DENIED AOS

[love9708 0]

Hi Visa Journey members!

I just checked my status online today and it says they mailed me a denial decision notice yesterday and it explains why the decision was made. I'm so scared. I don't know why the denied me. when we we're applying for my aos, the asked for RFE Two times and i thought we already did it right the last time. the rfe btw was for I-864, we had to have my father in law as a joint sponsor because my husband's income didnt meet income required.

Did anybody experience like this? AOS being denied? what did you do? i also heard that if aos is being denied you can reopen the case, do we need to pay again if we reopen my case? I know i posted alot here before but this is the one that's very sad. Please Help. Any advice or insight is greatly appreciated. Thank you

[canadian_wife 1,823]

What status in the US are you adjusting from, as in how did you come to the US

Good luck

[Penguin_ie 5,994]

I am sorry, but we need more info to help you, especially about the two RFEs: what exactly did they ask for, and what did you send? I assume the first one said you needed a co-sponsor, so then you sent the FIL's details? What was the second RFE for? Are you sure your response to the second RFE was received?

[love9708 0]

i CAme here on a k1 visa.

I'm sure they received my last response for rfe because i have checked online and said they got it. the first rfe was I-864, my husband's birth certificate, and the second is still I-864 again

[Harpa Timsah 13,258]

I am going to venture an educated guess that it was denied because what you sent did not satisfy the requirements of the RFE. For instance, if they asked for proof of your co-sponsors employment and you did not send that in your RFE, they might deny your AOS. You will need to figure out what they wanted that you did not send and reapply for AOS, or file the motion to reopen. Good luck.

[JimVaPhuong 4,863]

Whatever you sent in response to the RFE was either not specifically what they asked for, or you didn't include all of the necessary supporting documentation, even if they didn't specifically ask for it.

You can't appeal the denial. You'll have a 30 day window to file a motion to reopen the case. This is form I-290B, and the cost is $630. The motion must include the evidence that was missing that resulted in the denial. If you send the form without the evidence then the motion will be denied, and you'll have wasted $630.

Since you seem to be having difficulty getting this right, maybe you want to consider hiring an attorney to help with the motion to reopen. You'll only get one chance. If that fails then you'll have to file again, and pay all of the fees again.

[love9708 0]

thank You Jimvaphuong, if we staRT all over again, can we just get another co sponsor? because the last request they sent me it says that the income of the sponsor was insufficient, submit more evidence to supply the income and also said to obtain different sponsor but we didn't because we know that the income was enough for three of us its even way above 3 household size. and we also supplied more evidence for it.

and also i thought it's just $110 for motion to reopen the case. if we have to start all over again, do i need to do the medical all over again?

[Kengux 3]

You caused ur denial, i'm sorry. You were asked to obtain another co sponsor which u neglect.. Well, u cant treat government issues with impunity. Get it right!

[Moomin 292]

i CAme here on a k1 visa.

I'm sure they received my last response for rfe because i have checked online and said they got it. the first rfe was I-864, my husband's birth certificate, and the second is still I-864 again

You previously posted that your father in law makes enough(your 2nd RFE). How much evidence supporting the I-864 did you include/what specifically, both primary and co-sponsor? One thing is knowing how to fill out the form, another is submitting the evidence supporting the form. Proof of citizenship/permanent resident status etc. you didn't answer penguin's first questions and it might be in the details you'll find the missing pieces.

[KayDeeCee 4,893]

thank You Jimvaphuong, if we staRT all over again, can we just get another co sponsor? because the last request they sent me it says that the income of the sponsor was insufficient, submit more evidence to supply the income and also said to obtain different sponsor but we didn't because we know that the income was enough for three of us its even way above 3 household size. and we also supplied more evidence for it.

and also i thought it's just $110 for motion to reopen the case. if we have to start all over again, do i need to do the medical all over again?

Are you sure you added up the household size correctly? Your joint sponsor must make 125% for himself, any dependents they have, plus the immigrant. They will need to send in their tax transcripts, pay stubs, a letter from their employer showing their salary, and proof they are a USC or LPR.

[love9708 0]

I'm sure i added them correctly the co sponsor's income is $42,000 a year and it's just him, my husband and me

and i also submit their passport the first rfe the asked

[milimelo 4,498]

I'm sure i added them correctly the co sponsor's income is $42,000 a year and it's just him, my husband and me

and i also submit their passport the first rfe the asked

That's two - your husband (USC) is NOT counted.

[Brother Hesekiel 2,236]

I'm not sure I understand this case. There is no waiver for misrepresentation. The I-601 waiver is needed for unlawful presence in the US of 180 days or more.

[VanessaTony 3,567]

I'm not sure I understand this case. There is no waiver for misrepresentation. The I-601 waiver is needed for unlawful presence in the US of 180 days or more.

did you post in the wrong spot?

[JimVaPhuong 4,863]

I'm sure i added them correctly the co sponsor's income is $42,000 a year and it's just him, my husband and me

and i also submit their passport the first rfe the asked

If they denied because of the affidavit of support then you've missed something. Maybe the evidence of income wasn't sufficient. I have no idea without actually knowing precisely what you sent, the exact wording on the RFE's, and what you sent in response. It's also possible you may not be interpreting the evidence the same way USCIS is interpreting it. For example, a self-employed person with gross revenues of $42,000 per year would likely NOT have an annual income of $42,000, since their income is determined after their business expenses are deducted. Is your joint sponsor self-employed? If so, where did you get the income figure of $42,000? Did it come from line 22 on their IRS form 1040?

It's $110 to file an EOIR-29, which is an appeal of a denied visa petition with the Board of Immigration Appeals. An adjustment of status application is not a visa petition - you cannot appeal a denied adjustment of status. A motion to reopen requires form I-290B, and the filing fee is $630.

If the medical is expired then you'd need to have another medical. The medical expires after either six months or one year, depending on the country where the medical was originally done.

Seriously, consider hiring an immigration lawyer to help you finish this. Do-it-yourself immigration is not for everyone. Getting an RFE means you missed something. Getting two RFE's means you missed quite a bit. Being denied after getting two RFE's means you don't know what you're doing, and you need some help.