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I-131 Appeal was dismissed???

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Filed: K-1 Visa Country: Canada
Timeline

I sent in my AOS packet the beginning of November (I-765, I-131, I-485), did biometrics, and replied to RFE on I-485. Today I got a notification for my I-131 that says:

Your appeal was dismissed and the original decision on your case, Receipt Number MSCxxxxxxxxxx, remains the same. On January 6, 2016, we sent you a notice about this action.

However, my I-765 has changed to say that my new card is in production. I am wondering if anyone else has seen this? Is it possible to have my I-131 denied (and wouldn't it say denied instead of dismissed?) and my I-765 be approved? Since there was no appeal to even be dismissed, I am hoping that it is a glitch in the system?

I-129F Sent: 10/27/2014

I-129F NOA2: 5/11/2015

Consulate Received: 6/17/2015

Interview Date: 09/08/2015

Interview Result: AP - Needed new Police Certificate including middle name.

Visa in Hand: 09/18/2015

US Entry: 09/22/2015 (POE: Calgary International Airport)

Marriage: 10/24/2015

AOS (I-485, I-765, I-131) Sent: 11/02/2015

Electronic NOA received: 11/05/2015

Biometrics: 11/18/2015

EAD approved: 01/06/2016

EAD received: 01/13/2016

GC approved: 03/04/2016

GC received: 03/09/2016

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Filed: Citizen (apr) Country: Ecuador
Timeline

*** Thread moved from AOS/Family-Based main forum to the Case Progress subforum. ***

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Filed: AOS (apr) Country: Cyprus
Timeline

Sounds like a glitch, you can make an infopass and ask.

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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  • 6 months later...
Filed: K-1 Visa Country: Philippines
Timeline

I sent in my AOS packet the beginning of November (I-765, I-131, I-485), did biometrics, and replied to RFE on I-485. Today I got a notification for my I-131 that says:

Your appeal was dismissed and the original decision on your case, Receipt Number MSCxxxxxxxxxx, remains the same. On January 6, 2016, we sent you a notice about this action.

However, my I-765 has changed to say that my new card is in production. I am wondering if anyone else has seen this? Is it possible to have my I-131 denied (and wouldn't it say denied instead of dismissed?) and my I-765 be approved? Since there was no appeal to even be dismissed, I am hoping that it is a glitch in the system?

The same thing happened to me today. Did you ever find out if it was just a glitch? I contacted US CIS but due to high call volume, they were unable to transfer my call to a Tier 2 Representative.

I-129F Sent: August 24, 2015 (Dallas, TX Lockbox)

I-129F Received: August 26, 2015

I-129F NOA1 Date: August 28, 2015 (California Service Center)

I-129F NOA2 Date: September 17, 2015

NVC Received: October 7, 2015

Case Number Assigned: October 8, 2015

Left NVC: October 9, 2015

Packet 3 Received:

US Embassy Manila Received: October 26, 2015

Interview Date: December 8, 2015 - APPROVED!!

POE San Francisco, CA - March 25, 2016

Marriage - March 28, 2013

SO Applied SSN - April 21, 2016

Submitted AOS, EAD, AP - April 23, 2016

SO received SSN card - April 27, 2016

US DHS cashed check - April 29, 2016

NOA received for all 3 cases - April 26, 2016 Priority Date

I-485 Fingerprint Fee Received - April 28, 2016

Biometrics Done - May 25, 2016

1st SR for I-765 - July 5, 2016 (Day 76)

2nd SR for I-765 - July 25, 2016 (Day 90)

I-765 New Card is Being Produced - July 26, 2016

I-131 Appeal was Dismissed (??) - July 26, 2016 --> NO appeal was filed by us

Fingerprint Review Was Completed - March 11, 2019

Biometrics Appointment - July 5, 2019

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  • 1 year later...
 
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