Lost petition found and delivered. Problem

[Gosia & Tito 199]

The thing is that the fee has been collected and the reason for rejection is that it has apparently been returned. But it hasn't.

Cheers

I'm taking your reply means that USCIS is returning your petition (though not back in your hands yet) after rejecting it??

What is the specific reason for the rejection -if you know it-?

Before even thinking of filing again, I would say to first clear this up. Others have recommended to wait a few weeks to get things sorted out and I'd second that, but while that happens, perhaps you might want to try an Infopass to get some clarifications and answers and if the advice you get is to file, then get it in writing.

Good luck

[andrea y arturo 14]

I would call and talk to a live human being and try to sort this out. You should not have been so quick to file a second petition... but maybe you had your reasons. Call.

[jkb11 26]

Okay. To be perfectly clear. I opened my mailbox today and took out two envelopes from USCIS. In these envelopes I got two forms (one each), which looked like this. They were identical in content (except for the receipt number and date):

One of them rejected is perfectly fine. But the other one has been processed, the payment cleared (check cahsed), I have received no invoice for this application, no NOA regarding suspension, and yet I have received this notice. The sole reason for rejecting is stated as above. So, the fee has been paid and the application has been rejected because it has, apparently, not been paid for.

How would one go about refiling this and requesting expedite due to USCIS error?

Cheers!

[TBoneTX 43,058]

Set an InfoPass appointment ASAP, and take both letters with you.

[jkb11 26]

I'm taking your reply means that USCIS is returning your petition (though not back in your hands yet) after rejecting it??

What is the specific reason for the rejection -if you know it-?

Before even thinking of filing again, I would say to first clear this up. Others have recommended to wait a few weeks to get things sorted out and I'd second that, but while that happens, perhaps you might want to try an Infopass to get some clarifications and answers and if the advice you get is to file, then get it in writing.

Good luck

I replied in the other thread, but just to follow it up here:

Okay. To be perfectly clear. I opened my mailbox today and took out two envelopes from USCIS. In these envelopes I got two forms (one each), which looked like this. They were identical in content (except for the receipt number and date):

The actual image can be found in this post:

http://www.visajourney.com/forums/topic/350304-lost-petition-found-and-delivered-problem/page__view__findpost__p__5198236

One of them rejected is perfectly fine. But the other one has been processed, the payment cleared (check cahsed), I have received no invoice for this application, no NOA regarding suspension, and yet I have received this notice. The sole reason for rejecting is stated as above. So, the fee has been paid and the application has been rejected because it has, apparently, not been paid for.

How would one go about refiling this and requesting expedite due to USCIS error?

A friendly note to moderators: I'm sorry for posting the same thing in two separate threads, bear with me please . I hope I get some stuff clarified soon and then the topic will be merged/closed. Thanks

[EAbbas 213]

our first petition was rejected due to a printing error on the forms.. it didn't print the bottom bar code and i didn't catch it so they rejected it and sent my check back without cashing as well as the entire packet i sent in. Are you sure it was rejected and not denied?

I then filed right away and got the noa1 receipt within a week.

Yes definitely call... I called and they told me what happened with my petition, I did have to speak with a tier 2 to get the information but i was able to get the information.

Edited March 4, 2012 by EAbbas

[Hank_ 9,173]

The actual point being, why start another posting on the same EXACT topic?

[Laure&Colin 280]

Not much you can do but call them.

Edited March 4, 2012 by Laure&Colin

[Hank_ 9,173]

Do you mean rejected, or denied? Cause if they were denied then no, they won't send you your money back.

You pay a fee that allows your petition to be processed, there's no guarantee that the outcome will be an approval.

What does the NOA exactly say, can you quote the exact words?

Naaaaaaaaaaaaaaaaa it was rejected, he posted a picture of the 797 in the other thread he has going on this same topic..

[Krikit 1,163]

Threads on same topic have been merged and moved into the Process section from Progress.

[jkb11 26]

The actual point being, why start another posting on the same EXACT topic?

Because the other thread was in the process progress reporting section, which is in my opinion less likely to encounter answers. That's why I started a new topic in the Process & Procedures section, hoping to find answers to this particular problem. I apologized at the very beginning for opening a second topic on the same subject.

Cheers.

[Gosia & Tito 199]

Okay. To be perfectly clear. I opened my mailbox today and took out two envelopes from USCIS. In these envelopes I got two forms (one each), which looked like this. They were identical in content (except for the receipt number and date):

One of them rejected is perfectly fine. But the other one has been processed, the payment cleared (check cahsed), I have received no invoice for this application, no NOA regarding suspension, and yet I have received this notice. The sole reason for rejecting is stated as above. So, the fee has been paid and the application has been rejected because it has, apparently, not been paid for.

How would one go about refiling this and requesting expedite due to USCIS error?

Cheers!

It seems that the no payment they are referring to is the original one, as they noted that invoice was not paid within 14 days.

This is my interpretation of what USCIS is saying/doing (and yes, it's going to look very twisted but you are dealing with USCIS here): your cashed check (for 2nd petition) was applied to 1st petition, which they had already rejected and all they wanted was payment, even after rejection; then your 2nd petition is now unpaid, thus rejected again for lack of payment (which you still owe; and I suspect a 3rd petition will repeat the cycle.)

I'd start with an Infopass asap to clear all this up.

[Hank_ 9,173]

Because the other thread was in the process progress reporting section, which is in my opinion less likely to encounter answers. That's why I started a new topic in the Process & Procedures section, hoping to find answers to this particular problem. I apologized at the very beginning for opening a second topic on the same subject.

Cheers.

Fixored...... you be merged.

[jkb11 26]

It seems that the no payment they are referring to is the original one, as they noted that invoice was not paid within 14 days.

This is my interpretation of what USCIS is saying/doing (and yes, it's going to look very twisted but you are dealing with USCIS here): your cashed check (for 2nd petition) was applied to 1st petition, which they had already rejected and all they wanted was payment, even after rejection; then your 2nd petition is now unpaid, thus rejected again for lack of payment (which you still owe; and I suspect a 3rd petition will repeat the cycle.)

I'd start with an Infopass asap to clear all this up.

It is possible, but then, why haven't I been issued an invoice or anything related for my second petition? So weird.

Anyway, yes, I believe an Infopass appointment will be in order.

Cheers.

[jkb11 26]

Called USCIS today, got transferred to Tier 2. She confirmed both applications have been rejected. She suggested that when we receive the petition back, we refile it without the fee and instead attach a proof of having already paid for the petition. I think this is a bit sketchy - will this even be processed?

We have an infopass appointment on thursday.

Cheers.

Edited March 5, 2012 by jkb11