AOS denied due to missing supporting Affidavit Of Support documents.

[DialNoises 6]

Hello! 

Im an immigrant coming to the USA through my approved K1 visa and I have been currently living in the USA ever since late 2018 with my wife whom I married within the 90 days. 

My wife and I filed our I-485, I-131 and I-765 forms back in June this year, and we provided them with what we believe and hope, all the supporting requirements, and unfortnetly 3 days ago we have just received a response back from the USCIS, and our forms were all denied due to the lack of supporting Affidavit Of Support. 

On the letter it says that I cannot appeal the USCIS decision on the matter and that we can only send a motion within the 30 days it spesificies I have before we're getting a removal proceedings taking action on my behalf. 

 

Unfortunately the reason being why I did not include supporting affidavit of support documents was that when we were going through the requirements, we saw that affidavit of support documents were part of the requirements only if applicable, it was very vague so we called the uscis to confirm whichever we should send the documents or not, and we were told that if I have already sent these documents perior to coming to the USA, aka presented them at the k1 interview, just like the medical examination as they added because we asked about it too, was not needed to be included with the i-485, unfortunately we didn't catch their employee number, which now we commit to write down. 

We made the fatal mistake of not properly reading the instructions as we were concerned that if we file our AOS top late, we would face consequences, also because the form edition that we were working on was about to expire very soon...

We assumed that worst case scenario, we knew that if we made a mistake such as that, they will issue us a RFE. 

At that time, we hate new idea that a new policy was rolled to allow officers deny documents without sending off RFEs. 

We never got an RFE or anything at all, I was in fact checking our case numbers online religiously, at least once a day every day... 

 

We called the uscis to explain the situation, and they told us that we would get a call back within 48 to 72 hours to get an infopass appointment, things were seeming pretty grim and I was hoping to get more information and tell my story at their office field, but today after 2 days, we instead got an email stating that I'm not.. eligible to get an appointment with an officer because my case is not pending anymore.. 

 

 Before we got the letter, I knew that the case was denied few days just before we received the reason in mail, but there was not much we were able to do considaring we were not aware of the reasoning for the denial, 

Through then and now I have been continously researching without a relief on what to do, and I found that sending an i-120b is nearly as useless because the officers can be very stubborn and that everybody are better off refilling again. 

 

In our situation, after recieving the email stating that I do not qualify for the infopass appointment, we called the uscis immediately, feeling considerably defeated and torn, and we were told that the only thing I can do is file a motion, and I cannot refile all the documents again and that they will be denied regardless. 

 

We are working on the i-120b as right now since we're trying to collect all of the necessary documents from my sponsor and my co sponsor, but I hear that the chance that they will reconsider to open the case is rare and a waste of time and money, and from what I am understanding is that part of "introducing new facts" does not concern documents that we have filled after the AOS denial.. 

 

What should I do? I'm freaking out 😞

I don't want to leave my wife... 

Things would have been different if we were able to get an RFE request, but we are suffucating such devistating consequences from misscommunication and something that could have been resolved easily by filing the extra missing documents.. 

 

Thank you so much for reading up to until now! And I'm beyond just grateful for anyone who is willing to participate in this thread, thank you so so much! 

 

[USS_Voyager 1,971]

1 hour ago, DialNoises said:

What should I do? I'm freaking out

No need to freak out, everything is going to be ok. Just to be clear, the I-485 was denied because you did not file the I-864 to go with it? Or you did file the I-864 but no evidence (taxes, paystubs, ... ) to support it? 

 

Anyway, the fix it to file another I-485 /I-131/I765 this time with the appropriate I-864 and supporting documents. Nothing has changed, you're still a spouse of a US citizen. Your entire stay was authorized. As long as there is a pending I-485 for you, you are in a period of authorized stay. 

 

Unfortunately, the mistake has costed you guys more money and time. Fortunately, that's all it is, just money and time. I don't think you're at risk of being deported, as long as you file another I-485 within 30 days. 

[Crazy Cat 39,227]

Agree with @USS_Voyager about re-filing.  Your package was probably seen as a "placeholder" package.....missing essential documents.......Once you file another AOS package, you will be granted "authorized stay" again.

[Canerican 242]

59 minutes ago, USS_Voyager said:

No need to freak out, everything is going to be ok. Just to be clear, the I-485 was denied because you did not file the I-864 to go with it? Or you did file the I-864 but no evidence (taxes, paystubs, ... ) to support it? 

 

Anyway, the fix it to file another I-485 /I-131/I765 this time with the appropriate I-864 and supporting documents. Nothing has changed, you're still a spouse of a US citizen. Your entire stay was authorized. As long as there is a pending I-485 for you, you are in a period of authorized stay. 

 

Unfortunately, the mistake has costed you guys more money and time. Fortunately, that's all it is, just money and time. I don't think you're at risk of being deported, as long as you file another I-485 within 30 days. 

Do what USS_Voyager suggested above. Agree 100%. 

[DialNoises 6]

Unfortunately we were told on the phone by the USCIS that we are not allowed to refile i-485... We can only file a motion and that's it from what we were told

[carmel34 3,531]

10 hours ago, DialNoises said:

On the letter it says that I cannot appeal the USCIS decision on the matter and that we can only send a motion within the 30 days it spesificies I have before we're getting a removal proceedings taking action on my behalf. 

This may be one of those rare instances when hiring an experienced immigration attorney may be a good idea to help you respond correctly to the denial letter.  Don't wait to do this as you have less than 30 days to reply and with the holidays coming up, finding a good attorney may take some time.  Good luck!

[DialNoises 6]

11 minutes ago, carmel34 said:

This may be one of those rare instances when hiring an experienced immigration attorney may be a good idea to help you respond correctly to the denial letter.  Don't wait to do this as you have less than 30 days to reply and with the holidays coming up, finding a good attorney may take some time.  Good luck!

This is going to be really difficult as I have no real experience finding good immigration attornies, all under less than 30 days, the interference of the holiday and other events, getting extra needed forms and filing all the i-485 if I find out that I can indeed file it despite what I was told by the uscis agent on the phone..  I really hope for the best in this case.. thank you for your suggestion! 

This sucks really bad because I'm a struggling person and all of this process is stripping me out of all the savings I have and it's going to leave me empty handed.. 

 

Since I have all this little time to figure out everything, I did my medical exam back in mid 2018, if I were to file a new i-485 form right now, an I required to redo the medical examination considaring the time gap between now and the last time I got examined? 

Edited December 19, 2019 by DialNoises

[EM_Vandaveer 2,369]

4 hours ago, DialNoises said:

Unfortunately we were told on the phone by the USCIS that we are not allowed to refile i-485... We can only file a motion and that's it from what we were told

Stop listening to the Misinformation Line. The people answering that line aren’t even federal employees. They don’t work for USCIS. It’s outsourced.

Re-file ASAP and this time include the I-864 and its supporting documents.

Edited December 20, 2019 by EM_Vandaveer

[DialNoises 6]

7 minutes ago, EM_Vandaveer said:

Stop listening to the Misinformation Line. The people answering that line aren’t even federal employees. They don’t work for USCIS. It’s outsourced.

Re-file ASAP and this time include the I-864 and it’s supporting documents.

I really do wanna! I have a burning desire to do so! But I will have to double check everything again with an attorney tomorrow if I find a good one 😞

It is far too risky at this point and I'm afraid they will frown upon me not doing what I'm instructed to and will give me less of a chance to file in the future... 

Edited December 19, 2019 by DialNoises

[Ayrton 965]

2 hours ago, DialNoises said:

I really do wanna! I have a burning desire to do so! But I will have to double check everything again with an attorney tomorrow if I find a good one 😞

It is far too risky at this point and I'm afraid they will frown upon me not doing what I'm instructed to and will give me less of a chance to file in the future... 

Be careful with lawyers too. They tend to make more mistakes than USCIS. You can refile. Do it asap. The only reason you couldn't refile is if they revoked your underlying petition (I-129f, which didn't happen. You don't have too much time. So start filling out all the forms. Be aware that some of them changed.

[USS_Voyager 1,971]

3 hours ago, DialNoises said:

Unfortunately we were told on the phone by the USCIS that we are not allowed to refile i-485... We can only file a motion and that's it from what we were told

By the same people that got you in this mess in the first place? 
 

Anyway, contact Dyan. https://dyanwilliamslaw.com/solutions-options-success-stories-mobile/
 

She is THE best immigration attorney. She charges about $250 for a consultation. She is based in Minneapolis. She can do it over the phone, skype, FaceTime, ... whatever platform you want. And she will tell you the same thing that we’re telling you. 

[DialNoises 6]

19 minutes ago, Ayrton said:

Be careful with lawyers too. They tend to make more mistakes than USCIS. You can refile. Do it asap. The only reason you couldn't refile is if they revoked your underlying petition (I-129f, which didn't happen. You don't have too much time. So start filling out all the forms. Be aware that some of them changed.

Yeah so I assumed, I saw that lawyers often make mistakes too and sometimes they submit cases with typos. 

I just don't know what to do, I would definitely do what you guys are asking me, that what I would definitely want to do and it would put me in ease and peace, but i need to confirm that I'm allowed to do so before I'm filing it, filing it despite being already told that I can't (and they can use it against me in court) can put me in even more trouble and wasted expenses and time. 

But I'll try to do whatever I can to see if I can definitely follow your advices, because I honestly really want! I just wanna be careful that all! 

Im trying to do everything as fast as possible under the control that I have, my wife has already contacted some attorneies and were waiting for answers tomorrow, we will also call the uscis against and try to confirm against if we can refile or not, just for good measure to see if I'm told otherwise, by of course it's nothing I can rely on because they have been misinforming me this entire time. 

 

If I'm filling the new i-485 form again, and I required to perform a new medical examination again despite that I did one period to coming to the USA, back in 2018?

And considaring they updated the i-845 form again, are there any new requirements I should include? 

 

 

8 minutes ago, USS_Voyager said:

By the same people that got you in this mess in the first place? 
 

Anyway, contact Dyan. https://dyanwilliamslaw.com/solutions-options-success-stories-mobile/
 

She is THE best immigration attorney. She charges about $250 for a consultation. She is based in Minneapolis. She can do it over the phone, skype, FaceTime, ... whatever platform you want. And she will tell you the same thing that we’re telling you. 

Most likely what would happen, but it's good to double check I guess just in case there's some completely missed details I completely missed in the process of reading and understanding my denial, I would try and reconsider getting this lawyer. Oof unfortunately it's so much.. But thank you for the recommendation! That really helps! 

[EM_Vandaveer 2,369]

It cannot be held against you if you re-file. You really need to do it ASAP.

[DialNoises 6]

23 minutes ago, EM_Vandaveer said:

It cannot be held against you if you re-file. You really need to do it ASAP.

Will try definitely!! Retaking the medical required? 

[little immigrant 800]

8 minutes ago, DialNoises said:

Will try definitely!! Retaking the medical required? 

I would redo it

 

And this time include the I-864 😊

 

I wouldn't call USCIS again. They will just make you feel more insecure. Just refile asap. You got this

Edited December 20, 2019 by little immigrant