I-797 Rejection Notice - Need Help

[Amadia 711]

23 minutes ago, Jose42 said:

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 !!!!!!

Good!

Immigration has many schemes with empty promises waiting around every corner. This could be attorneys or companies trying to make a quick dollar off every person who wishes to emigrate to USA. Many people fall victim to these types of schemes and a lot of money is lost.

 

VJ members are here to uplift, empower and educate new members while still having a bit of fun in the process. We also learn off of each other's experiences. Glad to have you aboard!

[geowrian 22,336]

26 minutes ago, Int_Advisor_MA said:

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.

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 current immediately, so concurrent filing is permitted.

 

26 minutes ago, Int_Advisor_MA said:

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.

A spouse of a USC is exempt from the AOS bar for an overstay or failure to maintain valid status.

 

26 minutes ago, Int_Advisor_MA said:

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.

Most cases are DIY and do not require an attorney..

[Jose42 2]

45 minutes ago, Int_Advisor_MA said:

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.

Then let me inform you of my case to see if you can send me more accurate information.

My wife entered the country with a K1 visa and her son with a K2 visa, we got married within 90 days but between filling out the forms, seeking legal help time and money we were not able to apply for the AOS within those 90 days. We found legal help and this was what she told us we had to do.

fill out form I-485 for her and the child (Money Order $ 1140 and $ 85 her $ 750 the child)
fill out form I-864 for her and the child
fill out the I-130 form (for me and her) and the child (Money Order for each of $ 535)
fill out form I130A for her
fill out form G-325 for her and for me
fill out form I-131 for her and the child
fill out form G-1145 for her and the child
the I-693 form for her and the child

All that together with all the proper documentation (I-94, Taxes, etc) 

We sent the package and approximately 21 days later all the 2 packages were returned with the Notice of Action (I-797) mentioned in the forum, this is where the stress began that I thought I had left behind when the packages were sent.
I present my case in this forum and the confusion begins as I was informed that there was no need to send I-130, I-130A, G-325 and that I have to fill out I-765 for the child so that he can opt for a social security number.
I will like to send the new packages my self for money reasons, this is why im looking for more accurate information.
 

I forgot to mention that yesterday I contacted a USCIS representative in the Live Chat and confirmed that the I-130 is not necessary 

So far I am following the instructions of the link that forum members sent me

Thank you very much 

 

[NikLR 13,220]

5 minutes ago, Jose42 said:

Then let me inform you of my case to see if you can send me more accurate information.

My wife entered the country with a K1 visa and her son with a K2 visa, we got married within 90 days but between filling out the forms, seeking legal help time and money we were not able to apply for the AOS within those 90 days. We found legal help and this was what she told us we had to do.

Check/Money order for  $1975 OR Check for $1225 for Wife and $750 for child.  

fill out form G-1145 for her and the child

fill out form I-485 for her and the child
fill out form I-864 for her and the child
fill out the I-130 form (for me and her) and the child (Money Order for each of $ 535)   NO!!!! 
fill out form I130A for her  NO!!
fill out form G-325 for her and for me NO!!
fill out form I-131 for her and the child

include I-765 for both her and child
the I-693 form for her and the child

All that together with all the proper documentation (I-94, Taxes, etc) You need the NOA2 for the I-129F

We sent the package and approximately 21 days later all the 2 packages were returned with the Notice of Action (I-797) mentioned in the forum, this is where the stress began that I thought I had left behind when the packages were sent.
I present my case in this forum and the confusion begins as I was informed that there was no need to send I-130, I-130A, G-325 and that I have to fill out I-765 for the child so that he can opt for a social security number.
I will like to send the new packages my self for money reasons, this is why im looking for more accurate information.
 

I forgot to mention that yesterday I contacted a USCIS representative in the Live Chat and confirmed that the I-130 is not necessary 

So far I am following the instructions of the link that forum members sent me

Thank you very much 

 

My corrections in bold and red. 

[NikLR 13,220]

1 hour ago, Int_Advisor_MA said:

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.

People on this forum have been filing on their own for YEARS, OVER a decade really.  With an uncomplicated case it is certainly easy to file on your own unless you have issues with understanding forms or understanding english.  Complicated cases obviously should seek a qualified and reputable attorney.  It sounds like the OP tried to do that and was steered in a very wrong direction.  Your post is also incorrect in many ways, which is unfortunate.  Perhaps you didn't spend the time to read the entire thread before responding?  

[Jose42 2]

4 minutes ago, NikLR said:

My corrections in bold and red. 

THANK YOU VERY VERY MUCH 

[NikLR 13,220]

Just now, Jose42 said:

THANK YOU VERY VERY MUCH 

I am glad you found us here.  We can certainly help steer you in the right direction.  Best wishes!!

[Jose42 2]

Definitely, the process of assembling the packages has been much easier after the help of all of you.
Now another question.
What should i do with the I-693 and the medical results? The same documents need to be  sent back to USCIS or we have to go to the doctor again.
If we send the same documents,  what happens if on that I-693 my wife has her birth name and in all other forms she has the married name ? 
Any Advise.

Many Thanks 

[NikLR 13,220]

Theres no issue about birth and married names. The marriage certificate shows why she is using a different name. 

[Scandi 3,979]

You don't need thei-693 either, as a K-1 and K-2 they already had their medical exams in their home country. Just send in a copy of the DS-3025 that they received at the medical, it should be marked "complete".

[Jose42 2]

12 hours ago, NikLR said:

Theres no issue about birth and married names. The marriage certificate shows why she is using a different name. 

Thank you 

[Jose42 2]

10 hours ago, Scandi said:

You don't need thei-693 either, as a K-1 and K-2 they already had their medical exams in their home country. Just send in a copy of the DS-3025 that they received at the medical, it should be marked "complete".

Even if it's been more than a year since the last exam. We have the new one that is dated 3 months ago and it was the one that we sent along with the whole package that they returned to us, USCIS opened that envelope and returned to us.
Thank you