K1 > AOS specifics
Hi I'm the UKC residing in the USA on a K1 visa due to apply for adjustment of status.
I've been reading the nice FAQ here on britishexpats but have some questions.
For the i134 my wife (USC) doesn't think she has pay stubs from the last 6 months, although the rest of the evidence seems attainable. Is this a deal breaker and is there anything we can do about it? For the i485 proof of marriage is required, we have the marriage certificate, photos and cards but we don't have any letters nor crucially do we have any bills that are in both our names. She has changed her surname to mine but we aren't part of joint phone plans, bank accounts or car insurance. Part of the reason for this is because we didn't file for my SSN until taxes were due. Well this be a problem and is there anything we can do?
1. Do I need to do a "full" medical or only ask for a "suppliment" ? 2. Is it best practice to wait for the rest of the AOS application to complete before doing another medical? I am asking is because my first medical expired by the time my k1 application has processed so I had to do it again. I plan to provide my vaccination form from my complete vaccinations in London. Lastly, what evidence or documents are required that cannot be photo copies? We will make copies but prefer not sending the originals where possible. I think these are the only questions I can think we need help with (so far) so thanks in and advanced to anyone who can help! |
Re: K1 > AOS specifics
Originally Posted by Dodgexander
(Post 12689937)
Two areas that are unclear to us is what evidence is required and what is optional.
For the i134 my wife (USC) doesn't think she has pay stubs from the last 6 months, although the rest of the evidence seems attainable. Is this a deal breaker and is there anything we can do about it? For the i485 proof of marriage is required, we have the marriage certificate, photos and cards but we don't have any letters nor crucially do we have any bills that are in both our names. She has changed her surname to mine but we aren't part of joint phone plans, bank accounts or car insurance. Part of the reason for this is because we didn't file for my SSN until taxes were due. Well this be a problem and is there anything we can do? Medical examination My medical examination will be over a year (April 2018) when we file so I expect they will ask me to fulfill another. My questions are: 1. Do I need to do a "full" medical or only ask for a "suppliment" ? 2. Is it best practice to wait for the rest of the AOS application to complete before doing another medical? I am asking is because my first medical expired by the time my k1 application has processed so I had to do it again. I plan to provide my vaccination form from my complete vaccinations in London. Lastly, what evidence or documents are required that cannot be photo copies? We will make copies but prefer not sending the originals where possible. Rene |
Re: K1 > AOS specifics
So we sent off our AOS application forms and received back a notice (attached to i485) saying it had been rejected on the grounds of:
"based on the information you provided, your priority date could not be established. Please resubmit with the proper documentation to the address listed on the bottom of this notice". Looking online I thought it may be related to the priority date in section in the i485 in part 2. For the priority date I entered the "receive" date from the i797c NOA as I thought that was correct. But it seems the message we received instead points to the fact they cant establish a new priority date for the application because of missing information? When looking up our receipt number on the USCIS website tracker, it just says the application has been declined because it was "not filed properly" and "to follow instructions on the notice to file again". But on the notice, there are no instructions, so we don't know which part is not filed correctly. Before we sent this out we were very careful and read to make sure everything was correct countless times. Does anyone have any idea what the problem could be? Should we have left the priority date empty instead of filling in the received date? Everything read online said to fill in the receive date. On the original NOA1 i797 we have only a BLANK box with priority date. Thanks for any help. |
Re: K1 > AOS specifics
It was a couple of years ago, but I just found my filled-in copy of my I-485 and anything with priority date was left blank.
I don't think I've ever seen anything that's told me to fill that in, that said - the new form is different to mine from a couple years ago. |
Re: K1 > AOS specifics
Originally Posted by BenK91
(Post 12777827)
It was a couple of years ago, but I just found my filled-in copy of my I-485 and anything with priority date was left blank.
I don't think I've ever seen anything that's told me to fill that in, that said - the new form is different to mine from a couple years ago. I guess the question is; what does the wording in the refusal notice mean?
|
Re: K1 > AOS specifics
Originally Posted by Dodgexander
(Post 12777834)
thanks, but would they really decline it on that alone?
I guess the question is; what does the wording in the refusal notice mean?
I'd personally resubmit without the priority date filled in - it isn't telling you that you *have* to fill it in. If they bounce it and send it back to you after that then you can cross that bridge when you get to it. |
Re: K1 > AOS specifics
Okay man, thanks. We'll do that.
|
Re: K1 > AOS specifics
Originally Posted by Dodgexander
(Post 12689937)
For the i134 my wife (USC) doesn't think she has pay stubs from the last 6 months, although the rest of the evidence seems attainable. Is this a deal breaker and is there anything we can do about it?
|
Re: K1 > AOS specifics
Your wife needs the I-864 Affidavit of Support, NOT the I-134 which was used for your K-1.
As for priority date, by completing that section erroneously, you have indicated that you are in need of an I-130 which you do NOT require since you entered the US on a valid K-1. Forget all about your I-797 notices from the K-1. They are meaningless to you. Somewhere on the I-485 it asks for information regarding the K-1 visa and for that you need to obtain the information from the visa in your passport and I believe you need to include a photocopy of the actual K-1 as well. As for the medical, I believe it has been extended to validity for 18 months or 24 months. |
Re: K1 > AOS specifics
Can anyone help us? Since this last failed submission we have filed twice more. Last time it failed because we returned forms that were now considered out of date. This most recent time it failed with the return reason again 'We couldn't establish a priority date' this time we didn't fill out a priority date as advised by Rete above.
We have literally no clue why its been rejected, we included the i797 notice of action and everything else carefully with a checklist. We are very careful as we know have great experience filing these forms (rejected total 4 times now). Does anyone know how we can find out what we've done problem? |
Re: K1 > AOS specifics
Wow, sorry to see that.
Maybe it might be worth spending a little $ and getting an immigration attorney to assist in the filing? |
Re: K1 > AOS specifics
I agree that it's time to consult with an immigration attorney. I have no idea what's going on with your case.
Rene |
Re: K1 > AOS specifics
When did you first file for AOS?
You entered the US in October 2018, queried what to do about AOS in May 2019, and then posted that you had been rejected in December 2019. Did you marry and first file for AOS within the 6 months of your arrival in October 2018 |
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