Application denied

[buster2209 2]

Am I understanding right that they are making you resubmit everything because you were missing 2 pages? Wouldn't you just be able to send in the missing pages with your RFE? I'm sorry to hear that this is happening. It seems ridiculous to have to pay all over again!

You are correct..... on BOTH counts!

As I explained, we took the 'incomplete I-485' meaning there was no I-693. I will scan the RFE in and you can see how we came to that conclusion.

According to the letter they sent stating we had been denied, we were denied due to 8 C.F.R 103.2('b')(11) which states that all evidence submitted in response to an RFE be submitted AT THE SAME TIME. A decision will be made on what forms they have.

They had to deny me because we missed out pages 2 and 3 on the I-485 form and we can't submit them later on as the deadline they gave in the RFE has passed.

The letter further states that my Work Authorisation Document has been revoked and that I can't appeal against the denial of the green card decision.

My father in law thinks it BS too and is seeing what he can do to sort it out. He knows some influential people but I think that my wife and I might just have to cough up (again) to Uncle Sam and re-submit. This means I have to get my biometrics done again.......etc........

It's pretty ridiculous!

Edited January 21, 2010 by buster2209

[buster2209 2]

Here is the pertinent page from the RFE that my wife and I got confused with;

Edited January 21, 2010 by buster2209

[Gary and Alla 3,694]

Here goes, let me explain this as succinctly as I can;

After submitting the green card application (I-485), I got an RFE a few months later stating "There is no record of a complete medical exam in your file. Please submit a properly completed form I-693".

I called the USCIS 1-800 number and explained to them that;

1. We didn't have to file an I-693 because;
   a - I entered the country on a fiancé visa
   b - The medical I took in my home country to gain the fiancé visa is less than a year old.
   
2. Within the original green card application, I submitted the receipt I received from my medical exam as proof I had a medical done less than one year before we applied for the green card.
   
3. I HAD to have a medical in order to receive a K-1 visa! It's MANDATORY!!!!!!!
   

I was then advised to send a letter to the USCIS explaining this which I promptly did INCLUDING attaching a copy of my medical receipt and vaccination form AND the relevant pages from the instructions on filling these forms in that stated I didn't have to submit an I-693.

I then received a letter today saying that I failed to submit the evidence required (the I-693) by the deadline stated and my application has been denied. It states there is no appeal allowed against this decision and my work visa is terminated from the date of this letter.

The letter also states that if I can fill in a form to re-open the case........... wait for it ............ for a fee of $585!!! I will then probably have to shell out another $xxx to get a medical the law states I don't require.

Needless to say, my wife and I have made an appointment at the local USCIS office tomorrow to try and rectify this but don't have high hopes that this will solve the situation.

After that, it's down to the local Congressman's office. It is the last avenue we have before we have to shell out more money to get the case re-opened. According to what I have read on this forum, it appears there has been some success with contacting your Congressman. We are hoping because it is an election year, and he's a democrat looking for re-election, he will use his clout to sort this.

The utter ineptitude and lack of professionalism of the USCIS is simply astounding.

I am posting this to ask for any advice people may have and I will also post any outcome that occurs with the intention it may help somebody else down the road who runs into the same problem.

Your best bet is to skip the appeal and simply file a new AOS for $1010. Get a new medical exam (no one doubts you HAD one, they have no record of it and therefore you need a new one)

If ANYone on this process loses something or makes a mistake it is YOUR problem. Filing the $585 to re-open the case will probably not matter as there is no "new evidence" to justify re-opening the case. They will reject the request and keep the $585. File a new AOS for $1010 before the date she needs to leave.

Follow RFE instructions. Whoever advised you otherwise was wrong. If an RFE says you need to do something, you need to do it.

[TracyTN 237]

We can't file to re-open the case (form 290B - $585) as we will probably lose that as our I-485 form was incomplete.

We are annoyed we got bad advice from the USCIS 1-800 number and that we were sloppy with our I-485 form.

The 800 MISinformation line is notoriously that - I hate that you hadn't gleaned that from posts here prior to taking their advice.

Your best bet is to skip the appeal and simply file a new AOS for $1010. Get a new medical exam (no one doubts you HAD one, they have no record of it and therefore you need a new one)

If ANYone on this process loses something or makes a mistake it is YOUR problem. Filing the $585 to re-open the case will probably not matter as there is no "new evidence" to justify re-opening the case. They will reject the request and keep the $585. File a new AOS for $1010 before the date she needs to leave.

Follow RFE instructions. Whoever advised you otherwise was wrong. If an RFE says you need to do something, you need to do it.

Agreed - its heartless and it sucks, but it is what it is. Your father in law knowing 'influential' people in is really pointless. If they made an exception for you, then they'd have to for everyone and I just don't see that happening. We all have to play by the same rules in this system, I'm afraid.

[Nik+Heather 121]

UGH, how frustrating! We feel for you two

Hope Try 2 goes more smoothly.

[Eric-Pris 1,602]

Am I understanding right that they are making you resubmit everything because you were missing 2 pages? Wouldn't you just be able to send in the missing pages with your RFE? I'm sorry to hear that this is happening. It seems ridiculous to have to pay all over again!

They had their chance to send in the missing pages, but they messed that up.

That mistake is going to cost them $1010. Not a cheap lesson, but a lesson learned I'm sure.

[John and Camie 39]

What a mess. I feel for you and your wife, Buster.

I hope your second attempt is successful and trouble-free. I'm just WAITING to hear that our medical got "lost" - I would not be surprised in the least, even though we did the whole I-693 civil surgeon yada-yada thing. I've already started to put money aside for a new medical, no joke.

[buster2209 2]

Just wanted to add an update;

My wife and I went to see the Congressman and explained our predicament. He said he would do his best to sort it out as re-filing was ridiculous.

Two weeks after seeing him, one of his aides contacted us saying that she had spoken to the Director at the USCIS California centre and they accepted blame for the RFE being confusing and agreed to re-open the case free of charge.

We got a letter today which is the EXACT same as the original RFE (see post #17) but has a new due date; 5 weeks from now.

We are going to see the Congressman's aide tomorrow about what to do about the request for the I-693 as my medical is only 9 months old.

The USCIS wont accept responsibility for it being lost so I may have to get another done.

I will keep you all informed via this thread as to the outcome.

Edited February 16, 2010 by buster2209

[Nik+Heather 121]

Well, that's one hurdle overcome. Glad you got in touch with a rep (or their office) who is competent at working this sort of thing.

Sorry you're STILL having I693 issues.

[buster2209 2]

Well, that's one hurdle overcome. Glad you got in touch with a rep (or their office) who is competent at working this sort of thing.

Yeah, it's an election year......

Sorry you're STILL having I693 issues.

I'll speak to the Congressman's aide tomorrow and she what she suggests. I'm wondering if I can contact the place in London I had my initial medical and get them to my e-mail my results.

The whole 'lost medical' is a systematic failure in the system and not just a random occurrence that needs to be addressed.

Either way, I'll let everybody know.

[VanessaTony 3,567]

Yeah, it's an election year......

I'll speak to the Congressman's aide tomorrow and she what she suggests. I'm wondering if I can contact the place in London I had my initial medical and get them to my e-mail my results.

The whole 'lost medical' is a systematic failure in the system and not just a random occurrence that needs to be addressed.

Either way, I'll let everybody know.

that's the first thing I would suggest doing. Ask them to put it in an envelope and express post it to you. Or have a family member collect it to express it to you. You don't want another RFE because it's not an original (i.e. original stamp).

Best of luck. Happy to read you didn't have to pay the fee.

[John and Camie 39]

Awesome update. I am never amazed at the ability of VJers to overcome some of the obstacles that get thrown in our paths by the powers-that-be.

Edited February 16, 2010 by John and Camie

[buster2209 2]

Another quick update;

I managed to go see the Congressman's aide today who is dealing with my case.

I gave her the new RFE I received (which is the same as the last one except has a new due date) and asked her about what to do with the I-693.

I explained to her I have the DS-3025, the receipt for the medical, and a copy of my chest x-ray. The receipt and DS-3025 I have sent to the USCIS twice....

She is now aware of the new due date and is going to contact the director at the USCIS California branch about clearing this up. I suggested that the USCIS could just ring the place I had my medical at and get another copy. I would have rung them but I don't think they would release the results to me.

I'll update this thread as things progress.

Edited February 17, 2010 by buster2209

[Nik+Heather 121]

Buster, I just wanted to say good on you for fighting this and making them get it right when they make an error. Sometimes I feel so frustrated seeing people in VJ just rolling over.

[buster2209 2]

Buster, I just wanted to say good on you for fighting this and making them get it right when they make an error. Sometimes I feel so frustrated seeing people in VJ just rolling over.

I figure I have the work permit (which is the important thing) and there not going to boot me out of the country so why not get a decent resolution?

I'm not even asking for special treatment, I just want them to follow their damn rules that my wife and I have jumped hoops through to abide by.

Edited February 18, 2010 by buster2209