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? - Immigration Law Questions and Answers- LawQA.com

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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?

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.

Law Offices of Svetlana Boukhny
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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
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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
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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

Answer By Eric Fisher

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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

Answer By Lynne Feldman
Feldman Feldman & Associates, PC
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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

Answer By Alena Shautsova
Alena Shautsova
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Yes, you may refile. Just note you will need to pay all the fees again.

Answer Applies to: New York
Replied: 10/21/2013

Answer By Pho Ethan Tran
Law Office of Pho Ethan Tran PLLC
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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

Answer By Linda Fessler

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File the appeal first.

Answer Applies to: California
Replied: 10/21/2013

Vasquez Law Firm, PLLC
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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

Answer By Alexander Segal
Law Offices of Grinberg and Segal
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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

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