I-130 denied due to stupid USCIS office mistake

[Straycat 3]

We received a denial notice Feb 8, 2014 stating that we abandoned the petition since we did not submit a document they asked for Dec 10, 2013. Now let me explain, on Dec 10th, I get a letter asking for a divorce decree/death certificate to proof that I am not married to an imaginary person. The had my previous married name (first marriage-ended back in 2007) noted to be married to a man that was made from the first and middle name of my current husband (beneficiary) and the last name of my ex husband. I called them the moment I opened the letter and reported the insane error. The say they noted it and I will get a letter in about a week notifying me that they had been made aware of the error. A month passed and I got nothing. I called in and asked again and was told that a typo was noted, but that it had gone on to adjucation already. Then about a month later, we get the letter from the local field office and I'm optimistic until I'm hit with the worst. They say that they have denied us because we abandoned the petition by not submitting the document...I was livid...and that is putting it lightly. I am scheduling to meet with an immigration attorney asap. I am baffled as to how they can choose to ignore the multiple corrections and just push it through anyhow. We started this Dec 2012...I really, really do not want to start over because of their error. Anyone had this happen before or anything similar?

[nightingalejules 678]

We received a denial notice Feb 8, 2014 stating that we abandoned the petition since we did not submit a document they asked for Dec 10, 2013. Now let me explain, on Dec 10th, I get a letter asking for a divorce decree/death certificate to proof that I am not married to an imaginary person. The had my previous married name (first marriage-ended back in 2007) noted to be married to a man that was made from the first and middle name of my current husband (beneficiary) and the last name of my ex husband. I called them the moment I opened the letter and reported the insane error. The say they noted it and I will get a letter in about a week notifying me that they had been made aware of the error. A month passed and I got nothing. I called in and asked again and was told that a typo was noted, but that it had gone on to adjucation already. Then about a month later, we get the letter from the local field office and I'm optimistic until I'm hit with the worst. They say that they have denied us because we abandoned the petition by not submitting the document...I was livid...and that is putting it lightly. I am scheduling to meet with an immigration attorney asap. I am baffled as to how they can choose to ignore the multiple corrections and just push it through anyhow. We started this Dec 2012...I really, really do not want to start over because of their error. Anyone had this happen before or anything similar?

I assume that you sent (another copy of) your divorce decree in addition to just informing them of the typo, in response to the RFE, right?

I hope they'll just reopen your case. Sorry this happened to you.

[Boggy1974 124]

We received a denial notice Feb 8, 2014 stating that we abandoned the petition since we did not submit a document they asked for Dec 10, 2013. Now let me explain, on Dec 10th, I get a letter asking for a divorce decree/death certificate to proof that I am not married to an imaginary person. The had my previous married name (first marriage-ended back in 2007) noted to be married to a man that was made from the first and middle name of my current husband (beneficiary) and the last name of my ex husband. I called them the moment I opened the letter and reported the insane error. The say they noted it and I will get a letter in about a week notifying me that they had been made aware of the error. A month passed and I got nothing. I called in and asked again and was told that a typo was noted, but that it had gone on to adjucation already. Then about a month later, we get the letter from the local field office and I'm optimistic until I'm hit with the worst. They say that they have denied us because we abandoned the petition by not submitting the document...I was livid...and that is putting it lightly. I am scheduling to meet with an immigration attorney asap. I am baffled as to how they can choose to ignore the multiple corrections and just push it through anyhow. We started this Dec 2012...I really, really do not want to start over because of their error. Anyone had this happen before or anything similar?

Make an info pass and bring ALL your evidence in person!

[Straycat 3]

No, I did not send any additional documentation in as I was told not to by the USCIS workers I spoke to (the second said it was too late to do anything when I called). They had the document already with the initial filing. I feel it's not appropriate that I have to re-file (or pay the large fee to re-open) because they are incompetent.

Make an info pass and bring ALL your evidence in person!

the only thing, is can this be done in the 30 day window they give? Looking at the wait times with USCIS, it would be weeks at the least to see them in person. They don't even seem willing to let me talk to the local field office (on USCIS worker simply hung up on me).

Edited February 13, 2014 by Straycat

[nightingalejules 678]

No, I did not send any additional documentation in as I was told not to by the USCIS workers I spoke to (the second said it was too late to do anything when I called). They had the document already with the initial filing. I feel it's not appropriate that I have to re-file (or pay the large fee to re-open) because they are incompetent.

the only thing, is can this be done in the 30 day window they give? Looking at the wait times with USCIS, it would be weeks at the least to see them in person. They don't even seem willing to let me talk to the local field office (on USCIS worker simply hung up on me).

I think that if you make an info pass appt, that stops the clock on the 30 days. After all, you HAVE done something within the window! Good luck!

[Straycat 3]

the soonest date at the local office is Feb 26th....that's cutting it waaaaay too close, don't you think? I am terrified this is going to go terribly wrong ...I'm crying daily about this already.

Edited February 13, 2014 by Straycat

[Harpa Timsah 13,258]

Did you respond to the RFE with an explanation?

[chantal356 2]

I'm so sorry this has happened to you. Have you tried contacting your congressman/senator? They have staffers that handle immigration issues, maybe they might be able to help.

[Dave&Roza 748]

the soonest date at the local office is Feb 26th....that's cutting it waaaaay too close, don't you think? I am terrified this is going to go terribly wrong ...I'm crying daily about this already.

Cutting it close is better than missing the deadline. Go to that appointment armed with all documentation. If you can remember details of the phone calls or if you happen to have notes take those along as well. One thing my Mother taught me was to sit down, write the date and time on the top of a notebook and when the person answers you write down their name. If transferred you write down that person's name and the time of the transfer and the time when they pick up the phone. You make notes of your questions and the answers given. That way you have a detailed record to show someone at a later date. It is all about documentation throughout this entire process. You never rely on the person on the phone doing anything for you. Always send in a piece of paper. Granted that piece of paper has to get put with your file, but if you can show that on such and such date I mailed this to you (show a copy you made and the receipt showing delivery) you have a much stronger case.

You failed to send in the requested document asked for in the RFE. By the USCIS' rules that implies that you abandoned the petition. Now you have to fight to get the petition re-opened or start all over again. So I would go to the infopass appointment with what they asked for in the RFE and more and see what happens.

I hope it all goes well for you,

Dave

[Straycat 3]

Cutting it close is better than missing the deadline. Go to that appointment armed with all documentation. If you can remember details of the phone calls or if you happen to have notes take those along as well. One thing my Mother taught me was to sit down, write the date and time on the top of a notebook and when the person answers you write down their name. If transferred you write down that person's name and the time of the transfer and the time when they pick up the phone. You make notes of your questions and the answers given. That way you have a detailed record to show someone at a later date. It is all about documentation throughout this entire process. You never rely on the person on the phone doing anything for you. Always send in a piece of paper. Granted that piece of paper has to get put with your file, but if you can show that on such and such date I mailed this to you (show a copy you made and the receipt showing delivery) you have a much stronger case.

You failed to send in the requested document asked for in the RFE. By the USCIS' rules that implies that you abandoned the petition. Now you have to fight to get the petition re-opened or start all over again. So I would go to the infopass appointment with what they asked for in the RFE and more and see what happens.

I hope it all goes well for you,

Dave

the only problem is the thing they ask for does not exist. They want paperwork for a divorce between me and an imaginary person....

[Straycat 3]

I've made the infopass appt... Soonest was Feb 26th @ 7:15 am....I really hope this goes well and smoothly....this whole process has been the longest, most stressful nightmare ever...430 days so far since filing

Edited February 13, 2014 by Straycat

[Harpa Timsah 13,258]

the only problem is the thing they ask for does not exist. They want paperwork for a divorce between me and an imaginary person....

Yes, but you didn't reply at all? Just ignored it? You could have sent an explanation?

[Straycat 3]

Yes, but you didn't reply at all? Just ignored it? You could have sent an explanation?

Actually, I made a formal complaint twice.

Edited February 13, 2014 by Straycat

[Exocet 88]

You can keep checking the website to book an infopass. The appointment dates and times change all the time. You could possibly get a sooner one.

Also, calling and talking to a Tier 1 or Tier 2 on the phone does NOT mean that you made a formal complaint. Talking on the phone to anyone at USCIS is pointless... they all just make stuff up. You need to do everything formally through documentation.

If they made up something about someone that does not exist, then the onus is on you to write a very formal letter in rebuttal to the RFE.

I know it's a broken system and that it just plain sucks... but ya gotta do what ya gotta do.

Good luck!

[Straycat 3]

You can keep checking the website to book an infopass. The appointment dates and times change all the time. You could possibly get a sooner one.

Also, calling and talking to a Tier 1 or Tier 2 on the phone does NOT mean that you made a formal complaint. Talking on the phone to anyone at USCIS is pointless... they all just make stuff up. You need to do everything formally through documentation.

If they made up something about someone that does not exist, then the onus is on you to write a very formal letter in rebuttal to the RFE.

I know it's a broken system and that it just plain sucks... but ya gotta do what ya gotta do.

Good luck!

I now realize calling them is 100% pointless, they all blurt out the same speech every time. I will be going forward with an immigration attorney to get this sorted out.