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Drake Vill

I-751 Denied. "not deliverable as addressed, unable to forward". Now filing I-290B

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Filed: K-1 Visa Country: Philippines
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Can the USCIS or USPS be held liable for the i-290B fee incurred due to the "not deliverable as addressed, unable to forward" reason?

We filed to USCIS i-751 on Mar 2014, we received receipt on Apr 2014. On August 2014, we received biometric appointment and completed. We did not receive anything after that. We constantly called but was told to just wait and no information of any letter since the biometric. It was not until we keep on calling back around Feb 2015 and were able to speak with a USCIS rep who filed a case status update. neither these times were we told of any letter was sent. On Mar 3, 2015, an email came stating under review. And on Mar 16, 2015, received a notice of decision as denied due to reason of abandonment since USCIS supposedly issued a request for evidence on Oct 21, 2014 with which the letter was returned as "not deliverable as addressed, unable to forward" by USPS and we did not supply the requested evidences which is normally due that we did not receive it in the first place. This is exasperating to me since the address is in fact deliverable and valid. Same address as previous notices. We have not moved nor changed address. Neither were we told or notified when we called (several times) that a letter was supposedly sent nor does the USCIS website for case status check.

Due to this, we have to file a Form i-290B with fee of $630.00 which we are filing regardless.

But my questions are:

1. Can I request from USCIS a copy of the supposed returned request of evidence letter issued on Oct 21, 2014 with the USPS reason?

2. Can the USCIS be held liable for the fee if it is determined that the address was incorrect at their fault OR USPS be held liable if it is determined that it was not delivered at their fault?

3. If none of the above I can do, Is there anything I can do at all?

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Do you live in an apartment?

Are your name(s) listed on the mailbox?

USPS can return mail to sender if they do not recognize the person it is addressed to.

Done with K1, AOS and ROC

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I'd involve your congressman or senator's immigration aide to fix this for you. Heck, I'd even do a walk-in to their local office with the signed release forms and copies of everything you ever received upon filing I-751.

You can use prior notices received as proof the mail is coming, but I'd also question if RFE was indeed sent out to you (proof of mailing?). Then ask for reopening of the case without having to file the I-290b.

Immigration aide's have direct line and email access to USCIS and USCIS has special units dealing with congressional inquiries alone.

Good luck and hope you sort this out soon.

ROC 2009
Naturalization 2010

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Filed: K-1 Visa Country: Philippines
Timeline

Can the USCIS or USPS be held liable for the i-290B fee incurred due to the "not deliverable as addressed, unable to forward" reason?

We filed to USCIS i-751 on Mar 2014, we received receipt on Apr 2014. On August 2014, we received biometric appointment and completed. We did not receive anything after that. We constantly called but was told to just wait and no information of any letter since the biometric. It was not until we keep on calling back around Feb 2015 and were able to speak with a USCIS rep who filed a case status update. neither these times were we told of any letter was sent. On Mar 3, 2015, an email came stating under review. And on Mar 16, 2015, received a notice of decision as denied due to reason of abandonment since USCIS supposedly issued a request for evidence on Oct 21, 2014 with which the letter was returned as "not deliverable as addressed, unable to forward" by USPS and we did not supply the requested evidences which is normally due that we did not receive it in the first place. This is exasperating to me since the address is in fact deliverable and valid. Same address as previous notices. We have not moved nor changed address. Neither were we told or notified when we called (several times) that a letter was supposedly sent nor does the USCIS website for case status check.

Due to this, we have to file a Form i-290B with fee of $630.00 which we are filing regardless.

But my questions are:

1. Can I request from USCIS a copy of the supposed returned request of evidence letter issued on Oct 21, 2014 with the USPS reason?

2. Can the USCIS be held liable for the fee if it is determined that the address was incorrect at their fault OR USPS be held liable if it is determined that it was not delivered at their fault?

3. If none of the above I can do, Is there anything I can do at all?

I'm an attorney, and I'd be happy to take your case. All I need is a $2,500 retainer deposit, and I *might* be able to get you *some* of your $630 back in 9 or 10 months, or longer. :) lol

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