Denial from K1 to AOS

[SPOONIE 0]

Not sure if anyone has been through this but I have looked through the forums to see but haven't had any luck with my questions being answered so thought I would put it out there to see if anyone is able to help. 

 

I arrived on a K1 to the USA and married my hubby within 90 days. We applied for AOS in April 2019. I had my biometrics appointment in May. Since then we have been waiting. I have been checking USCIS website regularly and everything has been updated accordingly even our change of address which was at the end of May we have also received confirmation of change of address to the correct address. I haven't been worried as I know how long of a wait everything takes. 

 

Friday I received a letter of denial which I was shocked about as I have heard nothing since they confirmed our change of address. No RFEs nothing. 

The reason for the denial are listed below. 

- Failed to provide a copy of your birth certificate with certified English translation and evidence showing that you were lawfully admitted or paroled into the United States or that you are applying for this benefit under INA section 245(i) 

-You were required to submit a copy of your birth certificate and translation issued by the appropriate civil authority from your country of birth. 

- You were required to submit evidence showing that you were lawfully admitted or paroled into the United States. 

 

1) I know we put my BRITISH birth certificate in the packet we sent. But I didn't think to take photo evidence of everything in the packet. So we don't have 100% proof to go back to them with. Hind sight wish I had. Thinking they may have lost it who the hell knows. 

2) In regards to evidence showing I legally entered the United States. We sent a copy of my passport where the border control signed and stamped my visa. We also sent a copy of my I-94 showing when I entered through border and customs on a K1 visa. 

 

We haven't received an RFE, this has been verified by USCIS as we spoke to someone on Friday and he put a service request for administrator error. So they will re-look at our case. HOPEFULLY. But obviously we only have 30 days well 28 days to get this sorted and that isn't a lot of time. I am hoping this a big mistake. 

 

My cases haven't been updated on the USCIS website. The service request has. 

 

Any help on this matter would be amazing. 

[Villanelle 4,121]

Did you include a copy of the NOA for the 129f? That would be a document that shows you are eligible to file the 485. Also there is a chance your birth certificate was not included or if it was it got lost when the packet was opened. That happens. Unfortunately there isnt much you can do about this besides refiling. There is new policy that says if something important is missing in the initial submission then they can deny with no RFE. The policy was designed to stop people from filing frivolous packets or sending a packet with out everything needed just to get a place in line since the waits are so long... So you can try to file a motion to reopen but that will cost you and it might not be successful, or you can resend a second packet now and make sure it is complete. Your service request will probably go nowhere because most likely they denied you with out sending an RFE. There is also a chance they did send an RFE and you didnt get it but because there were no online notifications of such and it seems like the rep didnt confirm an RFE was ever mailed, Im assuming as said already you were denied with no RFE according to the new policy.  If there was a missing RFE the service request or motion would be a possibility FYI>

[Soon To Be Mrs. T 150]

5 hours ago, Villanelle said:

Did you include a copy of the NOA for the 129f? That would be a document that shows you are eligible to file the 485. Also there is a chance your birth certificate was not included or if it was it got lost when the packet was opened. That happens. Unfortunately there isnt much you can do about this besides refiling. There is new policy that says if something important is missing in the initial submission then they can deny with no RFE. The policy was designed to stop people from filing frivolous packets or sending a packet with out everything needed just to get a place in line since the waits are so long... So you can try to file a motion to reopen but that will cost you and it might not be successful, or you can resend a second packet now and make sure it is complete. Your service request will probably go nowhere because most likely they denied you with out sending an RFE. There is also a chance they did send an RFE and you didnt get it but because there were no online notifications of such and it seems like the rep didnt confirm an RFE was ever mailed, Im assuming as said already you were denied with no RFE according to the new policy.  If there was a missing RFE the service request or motion would be a possibility FYI>

I'm not OP but I would like to know if they would be required to pay the Adjustment of Status fee again if they have to refile.

 

Also, would having "photo evidence of everything in the packet" (as OP mentioned) help them plead their case? If not, what would?

 

It's scary to think that you can be denied just because USCIS lost your papers. I understand that this doesn't happen often but $1225 isn't a drop in the bucket either.

Edited November 4, 2019 by Soon To Be Mrs. T

[TandSarahJane 178]

For what it's worth, this is not the first time USCIS has taken some type of action that cites a requirement for a certified english translation of a birth certificate from the UK, and the birth certificate was included in the original submission and subsequently "misplaced". The other VJ members that reported similar situations were March/April filers if I am not mistaken.

 

If it's any consolation, it also appears that USCIS tends to correct their mistake after review of the service request.  Usually it takes about a week or so.

[Pengunista 221]

6 hours ago, Soon To Be Mrs. T said:

I'm not OP but I would like to know if they would be required to pay the Adjustment of Status fee again if they have to refile.

 

Also, would having "photo evidence of everything in the packet" (as OP mentioned) help them plead their case? If not, what would?

 

It's scary to think that you can be denied just because USCIS lost your papers. I understand that this doesn't happen often but $1225 isn't a drop in the bucket either.

Yes, if someone refile they have to pay again. 

[Villanelle 4,121]

4 hours ago, TandSarahJane said:

For what it's worth, this is not the first time USCIS has taken some type of action that cites a requirement for a certified english translation of a birth certificate from the UK, and the birth certificate was included in the original submission and subsequently "misplaced". The other VJ members that reported similar situations were March/April filers if I am not mistaken.

 

If it's any consolation, it also appears that USCIS tends to correct their mistake after review of the service request.  Usually it takes about a week or so.

In this case it seems they are also asking for proof of admission and/or eligibility under 245(i). Since the actual RFE text wasnt posted Im inferring what was posted to be the NOA missing. RFEs are computer generated so often they dont make much sense. Kinda like with the 864 if you dont submit a complete tax return, even if the return shows enough income the RFE will say it didnt. So I think its the same thing here- with out showing they qualify to file under the 129f they are looking for an admission record that shows she qualifies.It doesnt necessarily mean the passport and i94 were lost or not included, just that they dont establish eligibility.. Hope that makes sense!  Because there were 2 issues with the filing I dont know if a service request will work. I hope it does so they dont have to pay again but its not my call.

[Soon To Be Mrs. T 150]

29 minutes ago, Villanelle said:

In this case it seems they are also asking for proof of admission and/or eligibility under 245(i). Since the actual RFE text wasnt posted Im inferring what was posted to be the NOA missing. RFEs are computer generated so often they dont make much sense. Kinda like with the 864 if you dont submit a complete tax return, even if the return shows enough income the RFE will say it didnt. So I think its the same thing here- with out showing they qualify to file under the 129f they are looking for an admission record that shows she qualifies.It doesnt necessarily mean the passport and i94 were lost or not included, just that they dont establish eligibility.. Hope that makes sense!  Because there were 2 issues with the filing I dont know if a service request will work. I hope it does so they dont have to pay again but its not my call.

Is the I-864 like the I-134 in that tax transcripts would suffice in place of the tax return and W-2 combo?

[SPOONIE 0]

We included everything that was required I still have the checklist for what we sent in. I went through the checklist yesterday for the 485 to make sure and we did send everything required for evidence. 

 

The only mistake that we can see on the form filing is that I put the wrong city for my mothers birth. But I did that on the K1 application also so I can only assume that doesn't matter. But who knows and that doesn't have anything to do with the denial. 

 

We have seen a lawyer this morning, my husband is in the military so we were able to get in pretty quick. He is going to look through all the information for us and see what he can make of it all. And tell us the best route to go from there whether it be the I-290B or whether to refile all over again. To me it seems the best route is to refile that way we don't lose the 675 for the I290B and we can make sure it is all 100% correct. He will also help us submit the forms and double check everything. Even though that is a more costly route. 

 

I appreciate everyones advice it's very helpful.. I'm awaiting on a callback to speak to someone at USCIS to see if I can get some more answers. 

[Dashinka 23,291]

3 hours ago, Soon To Be Mrs. T said:

Is the I-864 like the I-134 in that tax transcripts would suffice in place of the tax return and W-2 combo?

Yes, send either the transcript, or a copy of the return with the W2s/1099s.  Don’t send both as I have seen that drive RFEs.

[Sarasota 178]

Did you include a full birth certificate with your parents names on?

 

UK has 2 types. This is all I can think of. I assume you sent the right one as the K1 requires the long form too

 

https://www.vitalcertificates.co.uk/what-is-a-long-birth-certificate.html

[Sarge2155 4,571]

On 11/4/2019 at 10:13 AM, Soon To Be Mrs. T said:

Is the I-864 like the I-134 in that tax transcripts would suffice in place of the tax return and W-2 combo?

I sent in only tax transcripts with our I-864 as it states if I'm not mistaken either or and so far so good status  just  changed  to ready to schedule for interview. I don't  anticipate any problems but dealing with USCIS you never know.