Can we start over with our AOS application and try to get a 10 year green card instead since my wife and I have been married over 2 years? 13 Answers as of October 23, 2013

I've been in the US legally over 10 years now. My wife and I got married in October 2011. We went through the steps of adjustment of status and got our I-130 approved. However, we were written back that our affidavit of support was incomplete. We sent the required document USCIS asked for 2 1/2 months before the deadline. My case was pending for over 2 months. However we received a notice saying that our case was denied because they didn't receive the information required or it was lost, which was very frustrating news. We were told that we could motion/appeal the case.

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Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
Do you have proof that the documentation you submitted was received? If you do, then you can have a basis for the motion. Otherwise, there is not going to be any evidence that you submitted it so it will be likely denied. But you can always start over although all the fees will have to be paid again.
Answer Applies to: California
Replied: 10/23/2013
Mulder Law office, PA
Mulder Law office, PA | Kyndra L Mulder, Esquire
If it has been two years at the date of the interview your spouse will receive the 10 year card. Thus, if you will have been married two years at the date of a motion to reconsider I suggest you go that route.
Answer Applies to: Florida
Replied: 10/21/2013
Richard S. Kolomejec, Attorney at Law
Richard S. Kolomejec, Attorney at Law | Richard S. Kolomejec
You can do an INFO PASS appointment to speak to an immigration officer. But it is probably easier just to refile the case with an attorney.
Answer Applies to: California
Replied: 10/21/2013
Law Office of Eric Fisher | Eric Fisher
You should file a motion with proof that you responded timely. There is no appeal from the denial of an I-485, but if your case is referred to immigration court, you can file the case there without additional fees.
Answer Applies to: Colorado
Replied: 10/21/2013
Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
Yes I would re-file correctly - perhaps with an attorney this time - and request the 10 year card since married over 2 years.
Answer Applies to: California
Replied: 10/21/2013
    Alena Shautsova
    Alena Shautsova | Alena Shautsova
    Yes, you may refile. Just note you will need to pay all the fees again.
    Answer Applies to: New York
    Replied: 10/21/2013
    Law Office of Pho Ethan Tran PLLC
    Law Office of Pho Ethan Tran PLLC | Pho Ethan Tran
    You can send a motion to reopen or for reconsideration to USCIS along with proof that the documents were submitted or delivered on time, such as a certified mail receipt or a return receipt. If you believe USCIS was at fault for losing or misplacing the documents, you can also make a request along with your motion that the filing fee for the motion be refunded or returned to you. Otherwise, you can also submit a new I-485 application and pay the $1,070 fee again. You do not need to resubmit a new I-130 petition; just submit a copy of the receipt for the petition with the new application.
    Answer Applies to: Texas
    Replied: 10/21/2013
    Law Offices of Linda Rose Fessler | Linda Fessler
    File the appeal first.
    Answer Applies to: California
    Replied: 10/21/2013
    Vasquez Law Firm, PLLC
    Vasquez Law Firm, PLLC | William J. Vasquez
    Appeals take a very long time, in the alternative you could refile again but would have to repay the filing fees. The real question is whether your spouse qualifies for AOS. For a person to qualify for AOS they must have been inspected by immigration at the time of entry.
    Answer Applies to: North Carolina
    Replied: 10/21/2013
    Law Offices of Grinberg and Segal
    Law Offices of Grinberg and Segal | Alexander Segal
    You can start the process over. However, you would be best advised to file a motion to reopen/reconsider if you have evidence you timely filed the requested evidence. You can request the fee be waived due to USCIS's error.
    Answer Applies to: New York
    Replied: 10/21/2013
    The Law Office Kevin L. Dixler
    The Law Office Kevin L. Dixler | Kevin Lawrence Dixler
    You can try, but you should hire a competent and experienced immigration attorney to assist with the processing. There may be other complications.
    Answer Applies to: Illinois
    Replied: 10/21/2013
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