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AOS via VWP confused!!!

AOS via VWP confused!!!

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Old Sep 27th 2012, 1:08 am
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Default AOS via VWP confused!!!

Hi I hope my questions can be answered by someone here....

I am a UKC and married a USC whilst visiting on VWP.......

I arrived on 6/20/12 with my children, I had full intentions of returning 6 weeks later....however on 7/27/12 I married my USC and we decided to file for AOS and remain in USA......I know this is frowned upon by many and I do understand, however for personnel reasons we decided to go for AOS!!!

We filled out the numerous forms for me and my children (I130, G325,I485,I765) all filed before the 90 day VWP expiration.......WE made an error and forms were returned, we corrected OUR error and returned forms........I received emails & texts with confirmation (3 different numbers, I believe for I485, I130 & I765) I thought we had done everything correct, however in the mail today I received paper copies of I797C x 3 for me.....and a large envelope with my childrens forms returned!!!!
Can someone confirm I have got the fees correct?
If children under 14 filing I485 with parent/s they pay $635 each?
If children under 14 filing I130 they pay $420 each?

Any comments/help would be accepted/appreciated.
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Old Sep 27th 2012, 1:12 am
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Default Re: AOS via VWP confused!!!

Originally Posted by tallguy
Can someone confirm I have got the fees correct?
The current fees are all listed at www.uscis.gov on the forms page. Were the forms returned, in fact, because the fees were wrong... or are you just guessing? Was there anything in the envelope that suggests what the problem is?

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Old Sep 27th 2012, 1:16 am
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Default Re: AOS via VWP confused!!!

Thx Ian...

I am guessing!!!!

The covering letter is not specific to what I have missed!!!

I have fully checked their forms again.....they are complete....the required documentaion is attached....
BUT the cheques have been returned
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Old Sep 27th 2012, 1:20 am
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Default Re: AOS via VWP confused!!!

Just a thought.....could it be that they think due to different surname for my children, (I used my new married name) that the seperate filing fee should be sent??
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Old Sep 27th 2012, 1:31 am
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Default Re: AOS via VWP confused!!!

Originally Posted by tallguy
Thx Ian...

I am guessing!!!!

The covering letter is not specific to what I have missed!!!

I have fully checked their forms again.....they are complete....the required documentaion is attached....
BUT the cheques have been returned
Just a guess, but my AOS forms got returned (years ago) because I dated the cheque in UK date format instead of US and it read as a future date ie 12/9/12
for 12th sept 2012 was taken to mean 9th Dec 2012. But (I think) they indicated the error in the returned package. Easily resolved by sending package back with a new cheque.
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Old Sep 27th 2012, 1:42 am
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Default Re: AOS via VWP confused!!!

Thx Rich.......I did think of that AFTER you suggested it !!
Cheques are dated correctly

I have double checked and triple checked now.........Aaaargh.......... I have no clue what is wrong with them.

Maybe I will send back and quote the alien number they have given to me on my I797s......and enclose copy of my passport and drivers license from UK as they are in my previous surname which is same as childrens!!!! I can only try I guess.........Unless anyone has another suggestion?

Last edited by tallguy; Sep 27th 2012 at 1:54 am.
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Old Sep 27th 2012, 1:56 am
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Default Re: AOS via VWP confused!!!

" however in the mail today I received paper copies of I797C x 3 for me"

The I797C's "Notice of Action" must have some text indicating the action? Either done by them or required by you?
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Old Sep 27th 2012, 2:25 am
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Default Re: AOS via VWP confused!!!

Thx again Rich......as I previously indicated the attached I797s relating to my daughters were NOT specific....they mentioned fees, application, required documentation......I have checked EVERYTHING and ALL is in order. I also checked my ACCEPTED forms and they have been completed the same!!!!
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Old Sep 27th 2012, 2:59 am
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Default Re: AOS via VWP confused!!!

Perhaps instead of just saying the 797 isn't specific you post what it actually says. It might be possible for someone to interpret what it means.
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Old Sep 27th 2012, 3:08 am
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Default Re: AOS via VWP confused!!!

Sorry, I thought you were having a problem. Glad it's all OK.
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Old Sep 27th 2012, 3:27 am
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Default Re: AOS via VWP confused!!!

Originally Posted by tallguy
Thx Rich.......I did think of that AFTER you suggested it !!
Cheques are dated correctly

I have double checked and triple checked now.........Aaaargh.......... I have no clue what is wrong with them.

Maybe I will send back and quote the alien number they have given to me on my I797s......and enclose copy of my passport and drivers license from UK as they are in my previous surname which is same as childrens!!!! I can only try I guess.........Unless anyone has another suggestion?
Instead of guessing and re-sending stuff in to USCIS blindly, I would have a consultation with an immigration attorney who can look at your accepted AOS package, and then look at the 2 children's AOS packages which were returned. He might be able to figure out where the problem is. If you just blindly keep sending and re-sending, you case will get stuck at some point.

Do you have permission from the children's other parent to remove them permanently from the UK?

Rene

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Old Sep 27th 2012, 3:38 am
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Default Re: AOS via VWP confused!!!

That being the case, you've seen the return package and we have not, so our guesses would be even wilder than yours.

Applying to adjust status from visitor status, especially a visa-waiver visitor, without having a consultation with an immigration attorney is a fool's errand. I agree with Rene - go see one now.

Regards, JEff

Originally Posted by tallguy
I am guessing!!!!

The covering letter is not specific to what I have missed!!:
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Old Sep 27th 2012, 4:05 pm
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Default Re: AOS via VWP confused!!!

Originally Posted by RICH
Sorry, I thought you were having a problem. Glad it's all OK.
If you have nothing else to say sarcasm is not appreciated, however if thats how you get your kicks........
I came on here for HELP!!!!
But Im really not interested in what YOU have to say now.......so go be sarcastic elsewhere
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Old Sep 27th 2012, 4:07 pm
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Default Re: AOS via VWP confused!!!

Originally Posted by jeffreyhy
Applying to adjust status from visitor status, especially a visa-waiver visitor, without having a consultation with an immigration attorney is a fool's errand.

Regards, JEff
Again....sarcasm is NOT appreciated......... and I can assure you I am NO FOOL!!!!! Have a great day
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Old Sep 27th 2012, 4:09 pm
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Default Re: AOS via VWP confused!!!

Originally Posted by tallguy
Any comments/help would be accepted/appreciated.
Bye.
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