AOS rejected.. What to do next? Please help

[Bieloanya]

Hi guys,


I recently posted on this forum saying that my husband and I filled for AOS but after two months we didn't have any NOA from USCIS.

well, this morning we got our whole envelope back.


On top of the i485 form there is a rejection letter, stating that:





1. We need to add the i944 form (which we didn't send with our application as we didn't know of its existence)

2. We need to fill form I864 (which we did mail, they even put a staple to it! Why would they say that we didn't?)





And on top of form i130, there is another letter saying that we need to fill form i485 (which I guess they ask for as they reject the one we sent).





Ma question is: what to do next?


File a whole new application or "fix" the errors and submit a new application, but mentioning the first one?


The doubt arises from form i944: apperently there is an injunction or a lawsuit of some kind and I red that USCIS can't ask for it to all of the applicants who file from July 30th.





Any advice?


Thank you all in advance!


your help is greatly appreciated

[danny32]

Refile. Trump administration has already appealed the injunction so do send I-944 unless you’re from Vermont, NY or Connecticut. Only people from these 3 states can skip I-944.

[aph]

The only option I see here is for you to re-fill and make sure you get ALL the RECENT forms per your status (because you didn’t inform us of your status, I’m unable to advise as to which forms).

2 important notes:
1. ALL forms - make sure to submit a complete application;
2. RECENT forms - make sure to submit latest and relevant forms. The forms have recently changed (from Feb 24) and you need to make sure you’re submitting the latest forms.

All the Best!

[Johnny6751]

Hi guys,


I recently posted on this forum saying that my husband and I filled for AOS but after two months we didn't have any NOA from USCIS.

well, this morning we got our whole envelope back.


On top of the i485 form there is a rejection letter, stating that:





1. We need to add the i944 form (which we didn't send with our application as we didn't know of its existence)

2. We need to fill form I864 (which we did mail, they even put a staple to it! Why would they say that we didn't?)





And on top of form i130, there is another letter saying that we need to fill form i485 (which I guess they ask for as they reject the one we sent).





Ma question is: what to do next?


File a whole new application or "fix" the errors and submit a new application, but mentioning the first one?


The doubt arises from form i944: apperently there is an injunction or a lawsuit of some kind and I red that USCIS can't ask for it to all of the applicants who file from July 30th.





Any advice?


Thank you all in advance!


your help is greatly appreciated

Oh wow that's so upsetting. YOU NEED TO RE-FILE ASAP.

Sometimes IO's lose documents or throw them away by mistake.

[sandeep.iiit]

Refile. Trump administration has already appealed the injunction so do send I-944 unless you’re from Vermont, NY or Connecticut. Only people from these 3 states can skip I-944.

The administration has appealed the injunction but the USCIS website continues to say that there is no need to file I-944.

Applicants and petitioners whose applications or petitions are postmarked on or after July 29, 2020, should not include the Form I-944 or provide information about the receipt of public benefits on Form I-485, Form I-129, Form I-129CW, Form I-539, or Form I-539A.

USCIS will issue guidance regarding the use of affected forms. In the interim, USCIS will not reject any Form I-485 on the basis of the inclusion or exclusion of Form I-944, nor Forms I-129 and I-539 based on whether Part 6, or Part 5, respectively, has been completed or left blank.

Given this I think USCIS will accept applications without I-944, until they change their guidance one more time and put a date on when to start filing I-944 again. I am in the process of filing my I-485, and I am planning to skip I-944. Please let me know if I am making a grave mistake!

[danny32]

The administration has appealed the injunction but the USCIS website continues to say that there is no need to file I-944.


Given this I think USCIS will accept applications without I-944, until they change their guidance one more time and put a date on when to start filing I-944 again. I am in the process of filing my I-485, and I am planning to skip I-944. Please let me know if I am making a grave mistake!

You are right but the way I see it is that there is so much confusion out there that’s it’s always better to be safe than sorry. If you send I-944 and at the end of the day USCIS doesn’t use it adjudicate your case then you lose nothing, but if they still require I-944, then they will reject your case and you will face further delays.

It is a bit of dilemma and it can go either way if you file without I-944. There is a post here from couple of days ago from a person who’s application was rejected due to missing I-944. And at that point there’s nothing you can do but to file again, and in case they reject it again, and even though USCIS would been wrong by doing so, they lose nothing but you would lose months in time.

So at the end of the day it’s your call. You can give it a shot. Public charge rule is not going away indefinitely, that’s for sure. So if you feel I-944 doesn’t work in your benefit, then I suggest you send your AOS package without I-944 ASAP and hope USCIS accepts it.