Our I-485 was denied because

[Tradewind 6]

I just received a call from the USCIS officer and this is what she said. In October 2013 we filed and I-130. In early December we filed and I-485. Around the end of December we decided to drop the whole thing so I sent a withdrawal letter for my I-130. The very next day we realized we had made a dumb mistake in withdrawing and called USCIS (before they received the withdrawal letter) that WE did not want to withdraw. The officer in Tier 2 assured me that it would not be withdrawn as they had not received the letter yet. So in January we got the Biometrics appointment and shortly after my wife got her permission to work. We changed address and got the interview notice.

Now the USCIS officer is telling me the real reason the case has been denied is that I had withdrawn back in December and that is why the case was denied. I explained to her that I called the next day to stop that withdrawal letter. She had orginally told me that the case was denied because we missed out appointment June 2. What I dont understand is why this is happening. We went through all the processes and now this is the reason for denial 8 months later. I talked to tier 2 at least 4 times in that 8 months and there was nothing ever said about anything wrong.

We have not had an interview appointment as we changed address and somehow the service request was not received in California for the new appointment. I talked to tier 2 twice before the orginal June 2 interview date to tell them I needed a new appointment in Oregon instead of California

She is going to her supervisor to try to get it reversed. My wife is working now and we have done almost everything by the book with no RFE's.

Anyone have an idea what we should do if they deny this. We are waiting for her call back again this afternoon. It is little crazy to say the least.

We have been together for 6 years and married for 4 years.

What should we do? My wife is in tears.

[Pitaya 2,576]

What type of visa are you adjusting from?

[Tradewind 6]

From b2 to green card I485. We have been married 4 years.

[Pitaya 2,576]

~Moved from Fam. based AOS to WST-based AOS Progress Forum~

~adjusting B2 visa~

(organizer hat off)

Likely a good time to promptly retain the services of a competent immigration lawyer.

[Tradewind 6]

I found this on the internet and I will outline in bold. This seems to be some good news as I never received an acknowledgement letter that the petition was withdrawn. We received Biometrics appointment. My wife received her USCIS Ead right to work card. We received an interview appointment. How can they say the I-130 was cancelled without an acknowledgment letter and we received all those other things.

After Filing the Visa Petition But Before USCIS Approves It

If you have already sent in Form I-130 (Petition for Alien Relative) but the case hasn't gone farther than this, you can “withdraw” your petition. To withdraw your petition, write a letter to U.S. Citizenship and Immigration Services (USCIS) at the same address where you filed the I-130. The letter should include:

1. your name and date of birth

2. your relative's name and date of birth

3. the “receipt number” for the petition that you filed (listed on the Form I-130 “receipt notice,” Form I-797), and

4. a statement that you want to withdraw the petition.

A few weeks after mailing, you should receive a letter from USCIS acknowledging that you've withdrawn the petition. If you do not receive such an acknowledgment, consider having a well-qualified attorney help you make sure that USCIS has “cancelled” the petition.

[Ian H. 207]

I don't understand why you wanted to withdraw in the first place. Were you trying to withdraw the AOS and withdrew the I-130 accidentally instead?

[Tradewind 6]

We had been living in Panama and one day we had the notion to move back. (this is after we filed the I-130 and I-485) When we came here, we did not intend to live here. The next morning after I sent the letter we regretted it and I knew and believed that if they had not received it yet I could withdraw that letter. I called tier 2 and they assured me that it my I-130 would not be withdrawn and the letter would be ignored. I never got a confirmation of withdrawal as they do when you withdraw your petition so I assumed my withdrawal letter was ignored. Everything went forward as I said with biometrics, ead and appointment. We did a change of address and never got a new appointment so I was pushing that with tier 2 and received a phone call from a case officer saying we were denied as I withdrew my petition in December. She told me yesterday that she would go to her supervisor to get the I-485 reinstated. We have received nothing in writing or on the website that tell us we are denied. I caught my error the day after I put it in the mail so I believe we should not be penalized to the extend of denial. Now almost 8 months letter they are telling me that we don't have a case with all the communication and filings, its hard to believe. The case officer from California will tell me tomorrow if we can move forward with an interview or if I have to appeal. I have set an infopass appointment to plead our case Yes we got homesick on day for Panama and sent the letter but quickly (one day later ) realized our big mistake and corrected it. I was trying to withdraw both.

Edited July 31, 2014 by Tradewind

[Ian H. 207]

Ok. I understand. Hopefully, they can reinstate your petition. However, you should be aware that if they don't do this and if there is no way to appeal, you would have to file everything all over again and pay all the required fees. Good luck!

[Tradewind 6]

Ok. I understand. Hopefully, they can reinstate your petition. However, you should be aware that if they don't do this and if there is no way to appeal, you would have to file everything all over again and pay all the required fees. Good luck!

No appeal really? No reconsideration from someone else? Why? Is a possible that after my infopass appointment the officer could reverse it?

My questions are these: What did they not send me an acknowledgment of my withdrawal of my petition? Why did they tell me no worries that my petition would go forward. Why did they let the case go forward for 8 more months? What happens to my wife as she is working and in the USA now? Can she stay or does she have to leave. We have been living together for 6 years.

[Harpa Timsah 13,258]

If you are denied, she doesn't have to leave, but you have to start over again and pay again. The EAD and AP will be cancelled too.

Next time you are thinking about moving, move first, then cancel the I-130 (or just leave it for the future).

I am not sure that they are required to send an acknowledgment of withdrawal.

Edited July 31, 2014 by Harpa Timsah

[Tradewind 6]

If you are denied, she doesn't have to leave, but you have to start over again and pay again. The EAD and AP will be cancelled too.

Next time you are thinking about moving, move first, then cancel the I-130 (or just leave it for the future).

I am not sure that they are required to send an acknowledgment of withdrawal.

I look at the USCIS website almost every day. I have talked to tier 2 officers in the last 8 months at least 4-5 time. Why when they looked at my case did they not have the information she was denied...The case has gone forward on all cases I-130 Ead and I-485. Why would they not notify me of this earlier?

Why have they waited so long? It just doesn't seem fair.

[Harpa Timsah 13,258]

I'm not sure. My impression that sometimes withdrawal letters are put into files and not acted upon until the time of adjudication. You also did not withdraw the I-485, so maybe they had a I-485 floating around for a while and they had to do some checks about the I-130. 8 months is pretty long for a concurrent AOS. Maybe they thought the I-130 was just lost and they were looking for it to help you, and when they found it, they saw it had been withdrawn.

I do think you have something of a case if the people on the phone told you you could cancel the withdrawal. That is not possible.

[Tradewind 6]

I'm not sure. My impression that sometimes withdrawal letters are put into files and not acted upon until the time of adjudication. You also did not withdraw the I-485, so maybe they had a I-485 floating around for a while and they had to do some checks about the I-130. 8 months is pretty long for a concurrent AOS. Maybe they thought the I-130 was just lost and they were looking for it to help you, and when they found it, they saw it had been withdrawn.

I do think you have something of a case if the people on the phone told you you could cancel the withdrawal. That is not possible.

I have heard that the withdrawal can be cancelled if they have not received it. If they receive it it can not be cancelled. A tier 2 officer told me that all calls are recorded. So they must have the recording with the officer and I talking. So it must be possible to retrieve it?

When my wife received her B2 visa I had contacted my US Senators office in Oregon and they wrote a nice letter to the embassy in Panama which I believe helped her get her tourist visa. We have kept in touch for the last 3 years and they told me if I needed any help with a problem with our immigration process to please contact them. I have an infopass appointment in August in Portland and the Senators office is there too. I am planning to write the Senator for help if this denial is not retracted. The case officer said she would contact me to tell me if her superior will let our I-485 go forward. I should hear today the good or bad news.

Thanks for your help on this.

[Darnell 8,478]

the call center ain't the adjudication office, and don't know what's going on with a case

until

an adjudication person makes status changes and/or notes in the electronic casefile record.

an ISO can see these notes, usually.

So is possible that the withdrawal stayed with the casefile as it moved around , finally in front of an adjudicator somewhere, who never reviewed any electronic notes from an ISO...

that's my 2 cents - suggest you get in with an infopass appointment and ask for the floor supervisor - who will then get you in touch (if you ask) with the adjudication supervisor. between those 2 humans, you might be able to get some movement. Unsure - won't know exactly until you try.

[Hypnos 6,576]

I don't believe a withdrawal can itself be withdrawn.