I485 Denied - No interview letter :(

[Daniel Littleton 2]

Hi there,

 

I'm from the UK and moved to the states to marry my now wife over in Seattle. We went through the hoops, paid all the fees and had no issues...until now.

 

Yesterday(Sat 24th Feb 2018) we received a letter denying the permanent residence of myself. This was news to us as we had not received a letter for the interview for myself and my wife.

 

We searched the house top to bottom, no letter, we watch the mail like hawks awaiting anything coming through. We had moved in August BUT the first thing we did was to change the address and get a recipet for that change. This feels like a non starter as we did receive this letter.

We are both devastated after being here just over a year now and having met all the conditions and applications up until now. We intend to appeal via the i-290b form.

 

My concerns are as follows:

- We are able to appeal, but based off of a letter not being received do we motion for to re open or motion to reconsider? Or would it even be some of the other options on the I-290B form.

- When I appeal, am I able to continue to work or will I need to wait? I literally just found a job which was tough in the first place in my field and this worries me greatly.

- Do I need to leave the US whilst I appeal via the i-290b form?  As the letter states: ''you were lawfully present in the United States as a K-1 fiance immigrant. This has expired. You are not authorized to remain in the United States and should make arrangements to depart as soon as possible. and so on. Even though in the section previously and following I am told I can reopen or reconsider. The terminology and grammar used is extremely confusing.

 

If anyone has been in this situation before I would appreciate any advice.

 

Steps we are going through: Talking to a lawyer, calling USCIS Monday asap, Info pass perhaps?

 

Thanks and I apologize if this is in the incorrect forum.

 

Daniel

[little immigrant 800]

What does you're case history say when you go online? Was there an interview scheduled and you missed it? As soon as it said your interview was scheduled why didn't you contact USCIS about the non receipt of the interview letter? 

[TNJ17 1,329]

You need to find out the reason why it was denied. K1 visa holders usually don’t require interviews for AOS. You must have filed something wrong or they needed more evidence and because of your move the letter got lost. Unfortunately this happens and moving while going through immigration stuff is a pain because you always end up missing something in the mail. Call USCIS and ask to speak to a tier 2 officer and get information about the denial. I think you may be able to ask them to send you the letter with the denial reason. Good luck. 

[Daniel Littleton 2]

@littleimmigrant We didnt check the notive, I did check a seperate recipet number but not the I485 one. Having just checked there was a note on there but it was only the middle of January. Definately a slip up on my behalf, but in all honesty we have never needed to check as mail and communication has always been fine

[Daniel Littleton 2]

@TNJ17 we recieved this mail fine, also they had the correct address. The time between the letters is less than 1 month. Every application needs to have the marriahge interview in order to make sure it is a legitimate marriage, Ive not seen any exception to this, it is literally because we missed that interview.

[Daniel Littleton 2]

9 minutes ago, TNJ17 said:

You need to find out the reason why it was denied. K1 visa holders usually don’t require interviews for AOS. You must have filed something wrong or they needed more evidence and because of your move the letter got lost. Unfortunately this happens and moving while going through immigration stuff is a pain because you always end up missing something in the mail. Call USCIS and ask to speak to a tier 2 officer and get information about the denial. I think you may be able to ask them to send you the letter with the denial reason. Good luck. 

It is literally because we missed the interview. It says that in the letter itself

[Cyberfx1024 7,978]

8 minutes ago, TNJ17 said:

You need to find out the reason why it was denied. K1 visa holders usually don’t require interviews for AOS. You must have filed something wrong or they needed more evidence and because of your move the letter got lost. Unfortunately this happens and moving while going through immigration stuff is a pain because you always end up missing something in the mail. Call USCIS and ask to speak to a tier 2 officer and get information about the denial. I think you may be able to ask them to send you the letter with the denial reason. Good luck. 

I don't know if the OP came on a K1 visa due to no timeline. 

[Daniel Littleton 2]

11 minutes ago, little immigrant said:

What does you're case history say when you go online? Was there an interview scheduled and you missed it? As soon as it said your interview was scheduled why didn't you contact USCIS about the non receipt of the interview letter? 

We didnt check the notive, I did check a seperate recipet number but not the I485 one. Having just checked there was a note on there but it was only the middle of January. Definately a slip up on my behalf, but in all honesty we have never needed to check as mail and communication has always been fine

[Cyberfx1024 7,978]

33 minutes ago, Daniel Littleton said:

We didnt check the notive, I did check a seperate recipet number but not the I485 one. Having just checked there was a note on there but it was only the middle of January. Definately a slip up on my behalf, but in all honesty we have never needed to check as mail and communication has always been fine

Did you come on a k1 visa.

[Daniel Littleton 2]

9 minutes ago, cyberfx1024 said:

Did you come on a k1 visa.

I did indeed. But that of course by now is up. Its been a year since I came into the country, just over and the I485 has been in process that long. In feb early i was meant to have received this letter

[Slim213 11]

I understand your issue and went through the same.I moved to a new address in August,changed address two weeks prior to my move and got a confirmation letter.Made several service request why my case is delayed not knowing the interview letter was sent to the old address yet uscis kept sending me responses to the new address saying they will respond in 60days.Waited but didn’t get a response so I decided to contact my senator.That was when it was found out we missed our interview in aug.Our new interview is rescheduled for tomorrow the 26th.P.S the recent interview notice was still sent to the old address but was forwarded by usps this time around.Goodluck 

[NikLR 13,220]

~~moved from US Citizenship discussion to AOS from K1 progress reports~~

[Dutchster 1,106]

Your K-1 is expired as soon as you use it to enter the US. You were in legal status based on your I-94, not your K-1 visa. The NOA1 of your I-485 was your new proof of granted stay when your I-94 expired after 90 days.

Your EAD is invalid now that your AOS is denied which means you currently have no authorization to work in the United States. 

[Daniel Littleton 2]

34 minutes ago, Dutchster said:

Your K-1 is expired as soon as you use it to enter the US. You were in legal status based on your I-94, not your K-1 visa. The NOA1 of your I-485 was your new proof of granted stay when your I-94 expired after 90 days.

Your EAD is invalid now that your AOS is denied which means you currently have no authorization to work in the United States. 

Thanks Dutchster!

[Daniel Littleton 2]

49 minutes ago, Slim213 said:

I understand your issue and went through the same.I moved to a new address in August,changed address two weeks prior to my move and got a confirmation letter.Made several service request why my case is delayed not knowing the interview letter was sent to the old address yet uscis kept sending me responses to the new address saying they will respond in 60days.Waited but didn’t get a response so I decided to contact my senator.That was when it was found out we missed our interview in aug.Our new interview is rescheduled for tomorrow the 26th.P.S the recent interview notice was still sent to the old address but was forwarded by usps this time around.Goodluck 

Oh wow good luck for your interview! So you were denied your AOS? If you were, did you appeal or motion to re open etc? Did the Senator enquire for yourselves?

 

Thanks in advance!