I-290B for denied I-485

[elkski 28]

We did get notice of intent to deny due to no year on our Marriage license.

I resubmitted the same license and we were denied July 20th. 

There is a year for the the purchase of the license and I thought that and the date on the official seal of the marriage license that shows  were married within the first 30 days was adequate.   Not so.  the fact that there is no date where it says "in the year of our Lord two thousand and__________________ " did us in. 

 

The county clerk was happy to send a new updated license and she said she had the evidence and ability to put in the year and send a new official seal one.  We also have a letter from the minister as he kept records.

 

 

My questions are

1  Is this mistake really going to set us back 800$?  any chance to get a refund when they see how it was a government mistake?  I read where there are no refunds but??

2 I am thinking we should check the box for motion to reopen and reconsider? as I've read the motion to reconsider wont use new submitted evidence.

3 In part 1 and again in Part 4.4 do I use the immigrant wife's (applicant)  name or mine as the petitioner and  signature? I used her name and signature so far. 

4 Is the only submission method to mail this in or can we file online?

 

by the way this is the SLC office and its been 38 months

 

Thanks for any help.  

 

 

 

[Ontarkie 14,280]

~~Moved to AOS from K1/K3 P&P, from K1 P&P- the OP is at the AOS stage and no longer a K1 Processing stage.~~

[elkski 28]

thanks for the correct placement..

one additional question,  is this really going to add on  6 more months? 

[powerpuff 6,732]

I’m a bit confused. Do you mean a marriage certificate or a marriage license? You need marriage certificate for the AOS application. Marriage license allows you to get married after which use receive an official marriage certificate which you include the copy of in the AOS application.

[elkski 28]

it is the official seal one... Sorry it does say "Marriage License Certificate" at the top... 

The seal says it is to verify that is is a copy of the original on file in their records.

The new seal is dated last Friday 2024.  it has a year "2024" filled in after the lord c##p line. 

 

the first one  we submitted and resubmitted in the RFE had a date on the seal of 6/4/21 and She arrived 5/2/21..   it baffles me how this has happened unless the agents get a bonus for added fees?

Edited September 2 by elkski

[Crazy Cat 41,981]

4 minutes ago, elkski said:

 it baffles me how this has happened unless the agents get a bonus for added fees?

The first one was an incomplete marriage certificate.  They questioned its authenticity. The only refund you might get would be from your county government...but not from USCIS. 

I find it odd that you received a NOID.  Did you get an RFE earlier? 

Edited September 2 by Crazy Cat

[elkski 28]

Maybe I will ask the minister for 400$  it was partly my fault for not seeing the missing date and thinking the date on the seal showed the marriage occurred in 2021 .

 

IS mail in the only way? and do I jsut put her name in part 1 and 4?   even thought I wrote a the G-rated version of my basis for motion on part 3? I didn't seem like I need to be listed as  the preparer but ?

[Timona 4,207]

4 hours ago, elkski said:

Maybe I will ask the minister for 400$  it was partly my fault for not seeing the missing date and thinking the date on the seal showed the marriage occurred in 2021 .

 

IS mail in the only way? and do I jsut put her name in part 1 and 4?   even thought I wrote a the G-rated version of my basis for motion on part 3? I didn't seem like I need to be listed as  the preparer but ?

 

1. How's it the the minister's fault? 

2. Additionally, it isn't USCIS' fault. .

3. You're wasting your time and I-290B

4. You're not getting any refund. 

[Lemonslice 4,886]

5 hours ago, elkski said:

it is the official seal one... Sorry it does say "Marriage License Certificate" at the top... 

The seal says it is to verify that is is a copy of the original on file in their records.

The new seal is dated last Friday 2024.  it has a year "2024" filled in after the lord c##p line. 

 

the first one  we submitted and resubmitted in the RFE had a date on the seal of 6/4/21 and She arrived 5/2/21..   it baffles me how this has happened unless the agents get a bonus for added fees?

Could you get a copy of your marriage certificate from your state's vital statistics office?  That might be a good document to clear the confusion, when you refile or appeal.

[Family 4,025]

6 hours ago, elkski said:

My questions are

1  Is this mistake really going to set us back 800$?  any chance to get a refund when they see how it was a government mistake?  I read where there are no refunds but??

2 I am thinking we should check the box for motion to reopen and reconsider? as I've read the motion to reconsider wont use new submitted evidence.

3 In part 1 and again in Part 4.4 do I use the immigrant wife's (applicant)  name or mine as the petitioner and  signature? I used her name and signature so far. 

4 Is the only submission method to mail this in or can we file online?

 

by the way this is the SLC office and its been 38 months

 

Thanks for any help.  

 

File the I-290 B and mark both motion to reopen and motion to reconsider. 
It will likely get you approved in less than 60 days. 
 

No refunds from USCIS so don’t clutter your argument…stay and point . It was an error and unfortunately you did not catch it at the NOID stage. Important bit is that you can demonstrate eligibility and have a guaranteed win with the I-290 B

 

Your spouse’s name , not yours. 

[elkski 28]

I am not putting in any mention of a refund in my basis for the motion to reopen and reconsider. 

I now realize it  was my 800$ mistake for not questioning that a marriage certificate could have been issued with a  missing year written, even after it was specified.   I guess as a law abiding person I didn't consider that so many people must try to fool the USCIS all the time and that's what they are looking for.   I said that about the minister because I think he didn't fill in the year and this certificate is just the marriage license that he filled out his part and then it was made as an  official copy by the county clerk.   The county clerk was able to add the year and reissue a new copy after being notified and I wish they would have noticed this originally.. It must be nice to have a job where mistakes have no consequences to you financially or otherwise.  I am still baffled that the date on the official seal had no meaning as to when the marriage must have occurred.

After the interview, at which we had all the documents with us,  we were told that we would be notified if they needed anything... My thinking is the SLC office just didn't want to have to scan everything into the system..  They also asked for IRS records even though we had already uploaded 2023 right after it was available to download in May. The interviewing officer seemed hellbent on finding a mistake after we were asked if we used a lawyer.  He said he would run a software error check because people not using lawyers always had mistakes.  after this step he continued and at one point even asked our age difference  even though it was at his fingertips.   At the end of our interview I asked him, "so did you find any mistake in our application?"  and with a disappointing look he said no. 

At this time I'm not sure how the delay of 38 months getting an AOS effects her future?  

oh by the way as most of you know the denied letter also means her work permit and advance parole are void.  so no traveling until this is resolved.  We are self employed so the work permit isn't an issue.  Not sure if  or how an employer would find out?

Edited September 3 by elkski

[elkski 28]

I cant find out who to make the check payable to. I guess it is "U.S. Department of Homeland Security"

Also do I include a copy of our denied decision letter?

.

Edited September 3 by elkski

[elkski 28]

I evidently need help as to where to send in a I-290B and the correct fee.    The only address on our denied letter was the SLC office but they sent it back and said wrong place and that we should fcheck for the correct fee.  I thought I found 800$ 

 

I'm thinking this is the correct address for a Change of status I-485 for a K1 visa holder.

USCIS
Attn: AOS
P.O. Box 805887
Chicago, IL 60680

https://www.uscis.gov/i-290b-addresses

[elkski 28]

Wanting to confirm a few items before mailing this I-290B

- Correct address?

--Correct fee and check payable to?

-  and that the immigrants name is the only one on this form and they sign it? 

 

 

https://www.uscis.gov/i-290b-addresses

It appears that this is the correct address in AZ. I was mistaken in the last post to think it was a USCIS Domestic office that denied us. It was the SLC field office.

 

USCIS
Attn: I-290B
P.O. Box 21100
Phoenix, AZ 85036-1100

 

fee

https://www.uscis.gov/g-1055?form=i-290b

Pretty sure its 800$ Payable to US Department of Homeland Security.

I'm pretty sure my wife is the applicant or petitioner and uses her new married name?

And Signs it as the same? 

[elkski 28]

also wanting to confirm the fee of 800$.  is the fee still 800$ if you check the box to file a motion to reopen and motion to reconsider?.