Spouse AOS rejected

[satyaa123]

My AOS was filed in July 2007, Priority date Aug 2006.

Got Married in 2008, Am on H1 and wife on H4 from India residing in US.

Priority date became current on June 1,2011. USCIS received her AOS on June 2,2011.

My AOS was approved on June 4,2011 and her AOS was rejected on June 22,2011 stating they couldn't find her Priority date.

What can I do now. Will they accept refiling since they received her application before my AOS was approved?

[Shurap1]

Originally posted by satyaa123:

My AOS was filed in July 2007, Priority date Aug 2006.

Got Married in 2008, Am on H1 and wife on H4 from India residing in US.

Priority date became current on June 1,2011. USCIS received her AOS on June 2,2011.

My AOS was approved on June 4,2011 and her AOS was rejected on June 22,2011 stating they couldn't find her Priority date.

What can I do now. Will they accept refiling since they received her application before my AOS was approved?

File MTR.

[suma123]

I have the same feeling that I can get into the same situation. I send my spouse I-485 and before USCIS receives it my application gets approved. Then do it all over again?.

[Shurap1]

Originally posted by suma123:

I have the same feeling that I can get into the same situation. I send my spouse I-485 and before USCIS receives it my application gets approved. Then do it all over again?.

No his case is different. He sent the application at right time. His wife's application was received by USCIS on the day when his application was still in pending state. So technically she is qualified for AOS but USCIS denied the application. I guess MTR would result in reopening this case for sure.

[rs79]

we were in a similar situation - my wife's aos wasnt rejected, but was still pending after mine got approved. the 2 applications were filed about a year apart. we were told that the applications were disconnected during processing (probably because she had her own application in the pipeline too...). after repeated SRs, letters to the senator, what worked was sending an email to SCOPSSCATA@dhs.gov. they replied and pulled out her file from the records center and finally approved it within 2 months...the entire ordeal lasted from july to nov 2010.

in your case, you will have for adopt a more formal channel, since they have rejected the application all together

[mem79]

I think all you have to prove is marriage is done before Primary AOS is approved and Derivative should be in legal status at the time of Applying . I don’t think 1 or 2 days out of status is matters in this case . And I again consult Experienced Lawyer !