Case rejected because of failed payment, what now?

[GermanPlasma 2]

Hello everyone, I have made a thread before and we did sent out package, however my wife made a mistake with the check. The bank changed her account number without informing her and the checks she used are invalid. I logged on to the new USCIS account to see that they denied the case because of this reason.

 

My questions are, what now? We want to resubmit, however there are new questions that I don't know the answer to and I would absolutely appreciate if someone has some answers..

 

1. Do I have to take a new medical examination? 

2. I assume this counts as actual denial, so if the forms ask if we ever filed before I assume I would need to say so, I truly hope this is not an issue. Also, do I need to enter the USCIS number I have?

3. My ESTA status expired on september 16, is this of any importance? We do have a lawyer that assists us.

4. Is there anything else we need to look out for? We are devasted that this mistake slipped through and hope everything is still solvable.

 

I hope somebody can help us, we took so much time carefully planning and this one thing just had to go wrong..

[Crazy Cat 41,981]

Was the case denied or rejected?  Either way, you must resubmit asap with a proper payment.

 

1.  You should not need a new medical exam.

2.  It won't be an issue.

3.  You don't need an attorney for this.  You are out of status.  Once you submit a proper I-485, you will be granted authorized stay until the I-485 is either approved or denied.

4.  Just resubmit with proper payment....good luck.

By the way, banks don't do that.  There is more to the story. 

Edited September 29, 2021 by Crazy Cat

[GermanPlasma 2]

2 minutes ago, Crazy Cat said:

Was the case denied or rejected?  Either way, you must resubmit asap with a proper payment.

By the way, banks don't do that.  There is more to the story. 

The case was rejected. We will resubmit everything correctly asap but we first need to find out what to do with the medical, we're trying to reach the doctor to see if it can be reprinted, considering it should be valid for 2 months (and there's still 3 weeks left)

 

My wife may have forgotten it, she is very angry at herself. 

[Crazy Cat 41,981]

3 minutes ago, GermanPlasma said:

The case was rejected. We will resubmit everything correctly asap but we first need to find out what to do with the medical, we're trying to reach the doctor to see if it can be reprinted, considering it should be valid for 2 months (and there's still 3 weeks left)

 

My wife may have forgotten it, she is very angry at herself. 

Just resubmit everything with proper payment.  I don't see any big issues.  Good luck.

[GermanPlasma 2]

Just now, Crazy Cat said:

Just resubmit everything with proper payment.  I don't see any big issues.  Good luck.

Thank you, I really appreciate it. I do have a question regarding the medical exam. We sent the sealed exam of course, so that is now gone at least until they resend it. So unless I wait, or try and get a new one, I won't be able to include it. What should I do about this?

[arken 4,197]

If you don't want to wait for your package from uscis, you can send a new AOS package now with the proper payment but without medical.

 

Do you know when the medical was signed by the civil surgeon? That will tell if you can bring that medical for the AOS interview later on or if you'll need a new medical.

 

 

 

 

[GermanPlasma 2]

24 minutes ago, arken said:

If you don't want to wait for your package from uscis, you can send a new AOS package now with the proper payment but without medical.

 

Do you know when the medical was signed by the civil surgeon? That will tell if you can bring that medical for the AOS interview later on or if you'll need a new medical.

 

 

 

 

The doctor signed it on 08/25/2021, so roughly a month ago

[arken 4,197]

1 hour ago, GermanPlasma said:

The doctor signed it on 08/25/2021, so roughly a month ago

You can send a new AOS package with proper payment asap without the medical. Your medical will be valid for 2 years. Bring the medical that you get back from uscis to the interview or send to them when asked as an RFE if no interview. 

 

You can also wait for your package being returned from uscis and resend everything with the proper payment. However, if it is more than 60 days from 8/25 by the time you get back the package and resend it to uscis, you will need a new medical.

Edited September 29, 2021 by arken

[GermanPlasma 2]

1 hour ago, arken said:

You can send a new AOS package with proper payment asap without the medical. Your medical will be valid for 2 years. Bring the medical that you get back from uscis to the interview or send to them when asked as an RFE if no interview. 

 

You can also wait for your package being returned from uscis and resend everything with the proper payment. However, if it is more than 60 days from 8/25 by the time you get back the package and resend it to uscis, you will need a new medical.

I'm pretty sure USCIS already opened the envelope, I saw the medical filed on the website. Do they usually seal it back? We're currently trying to get another sealed envelope from the doctor.

[SteveInBostonI130 3,467]

3 minutes ago, GermanPlasma said:

I'm pretty sure USCIS already opened the envelope, I saw the medical filed on the website. Do they usually seal it back? We're currently trying to get another sealed envelope from the doctor.

Send it without the medical.  If you receive the previous medical back from USCIS, you can submit that later.  Or do a new medical if they request it via RFE.

[Okboy 43]

9 hours ago, GermanPlasma said:

Hello everyone, I have made a thread before and we did sent out package, however my wife made a mistake with the check. The bank changed her account number without informing her and the checks she used are invalid. I logged on to the new USCIS account to see that they denied the case because of this reason.

 

My questions are, what now? We want to resubmit, however there are new questions that I don't know the answer to and I would absolutely appreciate if someone has some answers..

 

1. Do I have to take a new medical examination? 

2. I assume this counts as actual denial, so if the forms ask if we ever filed before I assume I would need to say so, I truly hope this is not an issue. Also, do I need to enter the USCIS number I have?

3. My ESTA status expired on september 16, is this of any importance? We do have a lawyer that assists us.

4. Is there anything else we need to look out for? We are devasted that this mistake slipped through and hope everything is still solvable.

 

I hope somebody can help us, we took so much time carefully planning and this one thing just had to go wrong..

Bank changed your account number without you knowing? That’s unheard of and sounds a bit untrue. Hopefully you don’t deal with the USCIS with such falsehoods. 

[GermanPlasma 2]

1 hour ago, Okboy said:

Bank changed your account number without you knowing? That’s unheard of and sounds a bit untrue. Hopefully you don’t deal with the USCIS with such falsehoods. 

Like I said, my wife had forgotten it. Not the fault of the bank, that was a misunderstanding.

[Demise 1,298]

16 hours ago, GermanPlasma said:

Hello everyone, I have made a thread before and we did sent out package, however my wife made a mistake with the check. The bank changed her account number without informing her and the checks she used are invalid. I logged on to the new USCIS account to see that they denied the case because of this reason.

 

My questions are, what now? We want to resubmit, however there are new questions that I don't know the answer to and I would absolutely appreciate if someone has some answers..

 

1. Do I have to take a new medical examination? 

2. I assume this counts as actual denial, so if the forms ask if we ever filed before I assume I would need to say so, I truly hope this is not an issue. Also, do I need to enter the USCIS number I have?

3. My ESTA status expired on september 16, is this of any importance? We do have a lawyer that assists us.

4. Is there anything else we need to look out for? We are devasted that this mistake slipped through and hope everything is still solvable.

 

I hope somebody can help us, we took so much time carefully planning and this one thing just had to go wrong..

1. No, you shouldn't need one. If they opened it and you want to play it safe you could ask the civil surgeon to re-seal it. Worst case scenario, send in without one and just be ready to get one done by the time the interview comes.

2. It doesn't. Rejection is basically USCIS taking your entire packet and throwing it back to you without issuing any kind of decision. You can for the most part take the entire packet, put in a new check, and send it back to them.

3. Considering that you are adjusting from ESTA, which is only possible in a few cases where failure to maintain status is not a factor (marriage to a US Citizen, VAWA, etc), this will not be a factor. You can just refile, no you do not need a lawyer. You are technically an illegal immigrant between your ESTA's expiration and when USCIS gets your I-485, so until you get a receipt notice for I-485 avoid areas where CBP checkpoints might pop up. So if you're thinking of taking a trip to Niagara Falls or something you might want to postpone that a bit.

4. Only thing I'd be mindful of in your particular case is that adjusting from ESTA is a bit unusual. Entry with the intent to adjust can constitute immigration fraud, however a situation where you came, planned to leave, and later changed your mind is allowed.

Edited September 30, 2021 by Demise

[African Zealot 1,455]

Good luck 🍀!

Edited September 30, 2021 by African Zealot

[GermanPlasma 2]

5 hours ago, Demise said:

1. No, you shouldn't need one. If they opened it and you want to play it safe you could ask the civil surgeon to re-seal it. Worst case scenario, send in without one and just be ready to get one done by the time the interview comes.

2. It doesn't. Rejection is basically USCIS taking your entire packet and throwing it back to you without issuing any kind of decision. You can for the most part take the entire packet, put in a new check, and send it back to them.

3. Considering that you are adjusting from ESTA, which is only possible in a few cases where failure to maintain status is not a factor (marriage to a US Citizen, VAWA, etc), this will not be a factor. You can just refile, no you do not need a lawyer. You are technically an illegal immigrant between your ESTA's expiration and when USCIS gets your I-485, so until you get a receipt notice for I-485 avoid areas where CBP checkpoints might pop up. So if you're thinking of taking a trip to Niagara Falls or something you might want to postpone that a bit.

4. Only thing I'd be mindful of in your particular case is that adjusting from ESTA is a bit unusual. Entry with the intent to adjust can constitute immigration fraud, however a situation where you came, planned to leave, and later changed your mind is allowed.

In the i-130 under part 5 It asks about if we ever filed a petition for me, this was mainly what I meant, this would this rejection count as a yes? Also, I have gotten receipts and a USCIS account, so I also have an A-number as well, I assume I should be entering the USCIS account and the A-number on all the fields that require it, correct?

 

Considering I have a receipt for the I-485, I wonder if I should just carry that with me, even if it is technically rejected. I don't have anything else until we send everything again and get another receipt. Don't worry, we're not planning to visit the Niagara Falls :'D

The places I visit are the college and grocery stores close by.

 

I read a lot about the intent, from what I know is that it was decided at entry. Of course, my intention was never to visit and adjust, these plans literally just emerged on the very last day of my planned trip and then lots of stuff had to happen, needed to get my birth certificate shipped from my mother in Germany and unregister per Email, deal with a couple issues that arose because of me not returning e.t.c., it was a real back and forth and every person involved (The entire family) knows what a hassle it was, considering we traveled a long distance to marry in North Carolina :')