Case denies due to.abandonment???!!!! see attachments please

[Suss&Camm 2,213]

1 minute ago, timorito said:

can rhey read out RFE in case we have to refile and provide it with new filing

You can request them to send the rfe again or to fax it I believe. You will have to discuss with tier 2.

[timorito 1]

we did that once but if we file again march will def. be before being able to apply fo extension no?

[Suss&Camm 2,213]

2 minutes ago, slimbolina said:

Can I ask, was your case 'touched' at any point? I'm not going to say 'you should have done this or should have done that' but my guess is if it was touched then they definitely did something with it. Sorry, I'm not providing any help, just out of curiosity really.

 

I have read somewhere (again, not going to be help of a definitive answer), but someone had the same issue and they were advised to send in the fee and if they could prove that it was indeed USCIS's fault then they would receive that fee back. I feel your pain and I sincerely hope you manage to get it resolved.

The instructions clearly state that the fee is non-refundable regardless of the action taken with the case. Several times even.. :/

[Suss&Camm 2,213]

2 minutes ago, timorito said:

we did that once but if we file again march will def. be before being able to apply fo extension no?

Well if you solve all this I guess the case would go back to pending? Or do you mean if you re-apply? 

[slimbolina 48]

4 minutes ago, Suss&Camm said:

The instructions clearly state that the fee is non-refundable regardless of the action taken with the case. Several times even.. :/

I can barely read it, like I said, I was quoting what I'd read.

[Suss&Camm 2,213]

Just now, slimbolina said:

I can barely read it, like I said, I was quoting what I'd read.

I meant the i-290B instructions about fees

https://www.uscis.gov/system/files_force/files/form/i-290binstr.pdf?download=1

[timorito 1]

20 minutes ago, slimbolina said:

Can I ask, was your case 'touched' at any point? I'm not going to say 'you should have done this or should have done that' but my guess is if it was touched then they definitely did something with it. Sorry, I'm not providing any help, just out of curiosity really.

 

I have read somewhere (again, not going to be help of a definitive answer), but someone had the same issue and they were advised to send in the fee and if they could prove that it was indeed USCIS's fault then they would receive that fee back. I feel your pain and I sincerely hope you manage to get it resolved.

to be honest , no, we knew it would take a while.but now.that her extensiom expires in march we got worried and letter came in today

Edited January 24, 2017 by timorito

[timorito 1]

Yes, if i reaapply does she get a new extension? im assuming the one til march is no longer valid.until the new letter comes in?

[Suss&Camm 2,213]

4 minutes ago, timorito said:

Yes, if i reaapply does she get a new extension? im assuming the one til march is no longer valid.until the new letter comes in?

I would assume so, you'll have to research that and/or see what others say to make sure. I don't know the proper procedure, if the 30 days to respond for re-opening gives some sort of intermittent place where she can still work. 

 

Regarding the current card, they do ask for it to immediately be sent in, at the same time working without it is forgiven for spouses... I hope someone can help you with a better answer.

[timorito 1]

such BS

shes working.

you saying she cant anymore?

[Suss&Camm 2,213]

6 minutes ago, timorito said:

such BS

shes working.

you saying she cant anymore?

Just what it said in the paper you received, was to send the card asap.... I'm not by any way, shape or form certain about this. It's a very specific situation. So take a breath, see what others have to say. There's always an option to contact a lawyer for advice as well... Well this whole situation wholeheartedly sucks for you! 

[Patient 57]

2 hours ago, timorito said:

such BS

shes working.

you saying she cant anymore?

 

The Visajourney website has some resource to read through which seems to highlight others in "similar" situations and others - all suggest 5-6 months timeline for appeal but few quote anything about the partner and their work situation.

 

One even stated "Sara I really hope everything goes well in your case, but keep in mind that not even 2% of the I-290B filings are approved, but in case of denial you can still appeal of the decision, or withdrawn the petition and start all over again."

 

Some weblinks used:

https://www.dhs.gov/topic/cis-ombudsman

http://www.trackitt.com/usa-discussion-forums/i140/1187251539/i-290b-denied-whats-next  - This one seems close to your situation

 

Sorry to read about your situation.

 

[Hypnos 6,576]

An Infopass appointment and pleading your case face-to-face is probably the best move, at least initially. 

[Jay & Shiela 29]

Start Here,

      Call the USCIS Speak with a Level 2 Officer. State your dilemma and advise that you just received a denial letter due to abandonment but have not received correspondence other than the Biometrics Appt. Letter and the Denial Letter. Request to know what other correspondence has been sent and to what address it was sent to. Verify the Address it was sent to matches your address and if any was returned undeliverable.

      If you moved, you should have filled out an AR-11 Change of Address Form. If the correspondence they sent you was returned to them undeliverable or return to sender, and you filled out the change of address, ask what that officer can do to assist you. If he is not able to help Request to Speak with a Level 2 Immigration Officer Supervisor, often times they have to arrange to call you back. in any case Explain the situation to him or her and they should be able to point you in the right direction. I would even request that he contact the officer who denied your case If it was an error on the half of the USCIS as it is within the power of a level 2 supervisor to do so.

Here is a Link to the USCIS Website on the Levels of Support and what a L2 Officer and L2 Supervisor Can do to assist. 

https://www.uscis.gov/policymanual/Print/PolicyManual-Volume1-PartA-Chapter3.html

Here is what the Site Says about the level of support a Tier 2 Supervisor can offer. 

The USCIS States:

USCIS Tier 2 supervisor has the ability to contact USCIS field offices, asylum offices, service centers, and the National Benefits Center through designated points of contact to address any issues that require immediate action or direct assistance. When appropriate for the situation, a supervisor may:

•Verify the information provided to the customer by the USCIS officer.

•Directly contact the appropriate USCIS office to determine if any additional options may be available to resolve the caller’s issue (if needed).

•Create a Service Request if the issue cannot be resolved by the NCSC.

•Request that the appropriate office take action to alleviate any unnecessary additional wait times, if the caller’s issue resulted from a USCIS error.

 

If the officer can resolve it great but I would still do the following, just to cover this from every angle. 

ADDITIONALLY,

      When you Speak with a Level 2 Supervisor Make sure they have your correct address on file. 

      Then on top of all of that, I would personally write a letter to the Officer that Denied your case, provided his information is on the denial letter, and send him copies of all proof of address, or address changes since you filed the case. If your address changed include a copy of your AR-11 with that letter. if you have it and plead your case.

      Additionally, send the i290 appeal form with the fee to the USCIS. Include a Copy of the denial letter and a copy of your personal Letter to the officer who denied your case with copies again of proof of your address and/or address change (AR-11) if available. And submit all documents with the appeal required by the USCIS.

     Send all of this as quickly as possible before they file removal proceedings.

     If it was truly the fault of the US Customs and Immigration Services, you can request a refund. Refunds are rare, but if it was truly the fault of the USCIS they do make exceptions here is a link on how to request a refund.   https://my.uscis.gov/helpcenter/article/3049   

 

I do hope this helps, and that everything works out for you. J

 

Regards, 

Jason P. 

 

[Jay & Shiela 29]

Once you do all of that or even while your doing it, Get on the phone with your State Senators Office and they will give you a case worker who may be able to resolve it ASAP, Let them know all the steps you have taken. Provide them with the Case Number that was denied and all pertinent information with the steps you are taking and have already taken. And they usually, can get things done!

 

If you dont know how to contact your U.S. senator Here is a website to help you look up their contact information give them a call, if they dont want to help keep calling them until they do. 

 

https://www.senate.gov/senators/contact/