AOS Denied

[JVG 31]

Good morning! My wife and I just checked our status on the USCIS website and it said we were denied AOS.  We called the USCIS and they of course could not tell us anything. What does this mean? We know we need to wait for the letter but we are both devastated with this news. Thank you in advance for any help or advice with this. 

[geowrian 22,335]

* Moved from K-1 Progress Reports to AOS From K-1 forum *

 

It means what is says. There's nothing definitive that anybody here can provide until you get that latter saying why it was denied.

 

Is your timeline updated? It shows filing for an EAD and AP several months ago but it was never approved?

Did you get an RFE? Did you respond? What was it for and what did you respond with?

[JVG 31]

7 minutes ago, geowrian said:

* Moved from K-1 Progress Reports to AOS From K-1 forum *

 

It means what is says. There's nothing definitive that anybody here can provide until you get that latter saying why it was denied.

 

Is your timeline updated? It shows filing for an EAD and AP several months ago but it was never approved?

Did you get an RFE? Did you respond? What was it for and what did you respond with?

We never received an RFE for anything. The EAD and AP we had to resubmit it because it was lost by the USCIS. We understand we have to wait for the letter but we are just worried about her legal status here. 

[geowrian 22,335]

Just now, JVG said:

We never received an RFE for anything. The EAD and AP we had to resubmit it because it was lost by the USCIS. We understand we have to wait for the letter but we are just worried about her legal status here. 

Alright. The most common causes are either a missing required form (i.e. I-864) or failure to respond to an RFE. It's possible one was issued but you didn't get it...it's certainly happened.

But to know for sure, you need to wait for the letter.

 

When you get the letter, you will have the option to appeal or motion to reconsider. If the reason for denial was due to a mistake from USCIS - and you can show that - you can take that path.

More often, it's better to just refile AOS altogether. Note that you have to use the current versions of documents - they have changed since you filed. Also, an I-944 is required now.

 

Once you appeal or refile, you are put back into a period of authorized stay. Any period of time between denial and refiling is not an issue for AOS purposes in your case.

[NancyNguyen 1,657]

You need to find out why they denied your application. If your case is denied because you made some mistakes on the application and/or missing supplement docs, DIY is not for you, find an immigration lawyer to help out with refiling. Good luck.

[JVG 31]

3 minutes ago, geowrian said:

Alright. The most common causes are either a missing required form (i.e. I-864) or failure to respond to an RFE. It's possible one was issued but you didn't get it...it's certainly happened.

But to know for sure, you need to wait for the letter.

 

When you get the letter, you will have the option to appeal or motion to reconsider. If the reason for denial was due to a mistake from USCIS - and you can show that - you can take that path.

More often, it's better to just refile AOS altogether. Note that you have to use the current versions of documents - they have changed since you filed. Also, an I-944 is required now.

 

Once you appeal or refile, you are put back into a period of authorized stay. Any period of time between denial and refiling is not an issue for AOS purposes in your case.

Thank you so much for your help We are breathing a little better now. 

[flfreddy 92]

On 4/8/2020 at 8:18 AM, JVG said:

Thank you so much for your help We are breathing a little better now. 

From reading ... 3 cases usually

 

a) wrong form used.  After 2/24/20 need new form with I-944

b) missing I-864 financial affidavit

c) you didnt respond or receive the RFE

 

see your letter and revert.. we are all here to help you

[JVG 31]

15 minutes ago, flfreddy said:

From reading ... 3 cases usually

 

a) wrong form used.  After 2/24/20 need new form with I-944

b) missing I-864 financial affidavit

c) you didnt respond or receive the RFE

 

see your letter and revert.. we are all here to help you

Thank you so much

[JVG 31]

On 4/8/2020 at 9:54 AM, JVG said:

Good morning! My wife and I just checked our status on the USCIS website and it said we were denied AOS.  We called the USCIS and they of course could not tell us anything. What does this mean? We know we need to wait for the letter but we are both devastated with this news. Thank you in advance for any help or advice with this. 

Update on our status. We did get our letter today and apparently they sent us an RFE but we never received it in the mail. We are going to resubmit our application again because we feel this is the best way to go and from the advise from some of your responses. Thank you for your support and kind words.

[kayden123 52]

5 hours ago, JVG said:

Update on our status. We did get our letter today and apparently they sent us an RFE but we never received it in the mail. We are going to resubmit our application again because we feel this is the best way to go and from the advise from some of your responses. Thank you for your support and kind words.

well at least the RFE tells you what you needed. its better then doing it again blindly.  would you mind sharing what the RFE was for?

[Ayrton 965]

8 hours ago, kayden123 said:

well at least the RFE tells you what you needed. its better then doing it again blindly.  would you mind sharing what the RFE was for?

They just mentioned they never received a RFE. They got a denial letter for not replying to a RFE.

Edited April 11, 2020 by Ayrton

[kayden123 52]

15 hours ago, Ayrton said:

They just mentioned they never received a RFE. They got a denial letter for not replying to a RFE.

i assumed they would mention that in the denial letter?  "AOS denied due to RFE for: XXXXX not being answered"

 

guess that would be too helpful for them to do that....