AOS denied... please help!

[Hilarious Clinton 452]

The thing that angers me so much is that WE didn't screw up... The doctor's office that USCIS told us to go to screwed up. I'm seriously considering a lawyer at this point based on some other stuff that I've read.... problem is, I'll have to beg, borrow the money to get one at this point since J is no longer allowed to work.

Really!!!! You do what you are supposed to do and this happens. #######? I actually saw that our doctor filled ours wrong too and I caught them. He did it again and said "I might as well do it right". Gee thanks.

[Anastasia 1]

My AOS was denied too, we sent in a vaccination supplement for our RFE instead of the whole medical, because we've been adviced to do so by the immigration help line... and apparently it wasn't a good advice.

We decided to refile AOS from the start, instead of trying to reopen the case, but I made a research on how to reopen a case (motion to reopen) in the meanwhile before we decided on what to do. Hope it helps you:

Motion to Reopen

The motion can be in letter form, since there is no form for filing a motion to reopen. The requirements for the reopen letter are:

A ) In writing and signed by the affected party or the attorney or representative of record, if any;

B ) accompanied by the fee ($385),

C ) Accompanied by a statement about whether or not the validity of the unfavorable decision has been or is the subject of any judicial proceeding and, if so, the court, nature, date, and status or result of the proceeding; (i.e., that is has not been the subject of any judicial proceeding in your case)

D ) Addressed to the official having jurisdiction; (the one who signed the denial letter)

E ) Submitted to the office maintaining the record upon which the unfavorable decision was made for forwarding to the official having jurisdiction. (Although I heard that whatever has a fee attached to it has to go through Chicago Lockbox first, they would take the money and issue a NOA, then forward the case to the right office whoever made the decision about your denial. So I think you would have to send it to "..the office who decided on denial.., c/o Chicago Lockbox" to the Chicago address, but I cannot tell for sure).

Along with a letter outlining why your case should be reopened, submit a notarized affidavit describing what happened. To be successful, you must prove that there are new facts to be provided in the reopened proceeding and that claim must be supported by affidavits or other documentary evidence.

There are some people who successfully reopened their case at http://britishexpats.com/forum in the US Marriage Based Visas, you can search "aos denial" in there and find some information.

Good luck!

Edited February 10, 2006 by Anastasia

[faith 0]

i'm going to sue the pants off the doctor's office if we have to pay another fee for this case. That with the lost wages would be the straw that broke the camel's back. THEY screwed up, not us.

Johnny just dropped me off and left to go to the doctor and then USCIS. He'll call me when he leaves the doctor's office and then again when he leaves USCIS and let me know what happened.

I'm going to call him in a minute and reiterate how important it is for him to demand some sort of admission of wrongdoing from the doctor.

[almaty 19]

wow faith, just wrong,. st louis gave juliya hell to...what is up with those people?

[faith 0]

i don't know, i really don't. I'm sitting on pins and needles right now waiting to see what happens with my hubby today.

I called my ex husband and vented to him a little bit.. he was like "holy #######, that's crazy... you better raise some hell." And that's what I feel like right now.... I was so upset and defeated last night.... but now I've moved into the anger stage.

[diadromous mermaid 36]

FYI: Faith, I noticed in your post that you hd drafted a letter and headed it Motion to Reconsider. Letter should be entitled "Motion to Reopen" if you wish to add evidence, such as a corrected doctor's form.

Motion to Reconsider would be used if you wish USCIS to look at the medical form already submitted and review their decision.

Good luck!

[Yodrak 7]

faith,

You may not need an ace, possibly a ten or even a duece will do, but a joker will not cut it.

Stick to the other plans that you have outlined and don't cloud the important issues with irrelevant ones.

Yodrak

...

I hate to play that "i'm pregnant (whine) " card... but if I have to I will. It won't hurt that I'm very obviously pregnant when it comes to getting people to at least feel sorry for us.

...

[UmmSqueakster 54]

While I can't offer any useful advice, I'm sending positive vibes your way Also, I volunteer to come down there and give the dr a few good kicks in the shins.

Stupid USCIS, it's obvious it's the dr's fault

[Mand 1]

i'm going to sue the pants off the doctor's office if we have to pay another fee for this case. That with the lost wages would be the straw that broke the camel's back. THEY screwed up, not us.

That is definately your saving grace in this complete fiasco! The Doctor is the one at fault...this is absolutely outrageous

[faith 0]

well he's at the doctor's office right now. and surprise surprise, they refuse to admit guilt... they actually said "you can't prove it that you showed us the letter from USCIS" He's still there waiting to talk to an administrator (which all are in a meeting right now.... doesn't that sound just right?) and then if he doesn't get answers I am going to call. I honestly feel right now that this doctor's office is trying to take advantage of someone who they feel "doesn't know any better". They actually told him, well, pay us $110 and we'll let you see a doctor and fill out a new form, but we won't admit we were wrong.

[almaty 19]

well he's at the doctor's office right now. and surprise surprise, they refuse to admit guilt... they actually said "you can't prove it that you showed us the letter from USCIS" He's still there waiting to talk to an administrator (which all are in a meeting right now.... doesn't that sound just right?) and then if he doesn't get answers I am going to call. I honestly feel right now that this doctor's office is trying to take advantage of someone who they feel "doesn't know any better". They actually told him, well, pay us $110 and we'll let you see a doctor and fill out a new form, but we won't admit we were wrong.

those ###### chopf##ks/...........

[Euro 3]

Faith...

You have no idea how sorry I am.... but I also know it doesn't help

I agree 1000% - it's the doctor's fault, he would better fix.

Good luck.

Ana

Jaylen,

it was Anastasia...

we have very similar nicks and write in similar threads, so it might be confusing.

I didn't have any problems... I am Anastassia with 2 s.

Regards,

Ana

Oops sorry hun - color me confused

here's the http://www.visajourney.com/forums/index.ph...................

[buddhist_virgo 0]

Faith, I'm also sorry to hear what happened to you and what you are going through. I share your anger at the civil surgeon who signed a wrong form, the USCIS officer's judgement that it was your fault, and whoever at the civil surgeon's office that is making an irrelevant point just to avoid his/her responsibility. I'm praying with others to support you and for things to be straighten out for you as soon as possible.

[Jaylen Brit 0]

The doctors are probably not going to admit it, that they did the wrong thing, if it opens them to being sued by you... This is the sad case today about people running scared of law suits. No-one admits liability.

I hope that ISN'T the case with you - or that USCIS just take the new paperwork and re-do your file.

Good luck Faith

[luv2teach77 41]

Faith,

I just PM'd you the contact details of the USCIS liason in Governor Shimkus's office who was an invaluable help regarding my EAD issues. I'd assume as you live pretty close to me that she would be in a position to look into your case like she looked into mine.

I strongly suggest that you call her ASAP to see if she has any suggestions or advice on what you should be doing. She was VERY knowledgable about the entire process and was often able to get me answers the same day.

Really sorry to hear that you have run into the problem. Hope you can get it sorted quickly.

Mark