K2 Visa - AOS Rejected - a Few Questions! :)

[villalst 1]

Hello!

 

I'm currently here in the USA on a K2 visa, principal applicant is my dad. We are going a bit crazy with the AOS filing! We sent in our AOS package last September 27 and received it again in the mail the yesterday, notifying us that the application was rejected. Here's the letter that they sent to the K2s: 

 

 

Although we do understand that the main problem of the initial application that we sent was outdated (we have already updated the forms), and that the other forms that they are asking for supplement in the above letter is optional such as the I-130/I-140/I-360/etc, since the principal and the USC got married within the 90 day period (please correct me if I'm wrong), I just have a few questions to ensure that our second AOS file doesn't come back rejected again hehe: 

 

1. The package came in rearranged and stapled, is it necessary for us to rearrange it again to like it was in the original filing or when we first sent it?

2. In the cover letter, do we need to indicate why we are not submitting the  I-130/I-140/I-360/etc, forms or just leave it alone?

3. Since the initial package was already rejected, do we need to make NEW G-1145 forms or do we just continue with the old ones?

 

 and lastly, I know this is kind of a stupid question but I just want to make sure:

4. USCIS posted an update regarding Form 1-765 (EAD) on Oct 2 (We already submitted the initial application during this time) stating that they are issuing a new form and that the previous forms are valid until 12/04/2017. The USCIS did not mention any problem regarding this but since this is considered a "new application", do you guys recommend that we re-do the I-765 forms while we're at it? 

 

Thank you for the help again! Apologies for the many questions. My siblings and dad came to the US recently under the K visas  and the AOS application has really been stressing him out and I just want to be of help. I'm turning 21 in June of next year, so I believe it's a bit crucial for my case as well, and he really doesn't want to delay anything as much as possible  I hope everything turns out okay.

 

 

[kris&me 572]

Undertanding what u wrote your dad came recently / he is not yet able to apply for u 

the applicant should be step mother / the person would have been the USC that applied for your K2

[Suss&Camm 2,213]

You just need to fill out the current version of the i485 (ofc making sure that all other form versions are still current) - and re-send the package as is. No need to rearrange anything. Add a note on top if you wish "re-sending package with worrect i485 form version" (or something along those lines) and attach a copy of the i797. That's not required, but it's what i would do.

Edited October 7, 2017 by Suss&Camm

[Suss&Camm 2,213]

17 minutes ago, kris&me said:

Undertanding what u wrote your dad came recently / he is not yet able to apply for u 

the applicant should be step mother / the person would have been the USC that applied for your K2

OP came on a K2, they are included on and with  the original K1 that was petitioned. The "applicant" for an AOS is the immigrant.

Edited October 7, 2017 by Suss&Camm

[villalst 1]

8 minutes ago, Suss&Camm said:

You just need to fill out the current version of the i485 (ofc making sure that all other form versions are still current) - and re-send the package as is. No need to rearrange anything. Add a note on top if you wish "re-sending package with worrect i485 form version and a copy of the i797. That's not required, but it's what i would do.

Thank you for the reply, really appreciate it! Rearranging it would be quite the hassle. With this, I assume that we'd have to remove the outdated I-485 forms then?

[Suss&Camm 2,213]

Just now, villalst said:

Thank you for the reply, really appreciate it! Rearranging it would be quite the hassle. With this, I assume that we'd have to remove the outdated I-485 forms then?

Yes  

[GabiMatch 161]

7 minutes ago, villalst said:

Thank you for the reply, really appreciate it! Rearranging it would be quite the hassle. With this, I assume that we'd have to remove the outdated I-485 forms then?

I understand the point of sending the returned application as is, but I would suggest to make a new package, that's what I did when my first package was returned for the same reason as yours (outdated form), since I had a exact copy of my original submission it wasn't as hard and gave me the chance of reviewing all the information on the forms that I submitted (it was actually great as I found some typos and errors)...the only thing that I didn't replace from the original package was the check and money orders...as for my experience it was best and thank god my process is going smooth with any RFE (thank God)...whatever you decide to do I wish you the best of luck on your journey! 

[villalst 1]

1 minute ago, GabiMatch said:

I understand the point of sending the returned application as is, but I would suggest to make a new package, that's what I did when my first package was returned for the same reason as yours (outdated form), since I had a exact copy of my original submission it wasn't as hard and gave me the chance of reviewing all the information on the forms that I submitted (it was actually great as I found some typos and errors)...the only thing that I didn't replace from the original package was the check and money orders...as for my experience it was best and thank god my process is going smooth with any RFE (thank God)...whatever you decide to do I wish you the best of luck on your journey! 

Thank you, GabiMatch! Yes, I've also suggested this to my dad. He has the final say! Hahaha, but thank you very much! I really hope everything goes okay

[Suss&Camm 2,213]

Reassembling anything really isn't necessary. It will just add time for you and for USCIS. It is however a good opportunity to go over the info once more before sending it back. You can use the  "VJ Google search" and search for rejected packages and see what others have been advised, what they have done and what the outcomes were. You won't go wrong either way.

 

In general, good advice when dealing with USCIS is always to respond to what's asked.

[kris&me 572]

yes, he came on K2 but the father just came recently to the US

he was not the sponsor

the USC needs to fill out the application to sponsor the AOS

[Suss&Camm 2,213]

2 minutes ago, kris&me said:

yes, he came on K2 but the father just came recently to the US

he was not the sponsor

the USC needs to fill out the application to sponsor the AOS

the sponsor of a K2 is the same person as the sponsor of the K1 - they have done everything correctly. The dad is the principal applicant, that fills out AOS - the sponsor only fills out i864... there is no question from the OP regarding the sponsor

Edited October 7, 2017 by Suss&Camm

[JFH 12,189]

*~*~*moved from "K-1 fiance visa" to "AOS from K visas"*~*~*

[Hypnos 6,576]

8 hours ago, kris&me said:

Undertanding what u wrote your dad came recently / he is not yet able to apply for u 

the applicant should be step mother / the person would have been the USC that applied for your K2

Wrong. 

 

4 hours ago, kris&me said:

yes, he came on K2 but the father just came recently to the US

he was not the sponsor

the USC needs to fill out the application to sponsor the AOS

Also wrong. 

[geowrian 22,336]

10 hours ago, kris&me said:

yes, he came on K2 but the father just came recently to the US

he was not the sponsor

the USC needs to fill out the application to sponsor the AOS

The AOS applicant is the alien trying to adjust status. A USC cannot file an I-485.

The USC would still be the petitioner for the I-864, which is required to adjust from a K-class visa.

Edited October 8, 2017 by geowrian

[villalst 1]

Hi guys, I'm trying to make a cover letter for the resubmission of these documents. What should I indicate in the letter and how do you guys suggest that I tell them that we don't need to submit the I-130,I-140 and other docs they're asking for as per the rejection notice? Thank you!!!