The green card was denyed 4 years ago

[O_o 0]

I came in the US by visa K1. My husband starts to make documents for green card, but then we got that letter:

http://94.r.photoshare.ru/00941/008fa8befb17cc985f621b501a1b4fc21a230c58.jpg

http://94.r.photoshare.ru/00941/008fa8bfe833e7af27e788c2b13a7d28f91466b7.jpg

What can I legally do that to start new GK process? My husband don't want to start the process again without being sure that these time they won't deny my legal status again.

Edited August 28, 2012 by O_o

[Pinkrlion 2,724]

You need to obtain a lawyer. It is reading that you did not reply to a RFE in the alotted amount of time, so your application for AOS was rejected. They were requesting verification or copy of 2006 tax return. Also, you stayed in the US since 2008, after being told in writing that you had 30 days to return to your home country.

[TimeTravel 78]

On Nov 5, 2007, they sent you a RFE but you failed to respond within timeframe. As I can see, they sent you AOS denial notice dated April 18, 2008. Why didnt you take action in 2008? It is 2012.

Edited August 28, 2012 by iwaiting

[O_o 0]

You need to obtain a lawyer. It is reading that you did not reply to a RFE in the alotted amount of time, so your application for AOS was rejected. They were requesting verification or copy of 2006 tax return. Also, you stayed in the US since 2008, after being told in writing that you had 30 days to return to your home country.

I made these choice because I was about to due... I realizing now I made a lot of mistakes, but I can't change it.

And we also can't afford the lawyer We tried, he charges 5000 for his services.

On Nov 5, 2007, they sent you a RFE but you failed to respond within timeframe. As I can see, they sent you AOS denial notice dated April 18, 2008. Why didnt you take action in 2008? It is 2012.

We never have these letter from them... I guess it was lost... Edited August 28, 2012 by O_o

[TimeTravel 78]

I made these choice because I was about to due... I realizing now I made a lot of mistakes, but I can't change it.

And we also can't afford the lawyer We tried, he charges 5000 for his services.

We never have these letter from them... I guess it was lost...

All right! I understand you didnt get letter for RFE. But why didnt you take action in 2008 when you got AOS Denial letter?

Edited August 28, 2012 by iwaiting

[TimeTravel 78]

Anyway, you can still go ahead and file for AOS. Since you are overstayed, but that overstay will be forgiven when the AOS is approved.

Ref: http://www.visajourney.com/forums/topic/313051-what-will-happen-if-a-k1-visa-holder-didnt-apply-for-aos-in-her-first-year/

Better to hire any good attorney to ensure that everything is on track, and filed properly. You can find a good one for around $1000.

Edited August 28, 2012 by iwaiting

[milimelo 4,500]

Get in touch with Catholic charities - they have immigration specialists who can help out. I'd even get in touch with your congressman's or senator's immigration aide to help out with this.

What to do - you'll have to file I-130 AND the whole AOS package again - including medical exam and paying the fees.

DO NOT leave the country under any circumstances until you resolve the status. Have you moved and you didn't do the address change at USCIS website?

[Dave&Roza 748]

I came in the US by visa K1. My husband starts to make documents for green card, but then we got that letter:

http://94.r.photosha...fc21a230c58.jpg

http://94.r.photosha...d28f91466b7.jpg

What can I legally do that to start new GK process? My husband don't want to start the process again without being sure that these time they won't deny my legal status again.

Let' see if I understand this. You submitted an application for AOS back in 2007. You received an RFE for supporting documents for your husband's 2006 tax return and had about 90 days to respond to this RFE. You failed to respond so the USCIS sends you another letter telling you that the AOS has been denied due to abandonment, failure to respond to teh RFE. You are not in removal proceeding, but must leave teh US within 30 days. That is in 2008. So you have been accruing over-stay days since 2008. Now you want to fix this?

I would see about finding a good immigration attorney as this is not really something you should do yourself. If you do not do it correctly you will find yourself deported. I do see your case being similar to someone who did not file AOS as the AOS was denied without prejudice. So you can file the AOS again, but you have been in US a long time as an over-stay which is typically forgiven if you are married to a USC. The real issue is that you have been married for more than 2 years. Usually in this case you need to file the I-485 with the I-130. You will need to get another medical done as well. This time instead of submitting tax returns, submit a tax transcript from the IRS. It sounds like you did not include all documents that would make a complete tax return in the eyes of USCIS. A tax transcript is acceptable on its own without the need for W-2s or schedules.

Good luck,

Dave

[O_o 0]

Thank a lot everybody!

We'll start to look for a good lawyer.

p.s. Today is our 5th anniversary.

All right! I understand you didnt get letter for RFE. But why didnt you take action in 2008 when you got AOS Denial letter?

We wrote them letter but they never answer. I still keep the copy of the letter...

[Anh map 2,098]

Thank a lot everybody!

We'll start to look for a good lawyer.

p.s. Today is our 5th anniversary.

We wrote them letter but they never answer. I still keep the copy of the letter...

That letter copy won't matter.

Because of the amount of time that has passed, your husband must file the spouse visa petition as well as the adjustment of status application. Follow this guide here on VJ >>> http://www.visajourney.com/content/i130guide2

As others have stated, do not leave the US until your GC is granted.