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MariaAndreas

Motion to Reopen

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On April 28, 2015, USCIS denied my application, I-485, and offered me to file Motion to Reopen, I-290B.

I entered the U.S. on May, 2014, as a K1 fiancee. We got married in July, 2014, and I applied for my first Green Card as a spouse of the U.S. citizen. I passed Biometrics examination, got the Employment Authorization & Advance Parole in October, 2015. We had our interview on March 31, 2015. The interviewer said we need to wait for the GC for about 1,5 months because they need to “study our papers concerning my K1”…

In the mid-April we got RFE from USCIS requesting my husband's divorce papers (issued 5 years ago). He brought them non-certified copy of that document.... As a result, on April 28, 2015, our I-485 was denied because of this reason, and despite we live together for almost one year as a family in one house, I was given voluntary deportation, which means I was ordered to deport “as soon as possible” from home... My EA & AP card was automatically cancelled. I was lucky I have relatives who could host me for so long time in my home country, so, at least I didn't stay in the street... But it's just unbelievable, blatant situation!

However, in their letter, USCIS offered me to file the form I-290B, Motion to Reopen, within 30 days, with “new facts and evidences supported by Evidence of Eligibility at the time of filling underlying application” which was denied.

On May 5, 2015, the right divorce paper was finally obtained! Thus, we filed Motion to Reopen. The NOA on it was dated May 15, 2015.

Citing the uscis web site, "Q. When should I expect to receive a decision on a motion?

A. Although some cases may take longer, USCIS tries to adjudicate motions within 90 days. If you do not receive a decision on your motion within that time, you may contact the National Customer Service Center ..."

50 days have already passed, and there is no changes on our case. What should we do: to sit and wait for other 40 days passing, living apart, or better we should write about ours case to the senator? Can we make some complain for USCIS, which is giving us much damage, material and moral, keeping the family far apart for nobody knows how long? Whom should we write/call to make them work and let us live together again?

Thank you everybody for any suggestions!


K1 visa

2013-11-21 Petition I-129F is filed

2013-12-10 NOA-1

2014-01-31 RFE for my Letter of Intent (the stupid lawyer didn’t include it!)

2014-03-06 Respond to RFE

2014-03-12 NOA-2, Approval Notice

2014-03-28 NVC

2014-04-02 Documents came to Moscow USA Embassy

2014-05-05 Medical Examination is passed

2014-05-07 Interview is successfully passed

2014-05-13 K1 visa is issued

*******

2015-05-28 Arrived to USA

2014-07-17 Wedding


AOS

2014-07-31 I-485 is filed

2014-08-04 NOA

2014-08-16 Biometrics Appointment Notice for Sept. 3

2014-09-03 Biometrics are processed

2014-10-17 Combo Card (EAD/AP) is approved

2015-02-19 Interview invitation for March 31

2015-03-31 Interview

2015-03-31 The case is continued for Service Action

2015-04-10 RFE for an Andreas’s divorce decree of 2010

2015-04-20 Andreas responded to RFE

2015-04-28 The case is DENIED on his divorce decree’s insufficiency

*******

2015-05-14 Motion to Reopen, I-290B, is filed

2015-05-15 NOA

2015-08-03 Senator’s aid made an inquiry to USCIS

2015-08-10 I-485 is Reopened

*******

2015-08-10 RFE for new Medical Examination, I-693

2015-08-21 Respond to RFE

2015-08-28 GC is being produced

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It may be worth contacting the CISOMB: http://www.dhs.gov/about-citizenship-and-immigration-services-ombudsman

Edited by Pitaya

Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

> Almost 2 years of our lives involved with the USCIS/DOS "shuffle" & worth every second of it ! <

"Si vis amari, ama" - Seneca

_______________________

:idea: Read more, post less.... Google can be your friend ! :idea:

Prior apologies if I can explain it to you, but I can't understand it for you.

Keep your timeline current: http://www.visajourney.com/timeline/

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are you currently inside the USA or outside of the USA ?


Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

2mzcunl.gif

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Sounds like you are in Russia?


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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I have relatives who could host me for so long time in my home country, so, at least I didn't stay in the street...

What should we do: to sit and wait for other 40 days passing, living apart

USCIS, which is giving us much damage, material and moral, keeping the family far apart for nobody knows how long

Whom should we write/call to make them work and let us live together again?

It seems pretty clear that the OP is in Russia.


06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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So instead of the adjudicator saying he needs a certified copy of the divorce decree he denied the case and wanted you to self deport ? Why did you not contact an attorney right then and there to file a motion to re open or intervene otherwise ?


Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

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A simple RFE and got deportation order in couple weeks? This is just crazy.


N400

12/06/2014: Package filed

12/31/2014: Fingerprinted

02/06/2015: In-Line for Interview

04/15/2015: Passed Interview

05/05/2015: Oath letter was sent

05/22/2015: Oath Ceremony

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are you currently inside the USA or outside of the USA ?

Outside. Since the officer said it would take no less than a month and a half for my GC to come, we decided I go to visit my parents in Russia. I clearly remember how in the end of the interview, we specially asked the officer if I can enter the country with my Advance Parole while GC is not on hands yet. She said, "Yes, it's all right." By the way, we showed her that divorce paper in our folder we brought for the interview. She looked at it and after just closed the folder, gave it back to us and said everything is OK. Nothing seemed to go wrong, we didn't even expect any RFE come in two weeks after the interview. Our plan was to use my AP for coming back, or, in case GC comes, my husband would send it to me by express mail delivery.

Now my hubby is here with me :-) but soon he has to go back home, and I stay alone.

I left after the interview because, first of all, we were sure everything would be OK, and in 1,5-2 months I will sure to have a GC. Second, I was going to start college soon (specially waited for 1 year to avoid non-resident fee), and, since I could use my AP, I could visit my family who were unable to visit us in USA. I planned to start college as soon as I return home, while my GC would be in its way to us. Finally, that date tickets were much cheaper than later.

To crown the whole, the official USCIS web site says:

"Unless USCIS directs otherwise, the filing of a motion to reopen and/or reconsider (or of a subsequent application or petition) does not delay the execution of any decision in a case or extend a previously set departure date." 8 C.F.R. § 103.5(a)(1)(iv).

Since resently, filing a motion from abroad is allowed by law (Fifth Circuit’s decisions in Garcia Carias v. Holder and Lari v. Holder of September 27, 2012). Actually, I prepared all papers, and my spouse sent them from our home address in USA.


K1 visa

2013-11-21 Petition I-129F is filed

2013-12-10 NOA-1

2014-01-31 RFE for my Letter of Intent (the stupid lawyer didn’t include it!)

2014-03-06 Respond to RFE

2014-03-12 NOA-2, Approval Notice

2014-03-28 NVC

2014-04-02 Documents came to Moscow USA Embassy

2014-05-05 Medical Examination is passed

2014-05-07 Interview is successfully passed

2014-05-13 K1 visa is issued

*******

2015-05-28 Arrived to USA

2014-07-17 Wedding


AOS

2014-07-31 I-485 is filed

2014-08-04 NOA

2014-08-16 Biometrics Appointment Notice for Sept. 3

2014-09-03 Biometrics are processed

2014-10-17 Combo Card (EAD/AP) is approved

2015-02-19 Interview invitation for March 31

2015-03-31 Interview

2015-03-31 The case is continued for Service Action

2015-04-10 RFE for an Andreas’s divorce decree of 2010

2015-04-20 Andreas responded to RFE

2015-04-28 The case is DENIED on his divorce decree’s insufficiency

*******

2015-05-14 Motion to Reopen, I-290B, is filed

2015-05-15 NOA

2015-08-03 Senator’s aid made an inquiry to USCIS

2015-08-10 I-485 is Reopened

*******

2015-08-10 RFE for new Medical Examination, I-693

2015-08-21 Respond to RFE

2015-08-28 GC is being produced

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So instead of the adjudicator saying he needs a certified copy of the divorce decree he denied the case and wanted you to self deport ? Why did you not contact an attorney right then and there to file a motion to re open or intervene otherwise ?

We filed Motion to Reopen as soon as we got my man's certified copy of his 5 year old divorce from a court. Uscis started considering our Motion 50 days ago.

Both attorneys we spoke with didn't seem knowledgeable but greedy. What to expect if a lawyer doesn't know a difference between filing for AOS for K1 holders and that for other visa types who concluded marriages here? He asked many times again and again why we didn't file I-130 when married.... and that that's why we were denied. Stupid.

Good lawyer would cost us an arm and a leg. Unfortunately, we are not so rich, and we additionally now lost income because I lost my job in USA as a result of that immigration decision.

I prepared the Motion and all supporting documents by myself using Uscis instructions and good people's help with their advice. Thank them very much for their support! Feeling fee for Motion is $630 plus DHL delivery services from me (Russian Ural) to our home address in California.

We intervened timely and now presumably have to wait. However, I feel if we continue sitting and waiting, Uscis will not remember about us! How would you recommend to intervene additionally (without spoiling everything of course)?

Thank you all very much for giving your attention!


K1 visa

2013-11-21 Petition I-129F is filed

2013-12-10 NOA-1

2014-01-31 RFE for my Letter of Intent (the stupid lawyer didn’t include it!)

2014-03-06 Respond to RFE

2014-03-12 NOA-2, Approval Notice

2014-03-28 NVC

2014-04-02 Documents came to Moscow USA Embassy

2014-05-05 Medical Examination is passed

2014-05-07 Interview is successfully passed

2014-05-13 K1 visa is issued

*******

2015-05-28 Arrived to USA

2014-07-17 Wedding


AOS

2014-07-31 I-485 is filed

2014-08-04 NOA

2014-08-16 Biometrics Appointment Notice for Sept. 3

2014-09-03 Biometrics are processed

2014-10-17 Combo Card (EAD/AP) is approved

2015-02-19 Interview invitation for March 31

2015-03-31 Interview

2015-03-31 The case is continued for Service Action

2015-04-10 RFE for an Andreas’s divorce decree of 2010

2015-04-20 Andreas responded to RFE

2015-04-28 The case is DENIED on his divorce decree’s insufficiency

*******

2015-05-14 Motion to Reopen, I-290B, is filed

2015-05-15 NOA

2015-08-03 Senator’s aid made an inquiry to USCIS

2015-08-10 I-485 is Reopened

*******

2015-08-10 RFE for new Medical Examination, I-693

2015-08-21 Respond to RFE

2015-08-28 GC is being produced

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A simple RFE and got deportation order in couple weeks? This is just crazy.

I agree with you. Crazy and unbelievable.

I am sure it has something to do with my citizenship. Very discriminate policy, just veiled "na...sm". I will not say exactly how I call this extremely biased attitude to some nation, but you understood. This is disgusting and unforgivable.

Edited by MariaAndreas

K1 visa

2013-11-21 Petition I-129F is filed

2013-12-10 NOA-1

2014-01-31 RFE for my Letter of Intent (the stupid lawyer didn’t include it!)

2014-03-06 Respond to RFE

2014-03-12 NOA-2, Approval Notice

2014-03-28 NVC

2014-04-02 Documents came to Moscow USA Embassy

2014-05-05 Medical Examination is passed

2014-05-07 Interview is successfully passed

2014-05-13 K1 visa is issued

*******

2015-05-28 Arrived to USA

2014-07-17 Wedding


AOS

2014-07-31 I-485 is filed

2014-08-04 NOA

2014-08-16 Biometrics Appointment Notice for Sept. 3

2014-09-03 Biometrics are processed

2014-10-17 Combo Card (EAD/AP) is approved

2015-02-19 Interview invitation for March 31

2015-03-31 Interview

2015-03-31 The case is continued for Service Action

2015-04-10 RFE for an Andreas’s divorce decree of 2010

2015-04-20 Andreas responded to RFE

2015-04-28 The case is DENIED on his divorce decree’s insufficiency

*******

2015-05-14 Motion to Reopen, I-290B, is filed

2015-05-15 NOA

2015-08-03 Senator’s aid made an inquiry to USCIS

2015-08-10 I-485 is Reopened

*******

2015-08-10 RFE for new Medical Examination, I-693

2015-08-21 Respond to RFE

2015-08-28 GC is being produced

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Motions to re-open should be backed up with good solid evidence why the case should

be re-open especially when one is outside the US (You seem to be doing well so far)

You could have asked DHS (your jurisdiction) to join the motion to re-open, hopefully

you will get a positive answer, there is no time limit on decisions. Bear in mind you

can move on to BIA in 30 days (if you do not win) Best to send over-nited to keep

track. If they don't give you relief move on to the circuit .

Many ppl use AP to travel , but it is not 100% guaranteed one has to be allowed in, many

atty discourage their clients from using it unless its death or medical emergencies. Most

ppl do get back in but there are a few that is not so lucky or run into a mean CBP who

can deny you entry, even atty Scott don't encourage clients to use AP..just because they can

Have your husband seek support from his congress-person or Senator

Edited by Jawaree

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Outside.

Thank you. Apologies, it wasn't clear to me.

I hope a human at USCIS not decide that you abandoned all, because you left the USA. I think the dates on what happened when will be important on your case.

You wrote a narrative here, I suggest you contact the Ombudsmans' office about it, as the IO that you two saw seemingly messed up - it really was enough for him/her to SEE the certified copy and then keep the photocopy of that divorce decree. Or, if he was a smartie, he would have had the A-File in front of him, noting the certified copy that was submitted on interview day for the K-1 visa. Still, 'determination of divorce status' will be a sticking issue - ie when did the IO actually review what was in your file, and when did he accept the photocopy after seeing the certified copy.


Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

2mzcunl.gif

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Have you contacted a senator ?

This is really strange.


Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

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Not sure a MTR will be successful.

You need to show that USCIS made an error either in law or policy. If you did not present a certified copy of your husband's divorce decree then the mistake was yours.

It routinely takes ~6-12 months to process an appeal. You may wish to consider withdrawing the appeal and simply refilling for a CR-1 spousal visa, since it will probably take a similar amount of time, and given the facts as you have outlined them I'm doubtful your appeal will be upheld.

Edited by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

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You could have asked DHS (your jurisdiction) to join the motion to re-open, hopefully

you will get a positive answer, there is no time limit on decisions.

Could you please clarify how to ask DHS to "join the motion"? I have no idea about it, but it seems interesting to know.

I suggest you contact the Ombudsmans' office about it, as the IO that you two saw seemingly messed up - it really was enough for him/her to SEE the certified copy and then keep the photocopy of that divorce decree.

The strange thing is that IO told us on the interview they needed those 1,5 months to obtain the folder with my K1 case and stock them altogether with my GC case... Something like that. But if they got my K1 case, then the certified divorce paper is there! I don't understand, are they blind, or they just clutch the straws to destroy our life?

Have you contacted a senator ?

Not yet. I don't think a senator will help us now when 90-day processing time has not passed. Do you think, we should try now?

(Off topic: my spouse is from Cyprus too :-) )

Edited by MariaAndreas

K1 visa

2013-11-21 Petition I-129F is filed

2013-12-10 NOA-1

2014-01-31 RFE for my Letter of Intent (the stupid lawyer didn’t include it!)

2014-03-06 Respond to RFE

2014-03-12 NOA-2, Approval Notice

2014-03-28 NVC

2014-04-02 Documents came to Moscow USA Embassy

2014-05-05 Medical Examination is passed

2014-05-07 Interview is successfully passed

2014-05-13 K1 visa is issued

*******

2015-05-28 Arrived to USA

2014-07-17 Wedding


AOS

2014-07-31 I-485 is filed

2014-08-04 NOA

2014-08-16 Biometrics Appointment Notice for Sept. 3

2014-09-03 Biometrics are processed

2014-10-17 Combo Card (EAD/AP) is approved

2015-02-19 Interview invitation for March 31

2015-03-31 Interview

2015-03-31 The case is continued for Service Action

2015-04-10 RFE for an Andreas’s divorce decree of 2010

2015-04-20 Andreas responded to RFE

2015-04-28 The case is DENIED on his divorce decree’s insufficiency

*******

2015-05-14 Motion to Reopen, I-290B, is filed

2015-05-15 NOA

2015-08-03 Senator’s aid made an inquiry to USCIS

2015-08-10 I-485 is Reopened

*******

2015-08-10 RFE for new Medical Examination, I-693

2015-08-21 Respond to RFE

2015-08-28 GC is being produced

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