Urgent! Help.
 

Hello People,
A letter just arrived in Delaware (I filed AOS to VSC with delaware address), and my sister-in-law told me that some application was rejected, I will ask her in details tonight.

The very important thing is that since my 90 day deadline is Oct 18th (on I797, it said both marriage and AOS occur within the date), I am wondering if I resubmit the AOS, will the old filing date (sep 27th) or the new date (perhaps a bit over Oct 18th) count?

Can i just assume though my AOS was rejected this time, however, AOS happens within 90 days already, hence, it is quite flexible for me to submit the new AOS without considering the deadline issue?

It totally determines whether I should spend hundreds of dollars on Amtrak (I don't drive, and my husband cannot ask for a leave from job on weekdays)

Thank you very much. Please help me. I must make a decision tomorrow, Oct 18th (Friday) is coming!

Best Regards,
JBJ

Re: Urgent! Help.
 

Relax:

Only the marriage has to take place within the 90 day period. Resubmitt.

Re: Urgent! Help.
 

Folinskyinla,
Thanks a lot for the message. I do find a lot of people say like that, however, I-797 asked for both happen within 90 days.

No one ever got penalized for submitting it late?

Appreciate it.

Best,
JBJ

Re: Urgent! Help.
 

Why was it rejected? Did you file it at the wrong office? I agree with Folinskyinla, and think you need to just file it again, but make sure to not make the same mistake again. If you sent the wrong fees, make sure to send the correct amount(s), or if you tried filing it at the wrong INS office, make sure to file it at the correct office.

File it soon as its not "on-file" yet (even though you tried to file it already). The longer you wait to file, the more unlawful presence you could possibly accumulate (if you end up filing after your initial 90 days from your date of entry).

Good luck with your case.

Regards,
Matthew Udall
Attorney
http://members.aol.com/MDUdall/instimes.htm

Re: Urgent! Help.
 

Matthew,

Thank you very much for your reply.

I will make sure what's wrong with the case tonight.

Best,
JBJ

Re: Urgent! Help.
 

JBJ

The two attorneys who answered your post are not familiar with your situation. You are the young lady who lives in Maryland and filed correctly with Vermont Service Center for your AOS, EAD and A/P. However, because you live in an apartment and felt you might move before your AOS appointment letter arrives you erroneously sought to circumvent the problem by putting your parents' Delaware address on the I-485 and your correct Maryland address on the EAD and A/P. I am sure that what your sister is going to read you tonight is a rejection of your AOS application stating that you filed at the wrong INS office and should have filed in Philly instead since you list a Delaware address.

One of two things will have occurred with an off the cuff suggestion if #2 has occurred:

1. You will have to refile the application, again with Vermont, and if the EAD and A/P are not returned hope that they match up somewhere along the way if they have not been returned as well.

2. Vermont forwarded your petition(s) on to Philadelphia for you and then you will have to get them reassigned back to Vermont.

3. You can abandon everything and start fresh all over again with Vermont giving your correct address on all the applications.

Rete

R

Re: Urgent! Help.
 

    > The two attorneys who answered your post are not familiar with your
    > situation. You are the young lady who lives in Maryland and filed
    > correctly with Vermont Service Center for your AOS, EAD and A/P.
    > However, because you live in an apartment and felt you might move before
    > your AOS appointment letter arrives you erroneously sought to circumvent
    > the problem by putting your parents' Delaware address on the I-485 and
    > your correct Maryland address on the EAD and A/P. I am sure that what
    > your sister is going to read you tonight is a rejection of your AOS
    > application stating that you filed at the wrong INS office and should
    > have filed in Philly instead since you list a Delaware address.
    > One of two things will have occurred with an off the cuff suggestion if
    > #2 has occurred:
    > 1. You will have to refile the application, again with Vermont, and if
    > the EAD and A/P are not returned hope that they match up somewhere
    > along the way if they have not been returned as well.
    >2. Vermont forwarded your petition(s) on to Philadelphia for you and
    > then you will have to get them reassigned back to Vermont.
    > 3. You can abandon everything and start fresh all over again with
    > Vermont giving your correct address on all the applications.

If the G-325A misrepresented her residence as being in Delaware, she
could face an inadmissibility charge which will effectively bar
adjustment approval. Or, they might not notice any misrepresentation
at all (if everything is consistent) and instead actually process it
to completion in Delaware and she'll have a little skeleton in the
closet.

In general, abandonment and re-filing is the best way out of this
situation.
CP

Re: Urgent! Help.
 

Rete,
Thank you so much for the detailed explanation on this. You are right, my sister-in-law read it to me, the INS rejected the application and say I should send it to District Office in Philidelphia. On the letter, it also said, because I-485 is unacceptable, I-765 was returned too. So I guess all the stuff were returned.

Though I haven't seen the whole package yet, however, according to my sister, everything was returned including the checks etc. I asked her to send them to me by FedEX and I can just change the address and include the copy of the rejection letter and resubmit them.

The things are clarified now, and I think I paid a price for not being cautious on the address issue.

Sincerely appreciate it, later on, I will post this experience on the kayma thing to remind other people about address issue.

Best,
JBJ

Re: Urgent! Help.
 

    > The very important thing is that since my 90 day deadline is Oct 18th
    > (on I797, it said both marriage and AOS occur within the date), I am
    > wondering if I resubmit the AOS, will the old filing date (sep 27th)
    > or the new date (perhaps a bit over Oct 18th) count?

The 90 day deadline is for concluding a valid marriage following
admission with a K1 visa. After that, a pending adjustment
application is necessary to maintain continued lawful status. You
are, however, permanently eligible to file for adjustment at any time
following the marriage, and may renew the adjustment application as
needed. If you refile, the new filing date will then apply. This is
irrelevant, however, since your green card will not be dated until the
date of application approval (i.e. adjustment interview).


CP

Re: Urgent! Help.
 

"Chris Parker" wrote in message
news:cebf7f45.0210150735-
[email protected]...
    > If the G-325A misrepresented her residence as being in Delaware, she
    > could face an inadmissibility charge which will effectively bar
    > adjustment approval.

It must be a "material" misrepresentation for a bar to kick in.

Paulgani

Re: Urgent! Help.
 

Thank you guys,
I have received the package from Delaware, and everything is included ( I found INS people actually reorganized my files, and stapled&bunched here and there).

I will refilled in the I-485 with the new address and resubmit it to VSC, cause my residence is in Maryland.

Anyway, I think i can submit it by Oct 18th, therefore, I wouldn't worry about the deadline issue now.

Best,
JBJ

Re: Urgent! Help.
 

It's been a while since I filed for AOS, but I thought there was a space on the forms to list an agent. If this is the case then list your family member and the Delaware address as your agent, I think this means that both addresses will get any NOA's etc.

Hope I'm right, but it's worth looking into anyway, if the chances are that you will move from your present address

Good Luck

Simon

Re: Urgent! Help.
 

Simon,
Thanks a lot for the information. I am not sure if the forms have been changed, I didn't see space for agent.

Anyway, appreciate your sharing the tips. :)

Have a good one.

Best,
JBJ