I 485 Denied HELP

[voh62901 1]

Hi Guys I really need help here. Let me explain my situation.

I got married in May and my spouse is a USC. So i submitted all the forms etc.

I got all my case tracking numbers and soon got my EAD and AP and all seemed to be going good till now.

My AOS got denied and still waiting on the reason why it was (I got a letter for Interview but had to reschedule as my spouse was going to be out of town for work). the I 130 is still in process and no decision has been taken.

Q1. SO my question is that after I get that should I reapply, or should I fill in the form and reopen this case.

Q2. I have been reading that some have sugested to reopen while some say to just file a new I 485. If I file a new one do I also need to file for EAD (765) again?

Q3. I am working as of now, so what happens to my EAD? (Some said it gets revoked but does it even if I send in more information along with the form to reopen my case)

Q4. Like I said above, I did get the letter for Interview but had to reschedule as my spouse was going to be out of town for work. Could this be a reason, which I suspect it is a MAJOR REASON, what do you think?

Pls help me here, I am so confused and not sure what steps to take.

Feel free to talk about your situation if you have been in a little similar one.

Any help and advice would be appreciated.

Thanks

[Darnell 8,478]

If the AOS was denied because you MISSED the appointment, that's a big deal.

If that's the case, call into USCIS, get an ISO (see http://www.dhs.gov/xabout/structure/gc_1221837986181.shtm#5 )

explain the scheduling problem, beg for mercy, beg for new interview.

*** moving to 'Adjustment of Status from Work, Student, & Tourist Visas' forum, was no K1/K3 visa prior ***

Edited October 8, 2010 by Darnell

[moroccogirlny 100]

I would say they denied it because you missed the 1st interview. Did you reschedule it over the phone? Make a infopass appointment ASAP!

[voh62901 1]

I would say they denied it because you missed the 1st interview. Did you reschedule it over the phone? Make a infopass appointment ASAP!

Thanks for the reply guys....

I did call them well before the date and spoke to them. They also sent me a communication letter saying that they have received my request for rescheduling my interview and the request will be sent to my local office. The letter also stated that the local office will send me a communication letter stating their decision for the rescuduling.

When I got that letter I thought alls good and they will reschedule, however I never got any letter and next thing I know is that I ge to to know that it has been denied.

Now what do you guys suggest I do?

I thought of waiting for the denial letter and then set up an Infopass appointment, again depending on what the letter says.

[Kathryn41 3,205]

It does sound like you were denied because you missed the interview. Until you actually get a hard copy letter in your hand giving you the date and time of the new interview you need to continue as if the first interview is still scheduled. It is almost impossible to re-schedule an AOS interview - the local offices review the requests but in many cases USCIS expects the applicant to change their plans rather than reschedule theirs - even if people are out of the country. Since you had not received a decision, then you did need to attend the first interview.

As others have suggested, you need to contact USCIS asap - follow the link provided by Darnell, make an infopass at your local office - and explain what happened. Beg, plead, whatever it takes - even use the services of your Congressman - to get the application re-opened and a new interview date set. You may not be successful. If that is the case, then you will have to re-apply for the AOS and go through the whole process again. In the meantime, it is important that you not leave the US and your husband needs to make whatever arrangements are necessary in order to make this interview.

Good luck.

[JimVaPhuong 4,863]

I agree with the others. Do everything you can to get a new interview scheduled. If that fails, then you should file a motion to have the case reopened, but do this BEFORE the 30 day window expires.

What kind of visa did you enter with? If VWP, then the above will be your ONLY two options. You will not be able to refile.

[voh62901 1]

Thanks fr all your reply guys.

I know it was our mistake to reschedule, but whats done is done.

Once i get the denial letter, should i reopen my case or file a now AoS, what do you guys think?

As of now im on h1 and hav been in the country fr over 10 yrs, earlier was on f1.

Thanks fr all the advice guys.

[Darnell 8,478]

yer gonna wait for a letter?

is your phone broken?

please review my posts here.

IMO, when the letter arrives - it's too late to 'fix it for free'.

Good Luck !

[Done--Really 331]

Amen Darnell--waiting never solves anything, particularly when it comes to immigration. Get on the phone--now--well, first thing Monday.

[Darnell 8,478]

eh - or Tuesday - I'm guessing USCIS closed on Monday for the Columbus Day Holiday?!?!

[Done--Really 331]

Probably so ...........

[voh62901 1]

Thanks again guys.

The best is to call them but Im going to schedule an infopass to talk to them.

I got the letter saying that the reason denied was coz I missed the interview, like most of you guys suggested.

They did add that I dint contact them or give them a reason etc. This is wrong as I have two letters from USCIS saying that I have requested for the reschedule and it will be handled by the local office. So will be taking these two letters as proof that I did what I could to let them know and have the interview reschedule.

Im going to set something up and also call them and talk to them, lets see what happens or what they say

[voh62901 1]

Hey guys,

So I set an infopass and spoke to them today and the lady made copies of the confirmation letters for rescheduling interviews.

She said they will review my case and give me either a new interview date or an update in 30 days.

I think the main reason it was denied was coz my local office dint get any notice of rescheduling interview.

Anyone have any experience or advice on this and do you think its a good sign??

Pls let me know what you guys think.

Thanks

[Kathryn41 3,205]

Hey guys,

So I set an infopass and spoke to them today and the lady made copies of the confirmation letters for rescheduling interviews.

She said they will review my case and give me either a new interview date or an update in 30 days.

I think the main reason it was denied was coz my local office dint get any notice of rescheduling interview.

Anyone have any experience or advice on this and do you think its a good sign??

Pls let me know what you guys think.

Thanks

That's a good sign. I suspect you will receive a notice for a second interview and things will proceed from there. Good luck!

[hellomms 16]

Hey guys,

So I set an infopass and spoke to them today and the lady made copies of the confirmation letters for rescheduling interviews.

She said they will review my case and give me either a new interview date or an update in 30 days.

I think the main reason it was denied was coz my local office dint get any notice of rescheduling interview.

Anyone have any experience or advice on this and do you think its a good sign??

Pls let me know what you guys think.

Thanks

Good luck to you, any updates from the local office?