I 485denied. Can I get work visa or something instead?

[Minori 111]

4 minutes ago, Unlockable said:

OK. Based on what you posted about the RFE, the easiest route now is to refile the AOS and include the items the RFE asked for. 

 

Are you and your spouse still together?

Ahhh :(( 

Yes, but we don’t afford to refile and he doesn’t want to pay. :((

[Unlockable 7,306]

4 minutes ago, Minori said:

Ahhh :(( 

Yes, but we don’t afford to refile and he doesn’t want to pay. :((

Why is it $3000? Do you have kids you are adjusting also?

 

Him not wanting to pay is not an immigration issue, unfortunately. But it is in your (and his) best interest to get this resolved.

[Minori 111]

Just now, Unlockable said:

Why is it $3000? Do you have kids you are adjusting also?

 

Him not wanting to pay is not an immigration issue, unfortunately. But it is in your (and his) best interest to get this resolved.

Yes, I have a son so double and plus medical...

 

I know... I don’t know which is cheaper to refile or hire an attorney for I-209 or 290 something like that. 

[Georgia16 2,858]

6 minutes ago, Minori said:

Yes, I have a son so double and plus medical...

 

I know... I don’t know which is cheaper to refile or hire an attorney for I-209 or 290 something like that. 

Didn't you get medical with the K-1 then it is not required to get it again.

 

It will not be $3000 to file for the AOS for the both of you. The EAD and Ap are fee waived for the both of you when applied for with the AOS. 

Depending on the K-2's age they also received a lower fee for the AOS. 

 

Your main problem here is you don't read the instructions right and therefore make mistakes on your case.

I would suggest to re-fil the case for the both of you. Come back in here with a complete list of what you are sending so people can help you in case you are missing something. You may be lucky that it will pass your 2. anniversary and you guys will get 10 year GC instead. But your main issue right now is that neither you or your son is in status here.

[Scandi 3,972]

45 minutes ago, belinda63 said:

The RFE was not responded to within the time limit. Your AOS was denied for this. You have two choices, refile or leave the US.

The EAD is tied to the AOS, if the AOS is denied then your EAD is denied. You cannot obtain an EAD without a pending AOS application so I'm not sure on what basis you filed for a second EAD.

I got to the same conclusion. Not sure why the denials are a mystery to some, it seems pretty clear, no? If it was in fact denied, that is.

 

OP: Refiling is obviously the way to go. Find the money to do it. And make sure you respond to any potential RFE on time.

 

At least this way you might not have to go through ROC later down the road, that saves you some money.

Edited September 30, 2019 by Scandi

[Unlockable 7,306]

51 minutes ago, belinda63 said:

The RFE was not responded to within the time limit. Your AOS was denied for this. You have two choices, refile or leave the US.

The EAD is tied to the AOS, if the AOS is denied then your EAD is denied. You cannot obtain an EAD without a pending AOS application so I'm not sure on what basis you filed for a second EAD.

 

7 minutes ago, Scandi said:

I got to the same conclusion. Not sure why the denials are a mystery to some, it seems pretty clear, no? If it was in fact denied, that is.

 

OP: Refiling is obviously the way to go. Find the money to do it. And make sure you respond to any potential RFE on time.

 

At least this way you might not have to go through ROC later down the road, that saves you some money.

When I was reading their post history I could have sworn I saw a post saying that they had the first EAD denied prior to the AOS denial. But it was a quick scan of all their posts so I may have been mistaken. So that is why it seemed suspicious to have an EAD during the process then subsequent AOS denial. An EAD denial for an RFE didn't seem right. But again, it all makes sense now. I misread prior threads.

Edited September 30, 2019 by Unlockable

[geowrian 22,336]

22 minutes ago, Georgia16 said:

Didn't you get medical with the K-1 then it is not required to get it again.

Only if AOS is filed within 1 year of the medical. OP's timeline shows they got the K-1 visa in April 2018 (meaning the medical was prior to this), so they do need a new medical to adjust status now.

But the medical doesn't need to be sent with the I-485...they can do the medical when they get the interview notice and submit it at the interview.

Edited September 30, 2019 by geowrian

[Georgia16 2,858]

2 minutes ago, geowrian said:

Only if AOS is filed within 1 year of the medical. OP's timeline shows they got the K-1 visa in April 2018 (meaning the medical was prior to this), so they do need a new medical to adjust status now.

But the medical doesn't need to be sent with the I-485...they can do that when they get the interview notice.

Okay didn't know it had been that long. That sucks. But is what it is if they want to adjust. 

[Minori 111]

This is my timeline

 

2018 

08.25 NoA 1 Letter (form I-797) Received 09.04 Biometrics (Fingerprint Collection, Photography)

11.08 Request for Evidences Letter sent out

 

12.23 Knew about the RFE on line case status.

12.27 I did not receive notices, called to resend request.  

 

2019.

01.12 RFE arrival to only my son

01.16 resend request online to Send RFE for me

01.27 received for me  

03.01 sent missing documents to USCIS 03.05 “receives document & process resumes” by text message and status online

08.09 Called USCIS, told again that it was only crowded online and could not hear in detail, and found that the online request

08.14 work permit (EAD) was rejected or terminated on February 27 knew by an email as a response to an online inquiry  08.20 called but they didn’t see my denial so I requested denial notices on line just incase. On the same day, contacted that EAD's second application was accepted and called USCIS confirmed on homepage.  08.21 called and the person said the first EAD is rejected, but the green card application itself is still pending 

08.22 Since I requested a rejection notice on the 20th, I was told to wait until September 10,

..... nothing 

09.24 Talked to Tier2, she didn’t see my denial on her system. She requested to look into about my case and told me to wait for an email by September 28

 

09.30 today I’m now waiting for Tier2 to get call back tasking to you guys. 

3:30am here...

[Minori 111]

Sorry it’s hard to read with the different font size 

[K1visaHopeful 2,679]

Seems pretty simple to me.

You were denied for not providing an I864 for your petitioner (or filling it out incorrectly or not providing the correct financial documents).

 

You had between Jan 12th (or so as you have only mentioned that date and not the received date for your son's RFE or expiry date of that RFE) and 90 days from that to comply and you didnt for your son.

 

I dont see that there is much to appeal. You had plenty of time to fill out two I864s for your spouse as at minimum you had from late January to beginning of March to do so. Your Jan 12th and Jan 27th RFE notices would have explained clearly when you needed to comply by.

 

I see your only option to refile. Appealing wont be prosperous because you had been given plenty of time. If you dont, you will put into removal proceedings for deportation. Money cant be a factor here if you want to stay. 

 

PS show us the compliance dates on each of the RFEs. 

Why did you not comply in time?

Edited September 30, 2019 by K1visaHopeful

[Liam2021 560]

Your only option is submit another AOS. Clearly that is 100% your fault since you not doing homework by study the AOS.

[Ed&Midori1031 330]

6 hours ago, Minori said:

I applied for I-485, I-765, I-131 but it seems all denied. Some people said mine was denied when I called USCIS but I didn’t get any denial notices even I requested and Tier2 requested to look into my case. 

 

If my application was denied, can I get a job with work visa? 

Do I have to go back to my country to apply for the visa? 

 

I will call uscis again waking up 2am (Hawaii time )to talk to Tier2 because I don’t know why mine was denied. 

Did you check the case status on the USCIS website?

 

[Minori 111]

Just now, Ed&Midori1031 said:

Did you check the case status on the USCIS website?

 

Nothing changed since the documents for RFE was received in March. 

 

[Minori 111]

16 minutes ago, H&T said:

Your only option is submit another AOS. Clearly that is 100% your fault since you not doing homework by study the AOS.

I don’t think it’s our failure because we didn’t get any notices until we requested. 

The date could be around February 8, only 10 days and plus we got the RFEs. And it takes 3days from Hawaii. We sent out soon after my husband got his certificate of employment from his work place.