K2 application rejected "Unable to determine priority date"

[nautilus808 4]

Hello All,

Once agian Im hoping to get some guidance from this great group.  We filed for AOS (I485) for K1 and K2 derivative totgether. The K1 application was accepted, but the K2 application was sent back with a letter staing that "your priotity date could not be established" . I included a cover letter explaining that there was an application for a K! and K@ tohether. Also inclued the NOA2 I have 3 questions:

1. How does USCIS determine priority date for K2 applicant?

2. Since the K2 I-485 was rejected, do I now pay $1440 since USCIS did not allow the applications (K 1and K2 AOS) to go through together ?

3. From the letter is it ok to to resubmitt the I693 and dont need to get it sealed again?

Please see photos of the letters they sent.

4. The yellow letter speaks about a timely filing but does not give any instructions how to dtermine if the resubmission will be a timely filing. What does that all mean. Thanks for all your help!

[Boiler 47,755]

I do not know what you did but I can confirm Ks do not have Pads they are not subject to the Visa Bulletin

[Edward and Jaycel 2,060]

Under Part 2. Item 2. of the I-485 for the K-2 entrant, did you enter the receipt number from the approved I-129F petition AND under item 3.a. did you check the box next to "Person admitted to the United States as a fiancé(e) or child of a fiancé(e) of a U.S. citizen (K-1/K-2 Nonimmigrant)."?

[nautilus808 4]

11 minutes ago, Edward and Jaycel said:

Under Part 2. Item 2. of the I-485 for the K-2 entrant, did you enter the receipt number from the approved I-129F petition AND under item 3.a. did you check the box next to "Person admitted to the United States as a fiancé(e) or child of a fiancé(e) of a U.S. citizen (K-1/K-2 Nonimmigrant)."?

Yes , we filled it out as you described. Thanks for your help.

When resubmitting this application , Can we pay the reduced fee for submitting applications together ? or is this considered a separate applcation now since it was rejected snd sent back when filed with the K1 AOS application?

[Edward and Jaycel 2,060]

1 minute ago, nautilus808 said:

When resubmitting this application , Can we pay the reduced fee for submitting applications together ? or is this considered a separate applcation now since it was rejected snd sent back when filed with the K1 AOS application?

 

Reduced fee for what application?

 

[nautilus808 4]

For form I-485, when K1 and K2 derivative apply for AOS (I485) concurrently,  the fee for the K2 is reduced to $950

[Edward and Jaycel 2,060]

5 minutes ago, nautilus808 said:

For form I-485, when K1 and K2 derivative apply for AOS (I485) concurrently,  the fee for the K2 is reduced to $950

 

Ok just want to be sure you were not talking about the I-765.... I will assume that the K-2 entrant is under 14 years of age since that is the only time the fee reduction applies. This is in interesting situation.... I haven't seen any K-2 AOS applications filed concurrently with the K-1 get rejected so I have no data to pull from. Since you filled out the Filing Category part correctly, it seems to have been rejected in error and my logical brain says that if you include the rejection notice along with the neon green paper and an explanation that it was originally filed concurrently, that they should accept the reduced fee. However, I would defer to longer term members here to get their thoughts as well. @Crazy Cat @TBoneTX @OldUser @Dashinka