Annoyed!!

[sfcscott 34]

First off, throughout the K-1 process, my spouse and I had not one single problem during the entire journey.   Now that we have started the AOS steps, it appears to be one problem after another.  Before we sent our applications for the AOS, EAD and AP, we made sure that everything was in order by checking, double checking and triple checking everything. 

 

We sent the packets off, and we waited about 3 weeks to receive notification that the packets has been received.   We got NOA1's for the AOS and AP, but were sent a rejection notice for the EAD.   The rejection notice stated that we had not submitted to correct fee to process our application.  I did some research just to make sure I wasn't wrong about the Fee for the EAD and AP would be waived if we submitted both applications along with the AOS.  I also called the Help Line just to verify with them, that this was correct.  They confirmed everything I had read here and on the USCIS website.  So, I made copies of the NOA1's that I had received from the AOS and AP along with a cover letter explaining that the fee for the EAD should have been waived as it was sent at the same time as the AOS.

 

Approximately 2 weeks after receiving the NOA1 for our AOS, we got a letter in the mail with a date and time for my wife to go to Des Moines for her Biometrics appointment.  At this point we THOUGHT everything was good and it would just be a waiting game.  That was not the case!   Yesterday we received another letter that was a Request for Initial Evidence (I-485).  The letter said that my wife and I were not married within the 90 days as required by the K-1 visa she had used to enter the United States.   Now, I have copies of everything that we had sent with our AOS packet (Marriage Certificate, Passport, K-1 Visa, Visa Stamp, I-94).   The Marriage Certificate shows our date of marriage on February 20, 2017.  The K-1 Visa Stamp shows she entered the US at Chicago O'Hare on November 30, 2016.   The stamp also includes a Visa expiration on February 27,2017.   The I-94 also shows all of the same information.    Now I am by far one of the worst people when it comes to math but I certainly can count to 90 without too many problems, besides the fact that February 20, 2017 comes before February 27, 2017!  

 

I have managed to put yet another packet together to PROVE that she is indeed within the allowed 90 days and eligible for Adjustment of Status.   Honestly, I am fine with having to correct mistakes I have made on the application process, or send missing information, BUT when both of these mistakes are just plain and simple clerical errors on their part, it frustrating to say the least.

I don't know if we were just unfortunate and got someone that is new the department or just doesn't give a #######. 

 

One last thing I did noticed and puzzled me a little bit was where I am suppose to send back the second REF.   The first RFE we received said that we were to send everything back to the address in Chicago.  The same address were initially had submitted the applications.   Now on the second RFE, I am sending this information back to an address in Missouri.  Not really sure why since our home office is in Des Moines, IA. 

 

Well, I just wanted to share my experience with some of you and also to vent a little.   Thanks for your time.:)

[NDB052714 122]

3 hours ago, sfcscott said:

First off, throughout the K-1 process, my spouse and I had not one single problem during the entire journey.   Now that we have started the AOS steps, it appears to be one problem after another.  Before we sent our applications for the AOS, EAD and AP, we made sure that everything was in order by checking, double checking and triple checking everything. 

 

We sent the packets off, and we waited about 3 weeks to receive notification that the packets has been received.   We got NOA1's for the AOS and AP, but were sent a rejection notice for the EAD.   The rejection notice stated that we had not submitted to correct fee to process our application.  I did some research just to make sure I wasn't wrong about the Fee for the EAD and AP would be waived if we submitted both applications along with the AOS.  I also called the Help Line just to verify with them, that this was correct.  They confirmed everything I had read here and on the USCIS website.  So, I made copies of the NOA1's that I had received from the AOS and AP along with a cover letter explaining that the fee for the EAD should have been waived as it was sent at the same time as the AOS.

 

Approximately 2 weeks after receiving the NOA1 for our AOS, we got a letter in the mail with a date and time for my wife to go to Des Moines for her Biometrics appointment.  At this point we THOUGHT everything was good and it would just be a waiting game.  That was not the case!   Yesterday we received another letter that was a Request for Initial Evidence (I-485).  The letter said that my wife and I were not married within the 90 days as required by the K-1 visa she had used to enter the United States.   Now, I have copies of everything that we had sent with our AOS packet (Marriage Certificate, Passport, K-1 Visa, Visa Stamp, I-94).   The Marriage Certificate shows our date of marriage on February 20, 2017.  The K-1 Visa Stamp shows she entered the US at Chicago O'Hare on November 30, 2016.   The stamp also includes a Visa expiration on February 27,2017.   The I-94 also shows all of the same information.    Now I am by far one of the worst people when it comes to math but I certainly can count to 90 without too many problems, besides the fact that February 20, 2017 comes before February 27, 2017!  

 

I have managed to put yet another packet together to PROVE that she is indeed within the allowed 90 days and eligible for Adjustment of Status.   Honestly, I am fine with having to correct mistakes I have made on the application process, or send missing information, BUT when both of these mistakes are just plain and simple clerical errors on their part, it frustrating to say the least.

I don't know if we were just unfortunate and got someone that is new the department or just doesn't give a #######. 

 

One last thing I did noticed and puzzled me a little bit was where I am suppose to send back the second REF.   The first RFE we received said that we were to send everything back to the address in Chicago.  The same address were initially had submitted the applications.   Now on the second RFE, I am sending this information back to an address in Missouri.  Not really sure why since our home office is in Des Moines, IA. 

 

Well, I just wanted to share my experience with some of you and also to vent a little.   Thanks for your time.:)

 

Hey! Sorry it has been such a difficult and frustrating process. Hope it improves! Best of luck...

 

~David & Noom

[sfcscott 34]

Thanks David!  Nice to hear from you again.  I hope all is well with you and Noom.  

[Suss&Camm 2,213]

All i485, I 765 and i131 packages category c9 are transferred to the National Benefits Center (NBC) in Missouri from Chicago. .. ead and AP are completely processed there... so are some aos's that get direct approval while the rest get transferred to their individual field offices after that..

Sorry about your issues.. you are not alone - and good luck going forward 

[sfcscott 34]

12 hours ago, Suss&Camm said:

All i485, I 765 and i131 packages category c9 are transferred to the National Benefits Center (NBC) in Missouri from Chicago. .. ead and AP are completely processed there... so are some aos's that get direct approval while the rest get transferred to their individual field offices after that..

Sorry about your issues.. you are not alone - and good luck going forward 

Thank you so much for the information.  I was a little confused on how all of the routing worked for the AOS.  I am assuming that our Biometrics appointment should still be good even though we received an RFE.  Thanks again!   

[Scandi 4,168]

Not sure why you thought it would be smooth sailing after biometrics. Most people who receive an RFE have their biometrics first, then along comes the RFE. Actually, you can receive an RFE at any point between NOA1 and the status "card is being produced", even after the interview if you will have one.

 

I know it sucks, especially when the mistake is completely theirs. I had the same issue with my EAD, the i-765 was sent back because of wrong fee despite the fact that the i-485 and i-131 wee both accepted. You write "packages" as in "several packages", you should have sent all applications in one, maybe you could've avoided the issue. But like I said, I had the same thing happen to me and I sent all three applications in the same package. Sometimes you just have bad luck I guess. We had issues with the i-129f as well, seems like it never ends.

[sfcscott 34]

I never said it would be smooth sailing. I just know that I sent everything that was required and all of the proof.  Yes, the annoying part is that these RFEs are all because of careless work on their part.  If they want more evidence that I did not provide to begin with, I can totally understand that. 

 

When I say packet, I mean the AOS, AP and EAD are all separate applications.  Yes, I did send them all at the same time mailed together.