K1 > AOS specifics

Old May 27th 2019, 10:37 pm
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Default 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.
  • Evidence required for i485 and i134
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.

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!
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Old May 28th 2019, 1:59 am
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Default Re: K1 > AOS specifics

Originally Posted by Dodgexander View Post
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?
If you are already in the USA doing the Adjustment of Status (AOS), the affidavit of support is form I-864, not I-134. Go to www.uscis.gov and look at Form I-864 and its instructions. Everything you need to know is there.

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?
Many newlyweds don't have proof of comingled finances at the beginning. However, my understanding is that this evidence is taken to the AOS interview in person, not submitted with the AOS package. But double check the I-485 instructions just to make sure.
​​​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.
It seems like the medical requirements keep changing and I haven't kept up with what is currently required. Check the USCIS website to see if they have any mention of what to include with the AOS package.

Lastly, what evidence or documents are required that cannot be photo copies? We will make copies but prefer not sending the originals where possible.
The only thing that must be an original are the USCIS forms. Everything else should be photocopies.

Rene

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Old Dec 12th 2019, 6:46 pm
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Default 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.
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Old Dec 12th 2019, 7:10 pm
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Default 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.
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Old Dec 12th 2019, 7:19 pm
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Default Re: K1 > AOS specifics

Originally Posted by BenK91 View Post
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.
thanks, but would they really decline it on that alone?

I guess the question is; what does the wording in the refusal notice mean?
  1. Is it that they could not establish a new priority date because something else is filled in incorrectly?
  2. Or do they refer exactly to the part 2 question?
So confusing.
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Old Dec 12th 2019, 7:30 pm
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Default Re: K1 > AOS specifics

Originally Posted by Dodgexander View Post
thanks, but would they really decline it on that alone?

I guess the question is; what does the wording in the refusal notice mean?
  1. Is it that they could not establish a new priority date because something else is filled in incorrectly?
  2. Or do they refer exactly to the part 2 question?
So confusing.
I honestly don't know. The way I read the questions is, please enter your priority date *if any*. If you weren't certain what it was, then you probably would've been better off leaving it blank.

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.
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Old Dec 12th 2019, 7:37 pm
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Default Re: K1 > AOS specifics

Okay man, thanks. We'll do that.
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Old Dec 12th 2019, 8:09 pm
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Default Re: K1 > AOS specifics

Originally Posted by Dodgexander View Post
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?
Presumably her company's payroll is computerized, whether it is done in-house or through a service, so her employer should be able to help with a printout of her earnings for whatever period you require. That should work just as well as pay stubs.
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Old Dec 13th 2019, 1:50 am
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Default 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.
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Old Oct 27th 2020, 5:38 pm
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Default 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?
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Old Oct 27th 2020, 5:48 pm
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Default 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?
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Old Oct 27th 2020, 6:22 pm
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Default 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
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Old Oct 27th 2020, 7:14 pm
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Default 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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