AOS denial, what's next to do.

[Jojo-seedorf 0]

My AOS was denied. According to the letter it said ''The evidence of record shows that, when you filed your application, you were lawfully present in the United States. Your period of authorized stay has expired. You are not authorized to remain in the United States. If you fail to depart the United States within 33 days of the date of this letter, USCIS may issue you a Notice to Appear and commence removal proceedings against you with the immigration court."

 

Pls has anyone received this denial letter? 

I came in with k1 and married to my wife.

Pls i need your advice.  

[Villanelle 4,121]

Why were you denied?

[Going through 5,668]

Depends on reason for denial as to what your next steps may be.

[mytruelove18 607]

16 minutes ago, Jojo-seedorf said:

My AOS was denied. According to the letter it said ''The evidence of record shows that, when you filed your application, you were lawfully present in the United States. Your period of authorized stay has expired. You are not authorized to remain in the United States. If you fail to depart the United States within 33 days of the date of this letter, USCIS may issue you a Notice to Appear and commence removal proceedings against you with the immigration court."

 

Pls has anyone received this denial letter? 

I came in with k1 and married to my wife.

Pls i need your advice.  

You need explain about your ibterview, all depends from the resons why they deny you

[Ben&Zian 4,397]

Yup much more information needed including full time line of your K-1 entry to marriage dates and all that stuff.

[Jojo-seedorf 0]

22 minutes ago, username_taken said:

Why were you denied?

I wasn't invited for interview yet. The reason they said is that "I failed to provide a properly completed Form 1-864, Affidavit of support under Section 213A of the Act , and supporting financial documents from the petitioner, being my wife."

[Ben&Zian 4,397]

Just now, Jojo-seedorf said:

I wasn't invited for interview yet. The reason they said is that "I failed to provide a properly completed Form 1-864, Affidavit of support under Section 213A of the Act , and supporting financial documents from the petitioner, being my wife."

 

Well if you did supply it, and they had issues with it, you should have received an RFE. Have you ever gotten one or seen a status update online about it? They don't just come right out and deny you, they give you an opportunity.

[Shiran 1,134]

19 minutes ago, Jojo-seedorf said:

I wasn't invited for interview yet. The reason they said is that "I failed to provide a properly completed Form 1-864, Affidavit of support under Section 213A of the Act , and supporting financial documents from the petitioner, being my wife."

Have you included form I-864 along with supporting evidence (Tax transcripts usually) with your I-485?

[Going through 5,668]

40 minutes ago, Jojo-seedorf said:

I wasn't invited for interview yet. The reason they said is that "I failed to provide a properly completed Form 1-864, Affidavit of support under Section 213A of the Act , and supporting financial documents from the petitioner, being my wife."

Did you receive a RFE for this at some point, (a notice asking for the i-864/supporting documents) and did not respond to that RFE or did not send them specifically what they requested in that RFE, by the date noted in the letter?  

 

If you received a RFE and If you failed to respond sufficiently to the RFE by the time limit set out, it can lead to the case being administratively closed.  Although I have also heard of a few cases where some petitions/applications are being outright denied now for failure to send in required documents with an application rather than a RFE sent out first.

 

From USCIS updates:

 

If all required initial evidence is not submitted with the benefit request, USCIS, in its discretion, may deny the benefit request for failure to establish eligibility based on lack of required initial evidence. Examples of filings that may be denied without sending an RFE or NOID include, but are not limited to:     

• Waiver applications submitted with  little to no supporting evidence; or
• Cases where the regulations, the statute, or form instructions require the submission of an official document or other form of evidence establishing eligibility at the time of filing and there is no such submission. For example, an Affidavit of Support (Form I-864), if required, was not submitted with an Application to Register Permanent Residence or Adjust Status (Form I-485).

 

https://www.uscis.gov/news/news-releases/uscis-updates-policy-guidance-certain-requests-evidence-and-notices-intent-deny

Edited April 23, 2019 by Going through

[Going through 5,668]

My suggestion would be to file a fresh i-485, including all appropriate evidence/documents/concurrent filings along with that.

 

[Jojo-seedorf 0]

41 minutes ago, Shiran said:

Have you included form I-864 along with supporting evidence (Tax transcripts usually) with your I-485?

I did everything required....

 

[Jojo-seedorf 0]

31 minutes ago, Going through said:

Did you receive a RFE for this at some point, (a notice asking for the i-864/supporting documents) and did not respond to that RFE or did not send them specifically what they requested in that RFE, by the date noted in the letter?  

 

If you received a RFE and If you failed to respond sufficiently to the RFE by the time limit set out, it can lead to the case being administratively closed.  Although I have also heard of a few cases where some petitions/applications are being outright denied now for failure to send in required documents with an application rather than a RFE sent out first.

 

From USCIS updates:

 

If all required initial evidence is not submitted with the benefit request, USCIS, in its discretion, may deny the benefit request for failure to establish eligibility based on lack of required initial evidence. Examples of filings that may be denied without sending an RFE or NOID include, but are not limited to:     

• Waiver applications submitted with  little to no supporting evidence; or
• Cases where the regulations, the statute, or form instructions require the submission of an official document or other form of evidence establishing eligibility at the time of filing and there is no such submission. For example, an Affidavit of Support (Form I-864), if required, was not submitted with an Application to Register Permanent Residence or Adjust Status (Form I-485).

 

https://www.uscis.gov/news/news-releases/uscis-updates-policy-guidance-certain-requests-evidence-and-notices-intent-deny

No form of request asking for supporting documents...

 

[Jojo-seedorf 0]

43 minutes ago, Shiran said:

Have you included form I-864 along with supporting evidence (Tax transcripts usually) with your I-485?

I included all necessary documents..

[Going through 5,668]

Can you list in this thread exactly what you sent with your i-485?  List all documents you submitted with your filing.

[Pinkrlion 2,607]

Review your documents again to make sure.  You can file again, but will have to pay again.  If you receive NTA, it is time to get a lawyer.