Rejected AOS for K2 (child)

[TrustWorthy2019 13]

Greetings to All,

     I mailed out the AOS for my K1(Wife) and K2(Child) sometime in May and That of my Wife was accepted and that of My child was rejected due to no Affidavit of support. I had one copy of the affidavit of Support for both. So that of my child was rejected.

     I resubmitted the k2(child) AOS in june and i had every piece of paper work to the best of my knowledge. Unfortunately i just received a rejection again. The Notice states Provide  forms I-130,I-140,I-360, Copy of I-797.

I did include a copy o NOA2 I-797 from the K1 Approval. 

At this point i dont know if they need the I797 from the accepted AOS from my wife or the I797 from the k1&k2

Also incase i get the actual document , can i resend the package as received with the additional document or reprint the whole package all over.

I will appreciate any help at this point.

Thanks

[Lucky2Lucky 2,526]

6 minutes ago, TrustWorthy2019 said:

Greetings to All,

     I mailed out the AOS for my K1(Wife) and K2(Child) sometime in May and That of my Wife was accepted and that of My child was rejected due to no Affidavit of support. I had one copy of the affidavit of Support for both. So that of my child was rejected.

     I resubmitted the k2(child) AOS in june and i had every piece of paper work to the best of my knowledge. Unfortunately i just received a rejection again. The Notice states Provide  forms I-130,I-140,I-360, Copy of I-797.

I did include a copy o NOA2 I-797 from the K1 Approval. 

At this point i dont know if they need the I797 from the accepted AOS from my wife or the I797 from the k1&k2

Also incase i get the actual document , can i resend the package as received with the additional document or reprint the whole package all over.

I will appreciate any help at this point.

Thanks

I think you are incorrect as the forms USICS wants don't apply to a AOS child however I will ask... Did you include forms I-130, I-140 and I-360?!

 

It may be best for you to upload the RFE, marking out personal information, to obtain a correct answer. 

[TrustWorthy2019 13]

2 minutes ago, Luckycuds said:

I think you are incorrect as the forms USICS wants don't apply to a AOS child however I will ask... Did you include forms I-130, I-140 and I-360?!

 

It may be best for you to upload the RFE, marking out personal information, to obtain a correct answer. 

@Luckycuds I am doing AOS FOR Fiance and child. forms I-130, I-140 and I-360? are not part of the documentations.

 

ok i will try to upload it now. Thank u

 

[payxibka 10,044]

This is the exact reason why each application MUST stand alone and not share any documents or evidence 

[Lucky2Lucky 2,526]

4 minutes ago, TrustWorthy2019 said:

@Luckycuds I am doing AOS FOR Fiance and child. forms I-130, I-140 and I-360? are not part of the documentations.

 

ok i will try to upload it now. Thank u

 

Thank you. 

I130 is for petition of alien relative. You don't need this; your wife and the child came in on k1/k2.

I140 is for petition for an alien worker to become a permanent resident; doesn't apply; your wife /child came in on a k1/k2.

I-136 is petition for amerasian, widow or special immigrant; none of these apply (you are still alive so wife/child is adjusting status through you; not as a widow, an amerasian or a special immigrant)

Edited June 26, 2020 by Luckycuds

[TrustWorthy2019 13]

1 minute ago, payxibka said:

This is the exact reason why each application MUST stand alone and not share any documents or evidence 

Pls i dont understand your response.
 

[TrustWorthy2019 13]

12 minutes ago, Luckycuds said:

I think you are incorrect as the forms USICS wants don't apply to a AOS child however I will ask... Did you include forms I-130, I-140 and I-360?!

 

It may be best for you to upload the RFE, marking out personal information, to obtain a correct answer. 

 

24 minutes ago, TrustWorthy2019 said:

Greetings to All,

     I mailed out the AOS for my K1(Wife) and K2(Child) sometime in May and That of my Wife was accepted and that of My child was rejected due to no Affidavit of support. I had one copy of the affidavit of Support for both. So that of my child was rejected.

     I resubmitted the k2(child) AOS in june and i had every piece of paper work to the best of my knowledge. Unfortunately i just received a rejection again. The Notice states Provide  forms I-130,I-140,I-360, Copy of I-797.

I did include a copy o NOA2 I-797 from the K1 Approval. 

At this point i dont know if they need the I797 from the accepted AOS from my wife or the I797 from the k1&k2

Also incase i get the actual document , can i resend the package as received with the additional document or reprint the whole package all over.

I will appreciate any help at this point.

Thanks

 

[payxibka 10,044]

A k2 cannot adjust without the k1 going first or at the same time.  You did not provide evidence that the k1 is adjusting.   You needed to include the I797 from the k1 i485 as well

[Lucky2Lucky 2,526]

5 minutes ago, TrustWorthy2019 said:

 

 

Thank you. So The forms you mentioned were all "OR" not must. 

 

You need to submit the I-797 NOA from the original K1/K2 petition.; this form is what apply to the Childs AOS case. 

 

What did you put for "part 2 application type/filing type" 

 

You need to submit the I944 and I864. You said you filed the I864 with the first RFE but did you submit the I944. 

 

Please review everything very closely; USCIS has the ability to reject/deny applications and does not need to send out a RFE. You've already received 2 and IMO are playing Russian roulette. 

[TrustWorthy2019 13]

1 minute ago, payxibka said:

A k2 cannot adjust without the k1 going first or at the same time.  You did not provide evidence that the k1 is adjusting.   You needed to include the I797 from the k1 i485 as well

Thank you very much exactly my thought. It took them a long time to send out the I797 for the K1 after it was accepted. I'll put the paper together today and mail out tomorrow. I already made a copy of the Recent I797. 

My next question is, can i add the new I797 to the package and resend or reprint all new forms?

I appreciate the clarification.

Thanks

[TrustWorthy2019 13]

2 minutes ago, Luckycuds said:

Thank you. So The forms you mentioned were all "OR" not must. 

 

You need to submit the I-797 NOA from the original K1/K2 petition.; this form is what apply to the Childs AOS case. 

 

What did you put for "part 2 application type/filing type" 

 

You need to submit the I944 and I864. You said you filed the I864 with the first RFE but did you submit the I944. 

 

Please review everything very closely; USCIS has the ability to reject/deny applications and does not need to send out a RFE. You've already received 2 and IMO are playing Russian roulette. 

In the part 2 application i had all of the above u mentioned, I944 and I864. I think my mistake was being fast to respond without the new I797 from my wife's AOS. i received it about 3weeks after the rejected that of my child.

Thank you.