urgent inquiry!

[Laureys]

I entered in the USA through K1 visa. Got married and submitted my I -485/EAD/AP. However , due to emergency, I left the States for Canada which I'm a resident.
I missed my biometrics and my PR is on hold for RFE?
Kindly let me know what we need to do? Thank you.
Laureys

[rayb]

You are considered to have "abandoned" your Adjustment procedure, which usually results in a denial, if the "abandonment" has been recognized by USCIS.

Missing the Biometrics does not not cause an immediate Request for Evidence, though it might sooner or later.

But if you do get a Request for Evidence and don't respond by the stated deadline, or miss an interview appointment for the Adjustment processing, your submittal will be denied and the $1,070 lost, though you will have an option to "reopen" for about $600.

Since your K1 visa was a "one-time" entry, the only way you can avoid being rejected is to try and come back to the U.S. as a visitor without using your K1 visa.

--Ray B

I entered in the USA through K1 visa. Got married and submitted my I -485/EAD/AP. However , due to emergency, I left the States for Canada which I'm a resident.
I missed my biometrics and my PR is on hold for RFE?
Kindly let me know what we need to do? Thank you.
Laureys

[Laureys]

Sir Ray,

Do u think that If my husband will send my RFE, it will still be possible for USCIS to accept it. And if I will apply for a visitor visa, would there be any chances for me to be given a visa since they can check that I married my husband already? I do not want to start all over again, that's why Im asking if there's any other way. Or if all fails, do we need to refile for I-130>
Please advise. Thank you so much. Relly need help.
LAureys

I entered in the USA through K1 visa. Got married and submitted my I -485/EAD/AP. However , due to emergency, I left the States for Canada which I'm a resident.
I missed my biometrics and my PR is on hold for RFE?
Kindly let me know what we need to do? Thank you.
Laureys

[rayb]

Laureys,

Has there been an RFE letter from USCIS yet?

If so, what did the RFE ask for?

But if you are not back in the U.S. for an interview, your Adjustment will get denied, and your husband will have to re-petition you with an I-130.

--Ray B

Sir Ray,

Do u think that If my husband will send my RFE, it will still be possible for USCIS to accept it. And if I will apply for a visitor visa, would there be any chances for me to be given a visa since they can check that I married my husband already? I do not want to start all over again, that's why Im asking if there's any other way. Or if all fails, do we need to refile for I-130>
Please advise. Thank you so much. Relly need help.
LAureys

[Laureys]

Sir Ray,

Yes, my husband received RFE on August 21 and was given 87 days, They require for I-864> I am lost, really dont know what to do. But my cousin will be the one to submit as my joint sponsor.

Thanks
laurey

You are considered to have "abandoned" your Adjustment procedure, which usually results in a denial, if the "abandonment" has been recognized by USCIS.

Missing the Biometrics does not not cause an immediate Request for Evidence, though it might sooner or later.

But if you do get a Request for Evidence and don't respond by the stated deadline, or miss an interview appointment for the Adjustment processing, your submittal will be denied and the $1,070 lost, though you will have an option to "reopen" for about $600.

Since your K1 visa was a "one-time" entry, the only way you can avoid being rejected is to try and come back to the U.S. as a visitor without using your K1 visa.

--Ray B

- - - Updated - - -

Sir Ray, if you have personal numebr, can you please email it to me , Need tour assistance badly.

Thanks,
Laureys

Sir Ray,

Yes, my husband received RFE on August 21 and was given 87 days, They require for I-864> I am lost, really dont know what to do. But my cousin will be the one to submit as my joint sponsor.

Thanks
laurey

[rayb]

Laurey

You have two problems:

1. You are not in the U.S., and have to be in the U.S. to be interviewed;
2. You have an RFE for incomplete or inadequate sponsorship proof.

If you are confident that you can get back into the U.S., without trying to use your "one-time" K1 visa, then proceed with fixing your sponsorship problem. Your husband must still provide an I-864, as petitioner and primary sponsor, but your cousin can be a co-sponsor.

--Ray B

Sir Ray,

Yes, my husband received RFE on August 21 and was given 87 days, They require for I-864> I am lost, really dont know what to do. But my cousin will be the one to submit as my joint sponsor.

Thanks
laurey






- - - Updated - - -

Sir Ray, if you have personal numebr, can you please email it to me , Need tour assistance badly.

Thanks,
Laureys

[Laureys]

Sir Ray,
I regret all these mess that due to emergency, we lost everything. I think there will still be an issue if I will try to apply for visitor visa. So, do u think that we have to wait for the decision from USCIS until November before my husband could refile the petition for I-130? Because they sent the RFE on August 21, and 87 days was given to us. So, probably it will be mid of November once they didn't receive from us. Yes, my husband, provided the I-864 when we submitted it but they required for joint sponsor since we didn't meet the requirement. Any idea how long it will take for I-130 petition? If we refile, do we need to provide for Affidfavit regarding re filing since I left the States without my AP? Please advise.
Thank you so much.
Laureys

Laurey

You have two problems:

1. You are not in the U.S., and have to be in the U.S. to be interviewed;
2. You have an RFE for incomplete or inadequate sponsorship proof.

If you are confident that you can get back into the U.S., without trying to use your "one-time" K1 visa, then proceed with fixing your sponsorship problem. Your husband must still provide an I-864, as petitioner and primary sponsor, but your cousin can be a co-sponsor.

--Ray B

[Laureys]

Sir Ray,
My AOS is pending right now at USCIS. They sent the letter last Auigust 21 and was given 87 days to comply. I may not be able to submit the RFE anymore as I am in Canada right now. I am assuming that this will be denied since I cant go back to the US right now. My husband and I decided to refile I-130 instead. Do we need to wait for their letter regarding the result before we could actually refile? I believe they will send the letter to my husband as my petitioner.
Kindly let me know.
Thank you so much.
Laureys

Sir Ray,
I regret all these mess that due to emergency, we lost everything. I think there will still be an issue if I will try to apply for visitor visa. So, do u think that we have to wait for the decision from USCIS until November before my husband could refile the petition for I-130? Because they sent the RFE on August 21, and 87 days was given to us. So, probably it will be mid of November once they didn't receive from us. Yes, my husband, provided the I-864 when we submitted it but they required for joint sponsor since we didn't meet the requirement. Any idea how long it will take for I-130 petition? If we refile, do we need to provide for Affidfavit regarding re filing since I left the States without my AP? Please advise.
Thank you so much.
Laureys

[Laureys]

Sir Ray,

I also need to check from you. When I arrived in the States, 2 weeks after, I applied for my Social Security. I was not married yet when I applied it. If we are going refile for I-130, there's a question there for Social Security Number for beneficiary and A#? Do I need to fill this out? Do i need to use my A# for my Fiance Visa?
Thank you.
Laureys

Sir Ray,
My AOS is pending right now at USCIS. They sent the letter last Auigust 21 and was given 87 days to comply. I may not be able to submit the RFE anymore as I am in Canada right now. I am assuming that this will be denied since I cant go back to the US right now. My husband and I decided to refile I-130 instead. Do we need to wait for their letter regarding the result before we could actually refile? I believe they will send the letter to my husband as my petitioner.
Kindly let me know.
Thank you so much.
Laureys

[rayb]

If you originally filed an I-130 and I-485 together, your inability to meet the RFE requirements will result in a denial of the Adjustment of Status, but your I-130 is technically still valid. Cancel your I-485, then pursue having your I-130 approval moved to the National Visa Center for pre-Embassy processing.

--Ray B

Sir Ray,
My AOS is pending right now at USCIS. They sent the letter last Auigust 21 and was given 87 days to comply. I may not be able to submit the RFE anymore as I am in Canada right now. I am assuming that this will be denied since I cant go back to the US right now. My husband and I decided to refile I-130 instead. Do we need to wait for their letter regarding the result before we could actually refile? I believe they will send the letter to my husband as my petitioner.
Kindly let me know.
Thank you so much.
Laureys

[Laureys]

Sir Ray,
We haven't filed for I-130 because I entered in the US through K1 visa. Then after we got married, we submitted my AOS.
Since, they gave us 87 days from August 21, do we need to wait for their letter for denial because obviously I cannot go back to the states right now as I abandoned my application. Do we have to wait for it before we could start to refile I -130? And do we need to attach the affidavit stating that we are going to refile I -130 since I left US due to emergency without waiting for my advance parole?
We don't know if we can start to apply for I-130 now since my AOS is pending. And we counted it from August 21 , it will be probably by 2nd week of November that they will check that no response from us for the RFE.
Kindly advice what's best for us .
Thank you so much
Laureys

[rayb]

I got it now. You kept saying that were going to "refile" the I-130, and that had me confused. You can't "refile" if you never filed it before. Cancel your I-485 and then submit the I-130 to USCIS.

--Ray B

Sir Ray,
We haven't filed for I-130 because I entered in the US through K1 visa. Then after we got married, we submitted my AOS.
Since, they gave us 87 days from August 21, do we need to wait for their letter for denial because obviously I cannot go back to the states right now as I abandoned my application. Do we have to wait for it before we could start to refile I -130? And do we need to attach the affidavit stating that we are going to refile I -130 since I left US due to emergency without waiting for my advance parole?
We don't know if we can start to apply for I-130 now since my AOS is pending. And we counted it from August 21 , it will be probably by 2nd week of November that they will check that no response from us for the RFE.
Kindly advice what's best for us .
Thank you so much
Laureys

[msri]

Hello Ray,

Its been 10 months now since we got our Noa1 for K1 visa, we did not receive the NOA2 yet.
As per your experience do you know any case took this long? what are the chances of we getting our visa?

Thanks,
Msri

[Laureys]

Sir Ray,

I'm sorry for the confusion. Should I tell them that I am in Canada already and Do I need to be specific about the reason? Please help me, what I need to write as I'm a bit nervous about this whole thing. Thank you so much for your patience. Do u think it is better to cancel rather than to wait for their letter for denial, I'm confused.

Regards
Laureys

I got it now. You kept saying that were going to "refile" the I-130, and that had me confused. You can't "refile" if you never filed it before. Cancel your I-485 and then submit the I-130 to USCIS.

--Ray B

[rayb]

You first need to check the status of your NOA1 receipt number on the USCIS status website at: https://egov.uscis.gov/cris/Dashboard.do
I've seen a few (of my own) K1 petitions taking this long to get approved, but they were the exceptions.

If the status shows "Initial Review," you should consider an in-person appointment using the INFOPASS online page at: https://infopass.uscis.gov/

--Ray B

Hello Ray,

Its been 10 months now since we got our Noa1 for K1 visa, we did not receive the NOA2 yet.
As per your experience do you know any case took this long? what are the chances of we getting our visa?

Thanks,
Msri

- - - Updated - - -

Send a cancellation letter to the USCIS address shown on the receipt Notice of Action for your I-485, and include a copy of the Receipt Notice of Action. Then include a copy of your cancellation letter with your I-130 application.

--Ray B

Sir Ray,

I'm sorry for the confusion. Should I tell them that I am in Canada already and Do I need to be specific about the reason? Please help me, what I need to write as I'm a bit nervous about this whole thing. Thank you so much for your patience. Do u think it is better to cancel rather than to wait for their letter for denial, I'm confused.

Regards
Laureys