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Filed: K-1 Visa Country: France
Timeline
Posted

Hi,

Here is my awkward moment and I would like to know your gut feeling about this:

->February 28th I filed for AOS (K1)

->March 7th, USCIS sent a request for initial evidence (they were asking for evidences that were ALREADY in the file but to avoid a battle for nothing, I resubmitted)The letter was saying that all the process was on hold until they receive the evidence. The EA and the AP process will resume as soon as the evidence will be received.

->March 16th I resubmitted my evidence AND my son's AOS (he arrived in USA later than I did due to high school attendance in France)

->May I received my EA+AP. I assumed it was meaning that they did receive my evidence and found them OK.

->June, my son received his EA+AP also. Another reason to think everything is in order.

->June, without any trace of any appointment I started to call USCIS. 5 times I have been told to wait until the "normal timeline for this office" was passed (4 months)

->July, another call I am being told to wait another 30 days

->August I insist and file a ticket with the customer service

->September infopass appointment and here is the conversation:

- Oh I can see that an officer will pull your file and send you a rejection notice on thursday (today) because you did not submit the requested documents

- Huh I guess there is going to be a problem because I actually sent them WITH my son's AOS (separately but in the same UPS envelope) and I have a proof of delivery...Besides I have my EA-AP card wich means that you did receive the document and you did process the application...

-Well, let me call them to see what is going on...

After a conversation on the phone, the officer came back

-You have made a mistake you should have sent that to Missouri! So your evidence more likely ended up in a shredder.

-Problem is I am requested to file in Illinois (Chicago box)not in Missouri AND you have processed the documents, otherwise I would not have my Work permit in hand!

-The work permit is a mistake of ours, you should not have that document(!)You have to acknowledge that it is your fault and the supervisor I have called, considering that your husband is in the armed forces, said that she would make you a favor by sending an email to the officer that is in charge of refusing your AOS asking him to review your case with the evidence and a letter of apologies you are going to make and send immediately... (OK so now I have to apologize for sending TWICE the same documents, and to have diligently followed up my case and have been told to wait? Huhhhhhh!?)

-Well in that case my son's EA+AP is also a mistake of yours at a 2-month distance from one another?

Then the phone rang again. after a while the Officer came back..

-OK so the Supervisor I talked to, pulled your file and saw that all evidences were there, that there was no reason to put this file on hold and to send you a rejection notice. She said, she will press ahead and have you being scheduled for the first interview available... So please do not send your written apologies, wait a little bit, since the schedule is full for October already, you should be receiving a notice in October for an interview in November...

Well...To be honest, I am NOT confident AT ALL. My gut feeling tells me that this twist is too easy to be true...It kinda smells like "repay the fees" (more than 2000$)

I am wondering if it won't be suitable to probably write a letter saying "On such and such date I have had an appointment with the officer XXXX who called the officer ZZZZ, they told me this, could you confirm that you don't need anything and that I will be scheduled for an interview shortly or if it is not the case, could you tell me what is still missing?"

Any suggestion? Besides, I was due to leave the country for 2 weeks... But with this rejection notice pending it is quite worrying to leave the country even if they did not remove my AP card...

Your impressions?Do you think I should write the letter? Do you think I CAN leave (AP valid until next year)

Thanks.

Agnès

Filed: Citizen (apr) Country: Ireland
Timeline
Posted

***** Moved from Finding Work... to AOS from Family based Visa forum as OP is asking about AOS from a K1 *****

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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Filed: Citizen (apr) Country: Ireland
Timeline
Posted

Oh... Was I on the wrong forum?

Yes; the Finding Work forum is more about resumes and looking for work- you are asking about problems with the AOS process; hopefully people with experience of simialr issues will see your topic in this forum and help you. It's easy to confuse the forums when you first come on the site, nothing to worry about; we moderators are here to help!

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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Filed: Citizen (apr) Country: Australia
Timeline
Posted

If you are denied while you're out of the country you won't be permitted back in on your GC. You may be paroled entry to appeal the decision but that's not a guarantee. I personally wouldn't risk it, but it's up to you.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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