AOS DENIED PLEASE HELP

[JODi * DOUG 1]

Hi Everyone, it has been a while since i have been on and after my now husband had received his K1 visa and came to the US, we got married within 90 days and filed for AOS. He did his biometrics successfully, received his EAD/AP card and then after 6 months we received a denial notice for adjustment of status.

The notice stated that he did not send an original certified copy of his court disposition from when he was 16 (nothing serious just disorderly conduct) we originally had included a copy of the certified copy so accordingly the application was denied. Then the next paragraph stated

“The evidence of record shows when you filed your application you were present in the US contrary to law because you have violated the terms of your admission.”

This isn’t correct because our Point of Entry was on May 21st, 90 days from that is August 21. The passport has august 20th written but the i-94 says august 19th.

Either way we were married within 90 days because we married on august 11th, filed for AOS on august 19th it was received (as stated in the denial notice)

It all doesn’t make sense other than the part of the copy of disposition. I feel like they say that and didn’t really look into the dates and added that part.

We have decided to just refile and send everything again and where it states if he has been denied before put yes and put an attachment with a written statement saying how we have included the original court certified copy and the reasons how he was not in the US country to law and list the dates as above.

Is this the right way to go about this. We just really need some extra feedback on others' opinions. We have gathered everything to submit again.

If you guys can please post back we appreciate it so much and Thank you in advance!!! =)

[engineer21 51]

Hi Everyone, it has been a while since i have been on and after my now husband had received his K1 visa and came to the US, we got married within 90 days and filed for AOS. He did his biometrics successfully, received his EAD/AP card and then after 6 months we received a denial notice for adjustment of status.

The notice stated that he did not send an original certified copy of his court disposition from when he was 16 (nothing serious just disorderly conduct) we originally had included a copy of the certified copy so accordingly the application was denied. Then the next paragraph stated

“The evidence of record shows when you filed your application you were present in the US contrary to law because you have violated the terms of your admission.”

This isn’t correct because our Point of Entry was on May 21st, 90 days from that is August 21. The passport has august 20th written but the i-94 says august 19th.

Either way we were married within 90 days because we married on august 11th, filed for AOS on august 19th it was received (as stated in the denial notice)

It all doesn’t make sense other than the part of the copy of disposition. I feel like they say that and didn’t really look into the dates and added that part.

We have decided to just refile and send everything again and where it states if he has been denied before put yes and put an attachment with a written statement saying how we have included the original court certified copy and the reasons how he was not in the US country to law and list the dates as above.

Is this the right way to go about this. We just really need some extra feedback on others' opinions. We have gathered everything to submit again.

If you guys can please post back we appreciate it so much and Thank you in advance!!! =)

Best course of action: file the i-130 and i-485 CONCURRENTLY

You can try to appeal the denial - but it sounds like you made a mistake and included a copy when they wanted certified copy, regardless of how they did the math for the 90-day requirement.

DO NOT REFILE if by refiling you mean just sending the i-485 again, That will not adjust his status.

It's important that you file i-130 and i-485 together.

Read the guides here: http://www.visajourney.com/content/i130guide2

Good luck and sorry for the detour in your process!

[JODi * DOUG 1]

Thank you so much for the reply, just wondering why would we need to file an i-130 when my husband already entered on a k1-visa which we got married within 90 days and everything.

I spoke with a friend of the family who is an immigration lawyer said he does not need i-130 because he was admitted on a k1 and uscis status is K1

.......

[KayDeeCee 4,892]

Why would they need an I-130? You do not need an I-130 when adjusting from a K-1. If they married within 90 days of the K-1 entry, then he was eligible to file for AOS.

You can use an immigration attorney and try and appeal, or just refile, though it would not hurt you at all to speak to an attorney no matter which way you want to go. When refiling, make sure to include ALL required documentation, and be sure to point out the date of marriage and the dates on the I-94 and in the passport to make it clear he is in fact eligible to file for AOS from a K-1. From May 21st to Aug 11th is 82 days(83 if you include the 11th in the count). Your marriage date makes him eligible to file for AOS.

You should call the USCIS and speak to a tier 2 immigration officer and ask about why they believe you violated the terms of your admission. Did you leave the US before having AP and filing for AOS? You should find out the answers to the WHY of the denial before appealing or refiling. See if you can get info from the USCIS and consult with an immigration attorney.

Edited March 13, 2014 by Jay-Kay

[engineer21 51]

Ah ok. I stand corrected. I thought once it's denied the 485 is dead and you need to follow a different process. My bad!

Sorry OP, and good luck!

[JODi * DOUG 1]

Ok good lol, but the family friend is an immigration attorney we asked her about it and she said the same thing we don't need i-130 because he was admitted under a K1 visa.

My husband and I's feeling is that they saw we messed up and didn't send the original certified copy and then got "lazy" to check the dates correctly being they all hit in august. We decided to just refile since it can take months possibly to go the other route and if that doesn't work were at refiling anyway.

Is it right to send a letter stating we submitted the original court record disposition and how the dates are all correct ALONG with a copy of the full denial notice attached to the i-485 and stating in the form please see attachment where it ask's if he had applied for AOS at any other time?

At first when this happened we were wondering if they confused his previous overstay but he was a MINOR left at 17 so that doesn't account to him and the embassy knew of that when we had our interview and were approved quick and easy, so the only thing we can think of was they didn't check the dates correctly.

On the other hand will tier 2 really be able to tell me more? I thought they do know more definitely over tier 1 but can they actually give more info on the basis of further looking into it?

Either way it should be ok this time around with the supporting documents

[KayDeeCee 4,892]

The tier 1 folks that answer the phones are not immigration officers and they have no access to your case details. If you ask to have your call escalated to a tier 2 immigration officer, then they can access your case and see the details. They may be able to tell you exactly why the case was denied and why they said his entry violated terms of admission. You can also make an InfoPass appointment to go and speak to an IO in person to ask about it.

You should do everything you can to point out and highlight all the facts of your case and show that he entered legally on a K-1 visa, and that you married within 90 days so he is eligible to file for AOS. Include the document that was missing, and perhaps make a timeline and highlight dates showing his K-1 entry and your marriage date. Make sure everything is crystal clear and easily understandable for whoever processes the case.

[JODi * DOUG 1]

Perfect! i didn't even think of the timeline i will definitly type out a timeline to include with the letter we wrote even though it does state all the dates its always good just incase they don't read the letter fully. Should the copy of the denial be included as well?

Just curious will an info pass and or calling tier 2 change anything with the case? Meaning, can they change something that is marked? or will this just clarify the information provided in the denial notice?

[KayDeeCee 4,892]

Since it asks for final disposition, you could include an attachment sheet to explain it and why you think it was mistakenly denied. You can include a copy of the denial letter with that explanation.

They would not be able to overturn the denial for you, but they could clarify exactly what problem/issue caused him to be denied.

[JODi * DOUG 1]

Yea so i called tier 2 and they were no help we had someone that just didn't care. She was basically saying its whatever the letter states so and blah blah blah and then went on to say the denial would say to refile if you could which i know isn't true because there not going to tell you that.

Then when trying to see further into it she hung up on me, real nice.

So I'm going to continue to put everything together which basically all is and do what you suggested.

[KayDeeCee 4,892]

Sorry you got a lazy, grumpy IO when you called. So much for trying to get help through the USCIS.

If it will be within 30 days of the denial, you can also file a motion to reopen the case, and provide the document that was missing the first time around. Also provide the timeline to prove he was eligible to apply for adjustment from the K-1. It is cheaper and probably takes less time too. http://www.uscis.gov/i-290b

I found this helpful post from a couple years ago about AOS denials and appealing here > http://www.visajourney.com/forums/topic/358665-what-happens-if-aos-is-denied/?p=5241721

[JODi * DOUG 1]

i kno! i never had such a grump person on that call line until friday lol

Yea me and my husband thought a lot about it but then when we spoke to an attorney she said she had seen cases last years so she felt being we have the proof he was here legally the whole time and a matter of sending the original certified copy were going to go the path of refiling.

Im just curious how come in denial letters they don't tell people they can refile?

[Dave&Roza 748]

Did he come on a round trip ticket or one way? If a round trip ticket, did he cancel the return part of the ticket? If not, then the airline screwed up and did not remove him from the manifest and thus the USCIS thinks he left the country. This is rare but it does happen. That is the only thing I can think of that would be a reason that the USCIS would say you violated the conditions of your admission because he "left" the country without AP or a GC.

You might want to make an infopass appointment to see what this statement actually means and see if you can correct it. Otherwise a new filing may end up being rejected for the same reason.

Good luck,

Dave

Edited March 16, 2014 by Dave&Roza