Evidence Required

[UK2ATL 9]

Hi Guys,

Ive been following my AOS status on the USCIS site and i've noticed its gone from the Initial Review to Request for evidence, Also the Interview step has disappeared from the timeline? I was led to believe you took evidence to the interview but then i read today not all cases go to interview, could this be the reason why? Ive attached a screen shot for you to look at.

Regards

M

[Janelle2002 3,865]

Not every RFE goes to interview. You are lucky you got an RFE instead of a denial notice. Lately some USICS Field Offices have been doing denials instead of RFE. If they wanted an interview, the interview would show up. look for the letter in the mail about what they want, follow the letters instructions and give them the evidence that they are requesting.

Thanks

[UK2ATL 9]

So would you say this is a positive thing?

Thanks

[sarahk316 2]

So would you say this is a positive thing?

Thanks

In the sense that it's better than denial yes, it may delay your application.

[Lainie B 465]

Not every RFE goes to interview. You are lucky you got an RFE instead of a denial notice. Lately some USICS Field Offices have been doing denials instead of RFE. If they wanted an interview, the interview would show up. look for the letter in the mail about what they want, follow the letters instructions and give them the evidence that they are requesting.

Thanks

You are talking about a different process (the IR1/CR1 petition). What you have written here does not apply to the adjustment of status application.

Edited January 3, 2013 by Lainie B

[Lainie B 465]

Hi Guys,

Ive been following my AOS status on the USCIS site and i've noticed its gone from the Initial Review to Request for evidence, Also the Interview step has disappeared from the timeline? I was led to believe you took evidence to the interview but then i read today not all cases go to interview, could this be the reason why? Ive attached a screen shot for you to look at.

Regards

M

It just means that they have reviewed your application and found there is something missing. It could be something very simple, or something complex. There is no way to know until you receive the letter in the mail. You will have a certain amount of time to send in what they are requesting.

Which visa are you adjusting from? Most K-1 visas do not get an interview. Other visa types are another story though.

Edited January 3, 2013 by Lainie B

[Nich-Nick 3,354]

Hi Guys,

Ive been following my AOS status on the USCIS site and i've noticed its gone from the Initial Review to Request for evidence, Also the Interview step has disappeared from the timeline? I was led to believe you took evidence to the interview but then i read today not all cases go to interview, could this be the reason why? Ive attached a screen shot for you to look at.

Regards

M

Your timeline says you are adjusting from "other" so maybe VWP?? It's K1s who often don't have an AOS interview. No clue why your online thing looks like that.

[UK2ATL 9]

Ok I called my Lawyer and she has had the letter and they want proof I entered the USA legally. I came on VWP and so no I-94 card. My lawyer said I shouldn't have received the RFE as she sent my Passport and ESTA information. She is re-submitting the information with a letter. She thinks someone just saw the I-94 box ticked as "no" and not looked further into my file for evidence of VWP.

You are talking about a different process (the IR1/CR1 petition). What you have written here does not apply to the adjustment of status application.

It is for my I-485 see attached picture.

[Lainie B 465]

It is for my I-485 see attached picture.

I know, I was referring to Janelle2002's comment, which applied to the IR1/CR1 process, not to your I-485 (Adjustment of Status) process

Edited January 3, 2013 by Lainie B

[Janelle2002 3,865]

I know, I was referring to Janelle2002's comment, which applied to the IR1/CR1 process, not to your I-485 (Adjustment of Status) process

http://immigrationvoice.org/forum/forum105-immigrant-visa/2957765-i-485-denied-missing-proof-of-entry.html

Maybe you should look at this link here. This person was denied , no RFE. Even after the interview when they could have just simply sent an RFE. Never say that it will not apply to a case and it only applies to I-130 or I-129f, that is not true. It can happen to many types of cases. You never know the U.S. they suprise us all the time with their inconsistences and constant changing of policies.

[Lainie B 465]

http://immigrationvoice.org/forum/forum105-immigrant-visa/2957765-i-485-denied-missing-proof-of-entry.html

Maybe you should look at this link here. This person was denied , no RFE. Even after the interview when they could have just simply sent an RFE. Never say that it will not apply to a case and it only applies to I-130 or I-129f, that is not true. It can happen to many types of cases. You never know the U.S. they suprise us all the time with their inconsistences and constant changing of policies.

This may be true but this is extremely rare for AOS applications. I haven't seen any such cases on VJ, especially before an interview. You said that the OP was "lucky" to have received an RFE instead of a straight denial since "Lately some USICS Field Offices have been doing denials instead of RFE". You were referring to the IR1/CR1 petition process, where that statement IS true, NOT to the AOS application process. I was trying to clear this up for the OP.

Edited January 3, 2013 by Lainie B

[keji247 0]

http://immigrationvoice.org/forum/forum105-immigrant-visa/2957765-i-485-denied-missing-proof-of-entry.html

Maybe you should look at this link here. This person was denied , no RFE. Even after the interview when they could have just simply sent an RFE. Never say that it will not apply to a case and it only applies to I-130 or I-129f, that is not true. It can happen to many types of cases. You never know the U.S. they suprise us all the time with their inconsistences and constant changing of policies.

From the above link it shows:

1.) They could not find her admission details in their system

2.) OP claimed his wife SUPPOSEDLY lied about her POE

That's deception and it is an outright denial anyday.

[keji247 0]

From the above link it shows:

Sorry for the mistake in earlier post

This case is complicated

1.) They could not find her admission details in their system

Corrected line 2

2.) OP claimed the officer said his wife SUPPOSEDLY failed to give her POE

any form of deception is an outright denial anyday.

[Thatgirl2 21]

At any given point during the immigration process, be it k-1 or marriage visas or Aos, even if you get denied you will be given a chance for a limited period of time, to either object or submit evidence that cover the reason for denial. So no worries

[Asia 2,498]

At any given point during the immigration process, be it k-1 or marriage visas or Aos, even if you get denied you will be given a chance for a limited period of time, to either object or submit evidence that cover the reason for denial. So no worries

From what I've read here, it doesn't include AOSing from VWP. When you're denied, you can't re-apply/object or whatever this process is called.

But please correct me, if I'm wrong.

Edited January 4, 2013 by Asia