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Jose42

I-797 Rejection Notice - Need Help

By Jose42 in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

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Jose42 Rookie

Jose42   2

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Filed: AOS (pnd) Country: Venezuela
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3 hours ago, geowrian said:

She came on a K-1 and the child on a K-2, so the lines above referring to an I-130 for a K-3/K-4 does not pertain to your case.

Follow the guides linked above. They cover AOS from K-1.

 

I'm not sure what you are quoting from. A K-2 AOS applicant does not need an I-130 (unless the marriage was after 90 days, again).

After having contacted a USCIS representative, he confirmed that it is not necessary to send the I-130 form as you indicated. 
The question now is.

What to do with all I-797 (Notice of Action) that I riceved 

The only forms to fill would be

I-485  (1 for my wife and 1 for her son)
Money order of $1140 for my wife $750 for her son and $85 for my wife
I-864 (1 for my wife and 1 for her son)
I-765 (for my wife)
I-131 (1 for my wife and 1 for her son)
I-693 (for my wife and 1 for her son)
G-1145 (1 for my wife and 1 for her son)
G-325 (1 for me and 1 for my wife)

Make sure all the forms are actulizaded.

There anything else that I need to know before i take any further action ?

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geowrian
geowrian

She came on a K-1 and the child on a K-2, so the lines above referring to an I-130 for a K-3/K-4 does not pertain to your case. Follow the guides linked above. They cover AOS from K-1.  

TNJ17
TNJ17

You’re making things way more complicated than they are. Just follow the adjustment of status from K1/K2 guide on here and on USCIS website and you’ll be fine. 

geowrian
geowrian

OP came on a K-1 and married within 90 days. They have no PD as they would do AOS via an underlying I-129F, not an I-130. Secondly, since the OP is married to a USC, the PD would have been curren

Jose42 Rookie

Jose42   2

Posted
Filed: AOS (pnd) Country: Venezuela
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Posted

After having contacted a USCIS representative, he confirmed that it is not necessary to send the I-130 form as you indicated. 
The question now is.

What to do with all I-797 (Notice of Action) that I riceved 

The only forms to fill would be

I-485  (1 for my wife and 1 for her son)
Money order of $1140 for my wife $750 for her son and $85 for my wife
I-864 (1 for my wife and 1 for her son)
I-765 (for my wife)
I-131 (1 for my wife and 1 for her son)
I-693 (for my wife and 1 for her son)
G-1145 (1 for my wife and 1 for her son)
G-325 (1 for me and 1 for my wife)

Make sure all the forms are actulizaded.

There anything else that I need to know before i take any further action ?

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JFH Grand Master

JFH   12,189

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Filed: Citizen (apr) Country: United Kingdom
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*~*~^moved from "K-1 fiancé visa process and procedures" to "adjustment of status from K-visas"*~*~*

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

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Highmystic Community Regular

Highmystic   234

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Filed: K-1 Visa Country: Philippines
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3 hours ago, Jose42 said:

After having contacted a USCIS representative, he confirmed that it is not necessary to send the I-130 form as you indicated. 
The question now is.

What to do with all I-797 (Notice of Action) that I riceved 

The only forms to fill would be

I-485  (1 for my wife and 1 for her son)
Money order of $1140 for my wife $750 for her son and $85 for my wife
I-864 (1 for my wife and 1 for her son)
I-765 (for my wife)
I-131 (1 for my wife and 1 for her son)
I-693 (for my wife and 1 for her son)
G-1145 (1 for my wife and 1 for her son)
G-325 (1 for me and 1 for my wife)

Make sure all the forms are actulizaded.

There anything else that I need to know before i take any further action ?

I believe the G-325 has been retired as a form to submit.

 

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Jose42 Rookie

Jose42   2

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Filed: AOS (pnd) Country: Venezuela
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Now that I don't need the G-325 form and the I-130  

It came donw to this 

I-485 (1 for my wife and 1 for her son)
Money order of $ 1140 for my wife $ 750 for her son and $ 85 for my wife
I-864 (1 for my wife and 1 for her son)
I-765 (for my wife)
I-131 (1 for my wife and 1 for her son)
I-693 (for my wife and 1 for her son)
G-1145 (1 for my wife and 1 for her son)


Should I send all the Notice of Action I-797 (7 in total) that was sent to me, along with the new packages.

 

Should I fill all the forms again  with the most up-to-date date because the I-864 forms are outdated and I need to fill new ones but i don't know about the others ones.

 

In the I-693 of my wife she appears with her birth name, and in the rest of the forms appears with the new name (Married Name) That could be a problem?

 

Please if someone can help me with this information.

 

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A&H2018 Community Regular

A&H2018   146

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Filed: L-1 Visa Country: Canada
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If you read the guide in the link, you would know that G-325 is not needed. Your applicaiton was rejected in total, forget about it and throw it aside. All the answers to your questions in the guides if you ever decide to read it.

 

Everything you did to date is wrong, read the guides and start totally over.

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TNJ17 Proficient

TNJ17   1,329

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Filed: K-1 Visa Country:
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You’re making things way more complicated than they are. Just follow the adjustment of status from K1/K2 guide on here and on USCIS website and you’ll be fine. 

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Jose42 Rookie

Jose42   2

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Filed: AOS (pnd) Country: Venezuela
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Guys I really appreciate all the information, for me it has been 5 months of stress and money in the trash for having been badly advised, I am going to start working according to the instructions of the link.

Thank you very much everyone

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Prystine Collaborator

Prystine   184

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Filed: Citizen (apr) Country: Norway
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Also, make sure to pull the most recent forms for all of these from the uscis website and use them, not any old copies you may have as several of these have been updated relatively recently.

I'm the USC

K1 Visa Process:

 
  • I-129F Packet Sent: 09/11/2015 (Sent to Dallas, TX Lockbox)
  • Delivery Confirmation: 09/16/2015
  • NOA1 Received (Electronic notice): 09/18/2015 (Sent to CSC)
  • NOA1 Received (Hard Copy): 09/26/15
  • NOA2 Received (Electronic notice): 10/06/2015
  • NOA2 Received (Hard Copy): 10/10/2015
  • NVC Received: 10/26/2015
  • NVC Case# Assigned: 10/30/2015
  • NVC Sent to Consulate: 11/02/2015
  • Consulate Received: 11/05/2015
  • Packet 3 Received: 11/12/2015
  • Packet 3 Sent (DS160 Completed & Visa Fee Paid): 11/21/2015
  • Medical Date: 12/16/2015
  • Interview Date: 01/14/2016 (approval pending medical paperwork from Visa Medical Dr. office)
  • Medical Paperwork Sent: 01/27/2016
  • Medical Paperwork Received by Embassy: 02/03/2016
  • Visa Approved: 02/04/2016
  • Visa Issued: 02/05/2016
  • Visa Received: 02/11/2016
  • US Entry (POE): 03/12/2016
  • Applied for SSN: 03/17/2016
  • SSN & Temp Card Received: 03/23/2016
  • Marriage Date: 04/21/2016

AOS/EAD/AP Process:

Spoiler
  • I-485/I-797/I-131 Packet Sent: 05/10/2016 (Sent to Chicago, IL Lockbox)
  • Tracking Shows Packet Delivered: 05/12/16
  • NOA1 Received (Electronic notices): 05/19/16 (for all 3: AOS, EAD & AP)
  • NOA1 Received (Hard Copies): 05/23/16 (Notice date of 5/18/16 for all 3)
  • Biometrics Appt. Letter Received: 06/10/16
  • Biometrics Appt. Scheduled for: 06/20/16
  • Biometrics Appt. Completed: 06/20/16
  • EAD/AP Approved: 07/28/2016 {Day 76}
  • EAD/AP Card Received: 08/03/16 {Day 82}
  • DL Tests passed & 1yr. DL issued: 08/18/16
  • AOS Approved: 08/29/16 (Interview waived & Approval notice received in the mail on 9/1/16) {Day 108)
  • 2yr. Greencard Received: 09/09/16 {Day 119)
  • Updated info. w/Social Security Office: 09/22/16
  • Updated info. w/DMV & New 4yr. DL issued: 09/22/16
  • New Permanent SSN Card Received: 09/28/16

1st Date we can File ROC: 05/30/18

ROC Process:

Spoiler
  • I-751 Packet Sent: 06/11/18 (Sent to California Service Center)
  • Tracking Shows Packet Delivered: 6/13/18
  • Check Shows Cashed: 6/28/18
  • NOA1 Received (Hard Copy): 6/30/18 (Notice date of: 06/26/18)
  • Biometrics Appt. Letter Received: 3/16/19 (Notice date of: 03/08/19) - USCIS Biometrics Waiver Notice Received
  • Biometrics Appt. Scheduled for: N/A - (USCIS is resusing previous fingerprints/biometrics from AOS)
  • Notice of Transfer Received: 3/21/19 (Notice date of 03/15/19 )- USCIS transferred case to the Potomac Service Center in Arlington, VA for processing.
  • Interview Date: N/A - (Interview waived, received Electronic notice on 4/18/19 of update to case. It was  the ROC Approval with and approval date of 4/17/19)
  • ROC Approved: 4/15/19 (Received Electronic notice on 4/18/19 with an approval date of 4/17/19. Received Hard Copy in the mail on 4/20/19 with a Notice date of 4/15/19)
  • 10yr. Greencard Received: 4/24/19

1st Date we can File Naturalization (N400): 05/30/19

Naturalization Process:

Quote
  • N-400 packet Sent: 3/13/2020 (Submitted online via the USCIS Website)
  • NOA1 Received (Elecctronic Notice): 3/13/2020 (Notice date of: 3/13/2020) - Document itself viewable online on 3/17/2020
  • NOA1 Received (Hard Copy): 3/20/2020
  • Biometrics Appt. Letter Received (Electronic Notice): 3/14/2020 (Notice date of: 3/13/2020) - Document itself viewable online on 3/17/2020
  • Biometrics Letter Received (Hard Copy): 3/21/2020
  • Biometrics Appt. Scheduled for: 3/30/2020 (OKC local Field Office) - Office closed due to COVID-19, haven't received cancellation/reschedule notice yet... 😭
  • Re-Scheduled Biometrics Appt. Letter Received (Electronic Notice): 12/10/2020 (Notice date of: 12/10/2020) - USCIS Biometrics Reuse Notice Received
  • Re-Scheduled Biometrics Letter Received (Hard Copy): 12/15/2020
  • Re-Scheduled Biometrics Appt. for: N/A - (USCIS is reusing previous fingerprints/biometrics from AOS)
  • Interview Appt. Letter Received (Electronic Notice): 12/29/2020 (Notice date of: 12/29/2020) - Document itself viewable online on 12/30/2020
  • Interview Letter Received (Hard Copy): 1/11/2021
  • Interview Date: 02/17/2021 (at 1:30pm; OKC local Field Office) - Office closed due to Hazardous Weather Conditions; waiting for reschedule notice. 😭
  • Interview CANCELLATION Notice Received (Electronic Notice): 2/17/2021 (Notice date of: 2/17/2021) - voicemail from USCIS advising of cancellation received on 2/16/2021; document itself viewable online on 2/20/2021
  • Interview CANCELLATION Notice Received (Hard Copy): 2/26/2021
  • Re-Scheduled Interview Letter Received (Electronic Notice): 2/22/2021 (Notice date of: 2/22/2021) - Document itself viewable online on 2/24/2021
  • Re-Scheduled Interview Letter Received (Hard Copy): 3/1/2021
  • Re-Scheduled Interview Date for: 4/13/2021 (at 8:45am; OKC local Field Office) - Received recommended for Approval paper from USCIS Officer, waiting for confirmation and oath ceremony to be scheduled.
  • Naturalization Approved: 4/13/2021 
  • Oath Ceramony Appt. Letter Received (Electronic Notice): 4/14/2021 (Notice date of: 4/14/2021) - Document itself viewable online same day.
  • Oath Ceramony Letter Received (Hard Copy): 4/23/2021 
  • Oath Ceramony Date: 4/27/2021 (at 1:30pm; OKC local Field Office) - Oath completed, naturalization certificate in hand :dance:
  • Update SSN Info Appt. Scheduled for: 6/4/2021 - update from LPR to US Citizen w/SS Office...Done, waiting on new ss card in mail.
  • Updated SSN Card Received: / /
  • Updated Drivers License Received: / /
  • Applied for US Passport: / /

 

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Amadia Proficient

Amadia   711

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Filed: Citizen (apr) Country: Trinidad and Tobago
 Timeline
Posted
20 hours ago, Jose42 said:

from the beginning I was told that I had to fill out the I-130 form for each of the beneficiaries with a money order for each of $ 535.00

Um.....who exactly told you this misinformation??? Other experienced members have provided a link for you to review regarding YOUR process. Please take the time to go over the information in said link and follow it accordingly.

IR-1/CR-1
Spoiler

GOT MARRIED: 3-APR-2015 :wub:

HUSBAND FILED I-130: 29-MAY-2015

VISAS APPROVED: 15-JUN-2016

VISAS IN HAND; GREEN CARD FEES PAID: 21-JUN-2016

PORT OF ENTRY - FT. LAUDERDALE INTL AIRPORT: 06-AUG-2016
CONDITIONAL GREEN CARDS RECEIVED: 23-SEP-2016
 
I-751 FILER   
Spoiler
FILED REMOVAL OF CONDITIONS: 25-JUN-2018
FILE SENT TO NEBRASKA SERVICE CENTER 11-MAY-2019
10-YR GREEN CARDS APPROVED 17-JUN-2019 
10-YR GREEN CARDS RECEIVED 21-JUN-2019 :dance: 

N-400 FILER
Spoiler
FILED CITIZENSHIP ONLINE; RECEIVED NOA1: 8-DEC-2019
BIOMETRICS WALK-IN: 18-DEC-2019
INTERVIEW SCHEDULED: 26-OCT-2020
APPROVED/SAME DAY OATH CEREMONY: 26-OCT-2020
 
US PASSPORT
APPLICATION APPOINTMENT AT USPS (ROUTINE): 16-SEP-2021
PASSPORT APPROVED: 30-SEP-2021
PASSPORT RECEIVED: 5-OCT-2021
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Jose42 Rookie

Jose42   2

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Filed: AOS (pnd) Country: Venezuela
 Timeline
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19 minutes ago, Prystine said:

Also, make sure to pull the most recent forms for all of these from the uscis website and use them, not any old copies you may have as several of these have been updated relatively recently.

That's what I'm doing right now, in the first package I sent the I-864 with the wrong date. Thank you very much for the information.

 

😒

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Int_Advisor_MA Newbie

Int_Advisor_MA   0

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The fact that your I-485 application was rejected because USCIS said that your priority date was not current suggests that either: a) USCIS made an error; or b) you did not confirm that the priority date was current based on the Visa Bulletin. Depending on the relationship between you and your family member, your family member may have to wait before applying for AOS. The priority date must be current on the date USCIS receives your petition. USCIS has been making many errors lately. If the priority date is current you could try re-submitting with a copy of the Visa Bulletin if you are confident this was an error. Make sure the form is filled out correctly.

 

USCIS said that the I-130 must also be concurrently filed with the I-485. If one form is rejected they said that they can't accept the other. I don't know your visa history, but you should look into this.

 

The I-131 application for Advance Parole based on an AOS application will not be accepted by itself.

 

One of the forms you completed is outdated. Always check the USCIS website to ensure that you are using the correct forms.

 

MAKE SURE YOUR FAMILY MEMBER HAS AN UNDERLYING IMMIGRATION STATUS TO KEEP HIM/HER IN THE U.S. LAWFULLY. Be mindful of expiration dates. Check I-94 records.USCIS just issued a new policy this summer that foreign nationals who fall out of status can be fast tracked into removal proceedings in situations where this would not occur in the past, even for minor infractions. I just listened to a national USCIS conference call on unlawful presence yesterday and it was chilling.

 

Lastly, this is not legal advice and I am not aware of your full situation. I HIGHLY recommend that you consult with a reputable, local immigration attorney. Check out AILA (American Immigration Lawyers Association) as opposed to a Google search.

 

The immigration landscape has become hostile and increasingly complex. DO NOT DO THIS ON YOUR OWN. Always work with a reputable immigration attorney. Be mindful of any attorney who offers "money back guarantees" or touts their success rates online. If it sounds too good to be true, be suspicious.

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Jose42 Rookie

Jose42   2

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Filed: AOS (pnd) Country: Venezuela
 Timeline
  • Author
Posted
6 minutes ago, Amadia said:

Um.....who exactly told you this misinformation??? Other experienced members have provided a link for you to review regarding YOUR process. Please take the time to go over the information in said link and follow it accordingly.

They guided me wrong, it was a wasting of time and money, but thanks to this forum I think it will be ease to resend the package, I will definitely take time and precaution to fill out the forms.
Once again thank you very much to all of you

I'll keep you all updated !!!!!!

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