one"?
  5. we did get a new copy that the county clerk said she had power to change. she filled in the missing year. In the year of our Lord two thousand and__________________________ 2021 However she really should have put "twenty one". of course we sent this new copy in to both Arizona with missing page 4&5 and the 3rd time to Chicago ... but we were denied either because it was late or the missing info.... it says. "The application/petition has not been fully completed. One or more of the following field(s) were not completed: - Information about the appeal or Motion."
  6. here is the cover letter we came up with. Still need to write the brief which I think will reference the cover letter. This actually sounds like a brief to me.? The affidavit didn't cry about the hardship but that has been real. Not really financially but emotionally and stressful and very unhappy evenings after receiving the latest bad letter. Applicants Married Name Address A# IOE# RE: I-290 B Motion to ReOpen and/or Motion To Reconsider I-485 Case # IOExyz, Applicants name, 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 Date a) Newly issued Marriage Certificate as well as the original missing the year b) Sworn Affidavit of Citizen spouse attesting to the validiy and date of marriage. c) Letter from minister clarifying date of marriage d) Tax return 2022 e) Tax return 2023 f) Credit Card bill g) Credit Union car loan for xyz car h) Proof of insurance on the car j) Utility bill with joint names showing home address k) Photos for last 6 months. with descriptions listed here l) Copies of last 2 of the 3 prior I-290B Applicant attempted all reasonable and timely efforts to address typographical/data entry error made by minister and other government agencies. Circumstances beyond Applicant’s control . Humbly requesting Service to accept this Late Filed I-290 B and favorable adjudication. We Kindly note that the RFE's were vague and in our honesty we couldn't understand how a government certified copy of our marriage certificate could be invalid. The RFE's were vague using complicated language and we were unable to identify specific documentation deficiency . Subsequent trips to courts/ registrar have ultimately resulted in correcting the Year. Applicant additionally attempted to timely file an I-290 B 3 times prior to this. Applicant acknowledges mailing the packet the first two times 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,
  7. 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.
  8. 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]
  9. 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.
  10. 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
  11. 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?
  12. also should I include the 2 envelopes from our 2nd and 3rd mailings that they returned.?
  13. 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.
  14. 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.
  15. 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. 😆
  16. 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?
  17. also wanting to confirm the fee of 800$. is the fee still 800$ if you check the box to file a motion to reopen and motion to reconsider?.
  18. Wanting to confirm a few items before mailing this I-290B - Correct address? --Correct fee and check payable to? - and that the immigrants name is the only one on this form and they sign it? https://www.uscis.gov/i-290b-addresses It appears that this is the correct address in AZ. I was mistaken in the last post to think it was a USCIS Domestic office that denied us. It was the SLC field office. USCIS Attn: I-290B P.O. Box 21100 Phoenix, AZ 85036-1100 fee https://www.uscis.gov/g-1055?form=i-290b Pretty sure its 800$ Payable to US Department of Homeland Security. I'm pretty sure my wife is the applicant or petitioner and uses her new married name? And Signs it as the same?
  19. I evidently need help as to where to send in a I-290B and the correct fee. The only address on our denied letter was the SLC office but they sent it back and said wrong place and that we should fcheck for the correct fee. I thought I found 800$ I'm thinking this is the correct address for a Change of status I-485 for a K1 visa holder. USCIS Attn: AOS P.O. Box 805887 Chicago, IL 60680 https://www.uscis.gov/i-290b-addresses
  20. I cant find out who to make the check payable to. I guess it is "U.S. Department of Homeland Security" Also do I include a copy of our denied decision letter? .
  21. I am not putting in any mention of a refund in my basis for the motion to reopen and reconsider. I now realize it was my 800$ mistake for not questioning that a marriage certificate could have been issued with a missing year written, even after it was specified. I guess as a law abiding person I didn't consider that so many people must try to fool the USCIS all the time and that's what they are looking for. I said that about the minister because I think he didn't fill in the year and this certificate is just the marriage license that he filled out his part and then it was made as an official copy by the county clerk. The county clerk was able to add the year and reissue a new copy after being notified and I wish they would have noticed this originally.. It must be nice to have a job where mistakes have no consequences to you financially or otherwise. I am still baffled that the date on the official seal had no meaning as to when the marriage must have occurred. After the interview, at which we had all the documents with us, we were told that we would be notified if they needed anything... My thinking is the SLC office just didn't want to have to scan everything into the system.. They also asked for IRS records even though we had already uploaded 2023 right after it was available to download in May. The interviewing officer seemed hellbent on finding a mistake after we were asked if we used a lawyer. He said he would run a software error check because people not using lawyers always had mistakes. after this step he continued and at one point even asked our age difference even though it was at his fingertips. At the end of our interview I asked him, "so did you find any mistake in our application?" and with a disappointing look he said no. At this time I'm not sure how the delay of 38 months getting an AOS effects her future? oh by the way as most of you know the denied letter also means her work permit and advance parole are void. so no traveling until this is resolved. We are self employed so the work permit isn't an issue. Not sure if or how an employer would find out?
  22. Maybe I will ask the minister for 400$ it was partly my fault for not seeing the missing date and thinking the date on the seal showed the marriage occurred in 2021 . IS mail in the only way? and do I jsut put her name in part 1 and 4? even thought I wrote a the G-rated version of my basis for motion on part 3? I didn't seem like I need to be listed as the preparer but ?
  23. it is the official seal one... Sorry it does say "Marriage License Certificate" at the top... The seal says it is to verify that is is a copy of the original on file in their records. The new seal is dated last Friday 2024. it has a year "2024" filled in after the lord c##p line. the first one we submitted and resubmitted in the RFE had a date on the seal of 6/4/21 and She arrived 5/2/21.. it baffles me how this has happened unless the agents get a bonus for added fees?
  24. thanks for the correct placement.. one additional question, is this really going to add on 6 more months?
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