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susanhull

Application denied - please help!

By susanhull in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

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susanhull Newbie

susanhull   0

Posted
Filed: AOS (pnd) Country: United Kingdom
 Timeline
Posted

So, today, sent recorded delivery, I got a notice informing me that my AOS I485 application (through marriage) was denied. Reason - I didn't attend my interview back in June. Now, I never received a letter inviting me for interview. The letter basically says that I cannot appeal this decision, and it seems to say (in lawyer terms) that I have to leave the country immediately?! We are going to see a lawyer first thing on Monday, and naturally we are devastated by this. Can anyone who has had a similar experience please share this with me, or if anyone has any advice please please please reply to this post.

Thanks

A very scared Susan

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Boiler Grand Master

Boiler   43,745

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Happens all the time, you need to file a Motion to Reopen.

All the people who I have seen this happen to have after the hassle been able to continue. Worst case scenario is you file to adjust again.

“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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tomica52 Community Regular

tomica52   0

Posted
Filed: AOS (apr) Country: Serbia
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Posted

Sorry to hear that. Good luck!!

February 1, 2006 - Married in Brooklyn, NY

February 7, 2006 - I-485, I-130, I-131, I-765 Filed

February 18, 2006 - NOA for I-485, I-130, I-131, I-765

March 16, 2006 - Biometrics for I-765, I-485

March 16, 2006 - I-131, I-130 touched

March 18, 2006 - I-765, I-485 touched

March 18, 2006 - RFE for I-485

March 20, 2006 - I-485 touched

March 27, 2006 - RFE sent out

March 31, 2006 - USCIS received the RFE

April 3, 2006 - I-485 touched

April 5, 2006 - I-485 touched

April 6, 2006 - I-485 touched

April 19, 2006 - AP approved

April 24, 2006 - AP received in the mail

April 22, 2006 - EAD touched

April 24, 2006 - EAD approved

April 29, 2006 - EAD received in the mail

May 15, 2006 - Interview letter received

July 12, 2006 - Interview

July 12, 2006 - APPROVED!!!!

August 14, 2006 - Welcome to the US letter and I-130 approval received in the mail

August 15, 2006 - Permanent Resident Card received in the mail

So far so good

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susanhull Newbie

susanhull   0

Posted
Filed: AOS (pnd) Country: United Kingdom
 Timeline
  • Author
Posted
Happens all the time, you need to file a Motion to Reopen.

All the people who I have seen this happen to have after the hassle been able to continue. Worst case scenario is you file to adjust again.

Thanks for all the support. Do you happen to know how long it takes to continue, are we talking months or years?

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Jaylen Brit Experienced

Jaylen Brit   0

Posted
Filed: AOS (pnd) Country: United Kingdom
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Posted

Susan I think months - not years as you are already dealing - I know from the forums that lisa71 and babi both had to file motions to re-open (babi's case was also not received interview letter - http://www.visajourney.com/forums/index.php?showtopic=21904 ) but you will find more info on this in the AOS forum here. Just go back page by page and will you find plenty of stories.

Applied for K1

Met online 2001 - just aquaintances

Sept 2002 - 1st US visit - everything goes perfectly.

Dec 20th - Forms recev'd at CSC

Dec 27th - NOA1 received by snail mail!

Dec 29th - 'Touched'

March 10 2006 - NOA2!

March 23 - recv'd at NVC

March 24 - petition sent to London

April 9th - Pkt 3 rec'd!

May 17th - Pkt 3 signed for at London Embassy

May 24th - Medical

May24th - Pkt 4

June 14th - Interview 10am - APPROVED 1pm!!

June 16th - Visas received in my hot little hands 1pm :)

July 19th - flying to US!

July 27th - Married!! :-)

Aug 7th - Applied for SSN in married name

Aug 9th - SSN received

uk.gif1273.gifusa.gif

3dflagsdotcom_uk_2fawm.gif3dflagsdotcom_usa_2fawm.gif

I'm not a lawyer I just have opinions on everything :)

animated flags from http://3dflags.com

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HuffyTheSlayer Rising Star

HuffyTheSlayer   22

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

Susan, did you enter the country under K1/K3/CR-1/IR-1? Or the Visa Waiver Programme (VWP)?

If you entered under the VWP then you waived all rights to appeal in doing so, if you entered under the other visas then you should be able to appeal. Glad to see you're consulting a lawyer, I'd go see them ASAP.

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ChanelKitten Collaborator

ChanelKitten   0

Posted
Filed: AOS (apr) Country: Canada
 Timeline
Posted

All the best of luck to you in getting this issue resolved!!!

.png

09/24/04: Entered US as CDN visitor

11/20/04: Married in Las Vegas

03/10/06: Filed AOS

03/20/06: NOA 1 / I-130

03/21/06: NOA 1 / I-485

04/03/06: AOS Interview notice...05/11/06

04/05/06: Biometrics

05/11/06: AOS Interview....approved, pending FBI name check

05/12/06: I-130 approved

05/18/06: NOA 2 / I-130 approval

08/15/06: Email: 'Welcome to America' letter mailed (Day 151)!!!!

08/17/06: Email: I-485 approved & GC ordered

08/19/06: 'Welcome to America' letter rec'd

08/22/06: Email: Notice of approval mailed

08/25/06: GC Finally Received!!

05/15/08: Apply to remove conditions

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Peter Miami Experienced

Peter Miami   0

Posted
Filed: AOS (apr) Country: Colombia
 Timeline
Posted

I wish you the very best with this problem. (F)

Good luck,

Peter Miami

Johanna & Peter

Colombia / U.S.A.

I-129F / K-1 Fiancee Visa

08-20-02 - Met Johanna in Armenia, Colombia

10-05-05 - K-1 Sent to TSC

10-14-05 - Received NOA1 by E-Mail (Day 9)

12-22-05 - Reveived NOA2 By E-Mail & Mail (Day 78)

03-03-06 - Interview Date! (Day 149) Approved

03-10-06 - Johanna Arrived

05-27-06 - Married

I-485 / AOS (Did not applied for EAD or AP)

06-05-06 - Sent I-485 application to Chicago via USPS (Day 1)

06-06-06 - AOS Package Delivered at 12:29PM

06-12-06 - Received NOA1 by Mail

06-14-06 - Check Cashed

06-22-06 - Received Appointment Notice for Biometrics

06-26-06 - "Request for Additional Evidence" Online, waiting for letter

06-29-06 - Biometrics Done!

06-30-06 - Received RFE Letter by mail. (Missing Birth Certificate)

07-10-06 - Sent RFE by Express Mail USPS

07-11-06 - RFE Delivered @ 10:54AM Sign by D. Atwell

08-28-06 - AOS Transferred to CSC E-mail & USCIS Website (Day 85)

08-30-06 - Touched #1

08-31-06 - Touched #2

08-31-06 - E-Mail from CRIS & USCIS-CSSO - CSC received AOS Application

09-01-06 - Touched #3

09-01-06 - NOA by Mail Regarding Transfer to CSC

09-05-06 - Touched #4

09-07-06 - Touched #5

09-13-06 - Touched #6

09-15-06 - AOS Approved by Online Status & E-mail

09-21-06 - Received GC and Welcome Letter (Day 109)

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susanhull Newbie

susanhull   0

Posted
Filed: AOS (pnd) Country: United Kingdom
 Timeline
  • Author
Posted
Susan, did you enter the country under K1/K3/CR-1/IR-1? Or the Visa Waiver Programme (VWP)?

If you entered under the VWP then you waived all rights to appeal in doing so, if you entered under the other visas then you should be able to appeal. Glad to see you're consulting a lawyer, I'd go see them ASAP.

Thanks for all the support everyone. In answer to your question, I came in through a fiance visa back in June last year, we have done everything by the book. We went to Garden City today (where the denial came from) and although helpful they can't just reverse the decision and the best they can do is re-open the case. In the meantime, I am not allowed to work anymore (despite fighting so hard to get EAD back in January!) and not sure if I'll have to leave my job or not. Off to see a lawyer tomorrow, so fingers crossed he'll give us some answers.

The sad thing with this whole thing is no lessons can be learned from this by people going through the process, this is something completely out of anyone's control. We did everything right, and I was even on the phone with USCIS a couple of days before the denial letter came enquiring about where my papers were and when I could expect to be getting an interview, and of course they didn't know anything about my case being denied then!

Once I have some answers I'll post again for anyone else in the same horrible situation.

Susan

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susanhull Newbie

susanhull   0

Posted
Filed: AOS (pnd) Country: United Kingdom
 Timeline
  • Author
Posted
Have you changed your address while in the AOS process and notified USCIS about that? If so, they more likely mixed up the addresses. If not and you are still living at the same address, then USCIS is mixed up itself. Wish you the best of luck.

USCIS is definitely completely mixed up. We moved back in January and informed them by mail and phone, and got a confirmation letter back then confirming the address change. We got the denial letter to the correct address, but it seems more than likely that they sent the interview letter either to the old address or never sent it at all. If only they knew how much they affected people's lives they may be a little more careful about processing.....

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