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Filed: AOS (pnd) Country: England
Timeline

Thanks for you reply Damara, I have a medical booked for next week. I accept the fact that i made a mistake based on bad information, I am considering hiring a lawyer to process any appeals/re-applications from here, however I will book an infopass appointment to cover my bases. I have already filled out the appeal form, and new I-485, EAD and AP forms just incase.


Thanks for you reply Damara, I have a medical booked for next week. I accept the fact that i made a mistake based on bad information, I am considering hiring a lawyer to process any appeals/re-applications from here, however I will book an infopass appointment to cover my bases. I have already filled out the appeal form, and new I-485, EAD and AP forms just incase.

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Filed: K-1 Visa Country: Wales
Timeline

I would also expect a re application making more sense, an appeal needs a basis and takes as long, longer.

But I am not a lawyer so let us know what those who make their living out of this say.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: AOS (pnd) Country: England
Timeline

Yes, I shall post on here as soon as I have spoken to a lawyer, I am swaying toward a re-opening or a re-application to be honest , an appeal isn't appropriate for my case, I only hope that they can reinstate my work authorisation quickly, a previous poster suggested that I keep working but I don't want to do anything illegal, again I shall ask the lawyer about this. I am also tempted to hire a lawyer to carry out the re-application procedure on my behalf however I have made an appointment with info pass for July 29th.will keep you all posted

Edited by Jan2211
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Hello Jan2211,

I am sorry to know about what happened with your case. Have you received a letter yet? Unfortunately, I have a similar problem, you can check my topic here Motion to Reopen. We got denial at 04/28/15, two weeks later I filed Motion to Reopen as it was offered at the letter, attached new evidence (the certified copy of my husband's divorce yet of 2010) and copies of my underlying I-485. We have been waiting since then without any result. However, our situation is worse: we were outside USA visiting our families abroad, and my EAD + Advance Parole card was cancelled at that time.... So my husband had to stay with me for other 2 months (out of his work) hoping that USCIS would let me go back with him. Yesterday we had our 1st anniversary :-), and today he left home to USA, and I stayed alone :-(

I hope our MTR will get positive result, and I can return home. Otherwise, my spouse will come to me again in September, of course, losing his job completely, but what can we do.

You will see your options in the letter . Although I still haven't had a good result, I'll try to help you with advice as much as I can. Good luck!

 

 

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Filed: AOS (pnd) Country: England
Timeline

So, finally got my denial letter today.....reason for denial...not providing a fully completed I-693, this was requested as the doctor in the UK suggested a follow up medical 6 moths after my arrival in the USA..I had no idea what was in my UK medical and I arrived here in March 2014!!!!!! Second point of denial was that the civil surgeon who completed my vaccines, which was the only thing I needed according to the USCIS when I queried my RFE, filled out the i693 incorrectly, so how do I know what is in a sealed envelope..the letter says I cannot appeal but I can file a motion to reopen or a motion to reconsider, it also attaches 3 pages of legal jargon which I do not understand in the slightest. So I am having my medical on Wednesday, I have already told them of their serious error and I have a telephone consultation with a lawyer tomorrow, however I will more than likely retain a lawyer to sort out this fiasco.

Edited by Jan2211
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Filed: AOS (apr) Country: Cyprus
Timeline

So, finally got my denial letter today.....reason for denial...not providing a fully completed I-693, this was requested as the doctor in the UK suggested a follow up medical 6 moths after my arrival in the USA..I had no idea what was in my UK medical and I arrived here in March 2014!!!!!! Second point of denial was that the civil surgeon who completed my vaccines, which was the only thing I needed according to the USCIS when I queried my RFE, filled out the i693 incorrectly, so how do I know what is in a sealed envelope..the letter says I cannot appeal but I can file a motion to reopen or a motion to reconsider, it also attaches 3 pages of legal jargon which I do not understand in the slightest. So I am having my medical on Wednesday, I have already told them of their serious error and I have a telephone consultation with a lawyer tomorrow, however I will more than likely retain a lawyer to sort out this fiasco.

OMG how crazy ! I agree to retain a lawyer, to deny was just plain stupid. Let us know what happens and I hope they will accept whatever

you decide, motion to reconsider/reopen.

Sigh !

Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

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Filed: AOS (pnd) Country: England
Timeline

my wife has just come home and read the letter and her understanding is that the USCIS was correct, I needed an updated medical for the vaccines only not an actual medical, so it looks my reason for denial was the fact the the civil surgeon filled out the forms incorrectly ......speaking with a lawyer tomorrow

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Filed: Timeline

Are you going to be using a lawyer for the MTR?

Here is a very old thread for someone that was denied and used infopass successfully. I understand its totally different circumstances- they missed an interview/you failed to respond to an RFE properly- I still believe there is info in it that can help you.

Vanessa is not active on the forums any longer sadly, but Darnell is and rumor has it if you say his name three times on a thread he will appear and offer advice. :devil:

http://www.visajourney.com/forums/topic/412230-missed-aos-interview/

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I also think Infopass might be a good idea. There is nothing to lose and you earn yourself one more chance.

K1 VISA

06/14/2014 I-129F sent       06/16/2014 Noa1         10/14/2014 Noa2        11/07/2014 Package3         12/08/2014 embassy interview / approved!!        12/10/2014 Visa in hand

 

AOS

12/31/2014 I-485/I-765/I-131 sent        01/06/2015 Noa1        01/30/2015 Biometrics        02/27/2015 AP&EAD approved       07/20/2015 interview(approved on the spot!)

 

ROC

4/26/2017 I-751 sent        5/12/2017 Noa1       10/15/2018 interview (combo)

 

Citizenship

4/22/2018 N-400 sent      4/23/2018 Noa1        10/15/2018 interview (combo)+Oath ceremony! 

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my wife has just come home and read the letter and her understanding is that the USCIS was correct, I needed an updated medical for the vaccines only not an actual medical, so it looks my reason for denial was the fact the the civil surgeon filled out the forms incorrectly ......speaking with a lawyer tomorrow

So i thought. Well.. before the paperwork is sealed you see what they're doing and you're also supposed to get a copy of that medical for your record. Anyhow I don't think you have a case with USCIS but I would definitely look into getting civil surgeon to answer for their incompetence.

It is not where I breathe but where I love that I live.

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Filed: K-1 Visa Country: Mexico
Timeline

That beyond frustrating, you go to the doctors they say on their website, you pay and expect a job well done, and when is not you pay the consequences.

Did you get a copy of your vaccine form? When I went the lady gave met the sealed envelope and a folder with all the forms for my record.

I also think getting an info pass appointment it's the first step

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Filed: K-1 Visa Country: Wales
Timeline

Original went in the envelope and I got a copy.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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How idiotic the reason for denial is!!! Instead of sending another RFE or writing an e-mail, calling (they have ALL our contacts), they ruin people's happy family lives! I am very, very disappointed in this country with its so-called "democracy".

Reminding that I have a similar situation with the author, I got denial because my husband gave me to provide them his divorce paper which was not certified... How can I know about right or wrong it is? He didn't now either, he took only what he was given by a court 5 years ago! Now, I have been waiting already more than two months for any information about my filed Motion to Reopen (with right divorce paper). I have to rent an apartment for 550 euro per month in his country (Cyprus) waiting for my Green Card or another RFE. Now it is only one place in the world where neither he nor me need to open visa to see each other! They don't let me live with my husband in USA all those months they reexamine our case!!! Is it fair?? How many fraud marriages they approve every day, give them green cards, passports, but if you are married bona fide, they give you hard time. I have no words, so exasperated... :ranting:

Meanwhile, my medical exam got expired on 05/05/2015. What if they deny NOW because of it? But I cannot make the whole I-693 outside USA, I saved only the copy of the page 5, which is vaccinations. Before they request, I don't want to fly specially to Moscow, waste money for tickets and hotel to obtain new medical forms DS-2054, DS-326, and DS-330, which cost much also.

No, I don't understand the logic of USCIS when they make denials on such ridiculous reasons. Yes, according to their dry instructions, may be it is allowed, but... they see a true COUPLE on interview, bona fide relations, true love (L)... Can you imagine that they consciously break a family, kill people's dreams, plans, everything... just for one stupid, easy obtainable (when explained properly) paper??? I don't and I will never understand this technique. I just don't respect and don't accept it.

Edited by MariaAndreas
 

 

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Filed: AOS (apr) Country: Cyprus
Timeline

How idiotic the reason for denial is!!! Instead of sending another RFE or writing an e-mail, calling (they have ALL our contacts), they ruin people's happy family lives! I am very, very disappointed in this country with its so-called "democracy".

Reminding that I have a similar situation with the author, I got denial because my husband gave me to provide them his divorce paper which was not certified... How can I know about right or wrong it is? He didn't now either, he took only what he was given by a court 5 years ago! Now, I have been waiting already more than two months for any information about my filed Motion to Reopen (with right divorce paper). I have to rent an apartment for 550 euro per month in his country (Cyprus) waiting for my Green Card or another RFE. Now it is only one place in the world where neither he nor me need to open visa to see each other! They don't let me live with my husband in USA all those months they reexamine our case!!! Is it fair?? How many fraud marriages they approve every day, give them green cards, passports, but if you are married bona fide, they give you hard time. I have no words, so exasperated... :ranting:

Meanwhile, my medical exam got expired on 05/05/2015. What if they deny NOW because of it? But I cannot make the whole I-693 outside USA, I saved only the copy of the page 5, which is vaccinations. Before they request, I don't want to fly specially to Moscow, waste money for tickets and hotel to obtain new medical forms DS-2054, DS-326, and DS-330, which cost much also.

No, I don't understand the logic of USCIS when they make denials on such ridiculous reasons. Yes, according to their dry instructions, may be it is allowed, but... they see a true COUPLE on interview, bona fide relations, true love (L)... Can you imagine that they consciously break a family, kill people's dreams, plans, everything... just for one stupid, easy obtainable (when explained properly) paper??? I don't and I will never understand this technique. I just don't respect and don't accept it.

If it comes down to the repeat medical then perhaps you can do it in Cyprus, hopefully everything gets sorted out, I agree this whole

thing could have been avoided if they would have send a 2. RFE instead. It ends up overloading 'the system' even more so and it's

definitely not efficient for the gov to operate like this.

Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

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