Clink2023

Hello all, Thanks for offer to check here is our current refiling list: [Applicant Name] [Address Redacted] [City, State, ZIP Code] Email: [Email Redacted] Phone: [Phone Number Redacted] Date: November 27, 2024 To: U.S. Citizenship and Immigration Services (USCIS) P.O. Box 805887 Chicago, IL 60680-4120 Subject: Application to Adjust Status to Permanent Resident Beneficiary Name: [Name Redacted] Alien Number: XXXXX USCIS Case Number: XXX Dear USCIS Officer, Enclosed please find my Form I-485, Application to Register Permanent Residence or Adjust Status, along with supporting documents. Below is a list of the documents included in this filing for your reference: List of Enclosed Documents Two Passport-Style Photographs (Applicant) Form G-1145 – E-Notification of Application Acceptance Form G-1450 – Credit Card Authorization for Filing Fees Form I-485 – Application to Adjust Status Form I-864 – Affidavit of Support, including: Tax Returns (2021-2023) for Sponsor Supporting Documentation (W-2s, Birth Certificate of Sponsor, etc.) Paystubs Bank Statements Form I-765 – Application for Employment Authorization (Renewal) Form I-94 – Arrival/Departure Record Marriage Certificate (Certified Copy) Passport Pages – Copies for both the Applicant and Sponsor, including K-1 Visa Page and Entry Stamp Birth Certificates – Copies for both the Applicant and Sponsor Form I-797 – Approval Notice for Form I-129F Petition Vaccinations – Vaccination Record (Certified) Other Supporting Documents: Joint Account Bank Statement Wedding Receipts/Photos Wedding Invite Sample

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@wazzujoel Thank you for taking the time to clarify and explain that you are really trying to help. The language in forums can sometimes feel more critical than helpful, so I appreciate your effort to make things clearer. We have consulted a lawyer, but we feel confident that we can resubmit the I-485 ourselves and be very careful this time about providing exactly what the RFE or any additional documents request. From what we understand, we can resubmit the I-485 as many times as needed (though we obviously don’t want to make this a recurring process). If this is a bad assumption, please correct us.

@wazzujoel Thank you for taking the time to review and provide feedback. I’d like to clarify a few points while addressing your concerns. You are correct that we missed submitting the full tax transcript for the joint sponsor, and we recognize this was an oversight on our part. However, your claim that the RFE did not ask for W-2s is not accurate. The RFE specifically requested evidence of income, which included W-2s as part of the required documentation. While our response to the RFE wasn’t complete, providing the W-2s was an attempt to comply with what was requested, even if additional documents were needed. That said, your tone comes across as unnecessarily condescending. Navigating the immigration process is complex, and while we welcome constructive feedback, there’s a way to offer it without being dismissive or rude. We’re all here to share experiences and help each other. We appreciate your perspective and will focus on fully addressing the RFE requirements moving forward.

We have received various opinions regarding our next steps. The options outlined in the notice of decision are: 1. filing a motion to reopen or reconsider using form I-290B, although many have advised against this due to potential delays, and 2. departing the United States. It’s worth noting that the notice does not mention the possibility of refiling. However, from discussions in forums and advice from others, there seems to be a suggestion to consider refiling, indicating that not all options are clearly presented. To address additional questions: I have already submitted my complete tax returns as the original sponsor when we submitted our initial documents in January 2024, along with the joint sponsor's complete tax returns in April 2024 when requested from the RFE. We did not have access to the 2023 tax returns at the time of providing the additional documents for the RFE.

Hi all, I'm trying not to panic, but getting this letter has hit us both hard. Thank you in advance for your help. We are trying to determine whether to refile I-485 or file I-290B to reconsider or reopen. We did miss a critical point at the end of the letter to provide supporting documentation for my citizenship - they have all my social security and other evidence submitted to receive our 129F petition and approval. However, in our first RFE we provided complete federal tax income returns for the joint sponsor (shown in our USCIS profile) so this is an error on their part. It was 2022 tax returns submitted in April of this year - as 2023 returns were unavailable then. So unsure of what to do next. Denial Notice_Redacted.pdf Request for Evidence Form 1-485_Redacted.pdf

Help, We received a notice of decision that our I-485 was denied, with strong messaging that my husband would have to leave the country within 33 days and that employment authorization would be removed!? My husband and I got married on the K1 visa within 90 days of entry and followed all requested documents and protocol. We submitted all documentation in April, and November we've received notice of denial for complete Federal Tax Return information and evidence of my citizenship (all of which I included). We are terrified. What do we do next? Thank you, Dixie

Hi thanks for your reply: I guess I am still confused about the next steps as the letters we've received indicate otherwise. Before moving forward we need to login to CEAC. Without the above mentioned ID's we are unable to do so: "After USCIS approves your petition, they will transfer your case to the Department of State's National Visa Center (NVC) for pre-processing. The first step in this processing is the creation of your case in our system. Once this is complete, we will send you a Welcome Letter by e-mail or physical mail. With the information in this letter, you can log in to our Consular Electronic Application Center (CEAC) to check your status, receive messages, and manage your case."

We have received notice from the NZ consulate informing us that: "This office has received the approved I-129F petition filed by your U.S. citizen fiancé from the USCIS. You are now entitled to apply for a K-1 visa. To complete the DS-260, you need the Invoice ID Number and each traveling applicant’s Beneficiary ID Number from the “Notice to Applicant” page of your NVC appointment letter." Would the NVC appointment letter have come via email or mail? We are unclear on the next steps and how to proceed to pay for the DS-260 as we don't have an Invoice ID Number nor Beneficiary ID number. What are we missing? Thanks in advance for any helpful suggestions/comments.

Thanks everyone for your responses/insights. - My partner is not renouncing his SA citizenship, he is just giving it up and not requesting to keep it. There is not enough of an advantage to keep it for the process to be worth it - especially once he gets his NZ citizenship. We've battled with SA processes before and they are a nightmare. The K1 interview is at the NZ consulate. - Thank you for that advice we will update that information at the K1 interview. And keep it consistent across the AOS and I-485. Thanks all for your comments - sounds like change of citizenship will not be an issue.

Hello, My partner will be changing his citizenship from South Africa to New Zealand in the coming months. He will no longer have his SA citizenship. We started the K-1 process having listed him as a South African. Will the change from SA to NZ citizenship affect our application? We are now at the stage in which we are assembling our documents for the NVC to prepare for the interview. Thanks in advance for any advice/recommendations.

Response to your questions 1 - I am afraid, we may regret not getting married for cr1 visa because i heard fiance(k1) visa is taking 2 years, is this right? K-1 visa for us (I understand everyone goes through different lengths and time for various reasons) has been 2 years to get to the second step of process. I've known others in similar circumstances who were ahead of us because they were on the marriage visa route. We still have at least another year, so 3 years total in our k-1 journey. 2 - I am afraid, uscis doesn't care about k1 visa and may ignore it or let it wait, is this true? We had some complications with USCIS and NVC tossing our application back and forth - I am not sure why but cr1 visa route may have avoided this. I don't believe they actively ignored any visa, but others may be prioritised. 3 - do most people regret choosing k1, i heard mixed reviews. what would you do if you were in our sitatuion(please review our option 1 and option 2) I can't fully say I regret anything yet until we've made it through the process. Because of other factors (work, life) we are not in any rush to get to the states, so if time was of an essence, the cr1 visa would have been more advantageous. 4- is it ok if we have a cultural/religious ceremony(not official marriage) after we applied k1 visa? We will only be engaged but have a small ceremony. Not sure. 5- what would you do if you were in our situation? wait 3 months and apply for cr1 or start k1 right away(our goal is to be together in the usa, as soon as possible) K-1 visa will take longer it seems like, so applying for cr1 "might" be the best option if you want to decrease the wait, but again haven't not gotten through our own process - I cannot say for sure. I think everyone's situation is incredibly unique and the process far from easy. Wish you and your partner the best.

Sounds like it. This morning received notification that NVC has finally forwarded our case to our embassy in NZ. So looks like our process is now starting on get back on track. Best of luck to you.

Apologies subject line should be: USCIS petition was approved; sent to NVC then sent back to USCIS

Hello, New to this page, happy to know one exists to seek advice. We started our K-1 process of submitting the 129-F in October 2021. The case was approved by USCIS in January 2023 and sent to NVC, however for some reason it has been sent back to USCIS with the message (returned to department of state). USCIS then approved it again in March 2023. We have heard nothing. When I sent an inquiry to NVC I got a message that it was sent back again but no explanation. Has anyone experienced this? What moved the process along? Thanks in advance!