I485 Denied - No interview letter :(

[march16filer 153]

15 hours ago, Daniel Littleton said:

Hi there,

 

I'm from the UK and moved to the states to marry my now wife over in Seattle. We went through the hoops, paid all the fees and had no issues...until now.

 

Yesterday(Sat 24th Feb 2018) we received a letter denying the permanent residence of myself. This was news to us as we had not received a letter for the interview for myself and my wife.

 

We searched the house top to bottom, no letter, we watch the mail like hawks awaiting anything coming through. We had moved in August BUT the first thing we did was to change the address and get a recipet for that change. This feels like a non starter as we did receive this letter.

We are both devastated after being here just over a year now and having met all the conditions and applications up until now. We intend to appeal via the i-290b form.

 

My concerns are as follows:

- We are able to appeal, but based off of a letter not being received do we motion for to re open or motion to reconsider? Or would it even be some of the other options on the I-290B form.

- When I appeal, am I able to continue to work or will I need to wait? I literally just found a job which was tough in the first place in my field and this worries me greatly.

- Do I need to leave the US whilst I appeal via the i-290b form?  As the letter states: ''you were lawfully present in the United States as a K-1 fiance immigrant. This has expired. You are not authorized to remain in the United States and should make arrangements to depart as soon as possible. and so on. Even though in the section previously and following I am told I can reopen or reconsider. The terminology and grammar used is extremely confusing.

 

If anyone has been in this situation before I would appreciate any advice.

 

Steps we are going through: Talking to a lawyer, calling USCIS Monday asap, Info pass perhaps?

 

Thanks and I apologize if this is in the incorrect forum.

 

Daniel

I will just give you my two cents about that.

 

I have had an issue with my Removal of Conditions that my attorney has passed away during the process and my mail was usually sent there.

 

I have gone through all the hoops to change the address on file and called to confirm and everything and received a confirmation letter to the new address. I have also received a letter of approval at the new letter, but, when it was time to receive the physical green card, it was sent to the attorney's address. When I called USCIS or when I did an InfoPass (can't remember), I was told that updating the address on the website only updates it on the USCIS central database and not the local office (where they schedule interviews) database. I am guessing that is what must have happened.

my thoughts to you is to set up mail forwarding from the old address to the new address. 

Good luck!

[mindthegap 2,550]

You must be proactive in this...don't just sit around waiting.

As soon as possible, make an infopass and perhaps ask for a supervisor.

Assemble every piece of USCIS mail you have with the old address and new address on, and the receipt for change of address and take it with you.

 

Stress that you did not receive notification of an interview (it happens a LOT - it also happened to me, where one interview letter was the only piece of USCIS mail that was never received by me and did not show up in informed delivery - I suspect it was never sent in the first place) and hopefully they can reopen it without the need for the hassle and expense of filing an I-290b.

 

If no joy with the above, contact your senator/congressperson and ask them to intervene.

 

In the meantime do not leave the US

Edited February 26, 2018 by mindthegap

[Hypnos 6,576]

43 minutes ago, march16filer said:

my thoughts to you is to set up mail forwarding from the old address to the new address. 

Mail from USCIS is not meant to be forwarded, even with such a service set up. It contains the instruction "Return service requested", which means it's only meant to be delivered to the address specified on the envelope, and not forwarded to anywhere else. 

 

That said, sometimes they will forward it, but they're not meant to. 

[Londonergirl 133]

12 hours ago, caliliving said:

Everyone that AOS in america has an interview. K1 very rarely has one.

 

again it depends on the country. my interview was quick and a joke! 

I know a lot of people who came here on K1 who had interviews. 

[Boiler 43,798]

I was interviewed, agree change of address screw ups are quite common.

[Californiansunset 332]

Since October 2017 all AOS, even from K1, require an interview... meaning everyone who adjusted from K1 in October 2017 or after will now have an interview just like any other visa category... that just fyi. 

 

Before that it seemed like a 50/50 chance whether you had an AOS interview from K1 or not... at least that is what I've seen for my AOS Forum (Feb 2017). 

[acajim 16]

My ¢2 about the infopass:

 

I scheduled an infopass appointment, the first available was about a week ahead. I went to the Tukwila office (South of Seattle), and surprise! they were letting people in without an appointment, straight walk-ins. I don't know if this has changed, but if I was you, I'd play stupid and say I didn't know I had to have an appointment..... but schedule the appointment before you go!

 

Good luck!

[geowrian 22,336]

1 hour ago, Californiansunset said:

Since October 2017 all AOS, even from K1, require an interview... meaning everyone who adjusted from K1 in October 2017 or after will now have an interview just like any other visa category... that just fyi. 

 

Before that it seemed like a 50/50 chance whether you had an AOS interview from K1 or not... at least that is what I've seen for my AOS Forum (Feb 2017). 

There was one report of that, but I have yet to see any evidence of it. To the contrary, there are a small handful of VJ timelines showing people who filed even after 10/1/2017 (adjusting from a K-1) and got a green card and had no interview. A few examples:

http://www.visajourney.com/timeline/profile.php?cfl=0&id=255423

http://www.visajourney.com/timeline/profile.php?cfl=0&id=262339

http://www.visajourney.com/timeline/profile.php?cfl=0&id=262567

 

It's too soon to see a lot of them yet, though. AOS usually takes more than 5-6 months, and many members simply don't keep their timelines updated, except maybe when they come back in 2 years for ROC.

 

The documented change going into effect on that date is for employment-based AOS only. The USCIS documentation (linked in my prior post) still lists K-1s as being eligible for an interview waiver.

Edited February 26, 2018 by geowrian

[josue818 20]

When I was adjusting, for some reason USCIS decided to change my zip code and I never received my interview notice. Although luckily i checked my status online and said that my interview was going to be in three days and I called the USCIS number. I was able to speak to a second level officer and they faxed me over my interview letter. Meaning you should be able to call them or at least be able to obtain a copy of it at the info pass. I would do my best to obtain a copy of the interview notice. I would then, once I ensured that they sent it to your old address, would take the appointment letter and my change of address form and make an info pass/walk in and say it was at no fault of your own and it was their mistake. If they want you to go through the formal appeal, I would then contact my rep and tell them that it is outrageous for you to have to pay again for their mistake. Good luck! 

[SuperBaoBao 8]

I have been waiting for my NOA2 for I-130 ever since Nov 7th, 2016. My interview letter was sent to my old address last year for September 22nd, 2017. Good thing my lawyer got a mail otherwise we could have missed it. The weird thing is I've already changed my address and had been getting online inquiries to my new address, but this mail was still sent to the old address. I am wondering now that I am waiting for my I-130 response after the interview, could it be possible that they sent it to my old address again for another interview? USCIS likes to make stupid mistakes like this. I am really worried now.... My lawyer has also recently changed her address. This is really really worrisome.. I do not want to miss an interview. Also, I went to infoPass also to ask about my case, they say it is still under review, but they always say this... they don't tell you whether an interview has been scheduled or what not. 

[Daniel Littleton 2]

Thanks all! Sorry I couldnt reply. Seems to be a silly posting limit? Kind of ridiculous especially when people have worries and such!

 

Update is: We have found a local attourney who will be consulting us! Ive written up a letter as well as trying to get the I290b prepped.

 

I also scheduled an infopass session but this wont be until the 9th of March. Its cutting it fine in terms of getting the letter/290b to the right place. I recieved the denial Feb 24th and it was issued on the 20th of Feb leaving me until the 25th of March at the very latest to get the form in. I am assuming 2 weeks is enough time for the USCIS to recieve our letter/290b? I wanted to wait until the infopass as we may beable to avoid all of the 290b issue along with paying the $675 or would anyone recommend going straight for the 290b? This in all honesty could be a simple issue after all of them rescheduling?

I did call today though and two reps said that the address they have presently is the address they have and they cannot tell me where the interview notice was sent to.

[Daniel Littleton 2]

15 hours ago, mindthegap said:

You must be proactive in this...don't just sit around waiting.

As soon as possible, make an infopass and perhaps ask for a supervisor.

Assemble every piece of USCIS mail you have with the old address and new address on, and the receipt for change of address and take it with you.

 

Stress that you did not receive notification of an interview (it happens a LOT - it also happened to me, where one interview letter was the only piece of USCIS mail that was never received by me and did not show up in informed delivery - I suspect it was never sent in the first place) and hopefully they can reopen it without the need for the hassle and expense of filing an I-290b.

 

If no joy with the above, contact your senator/congressperson and ask them to intervene.

 

In the meantime do not leave the US

Ill try to find all the forms possible we have presently. We have been very proactive even on the first business day today! We gathered all the info we could, booked an info pass(for a week and a halfs time) and even managed to et a lawyer to consult for us. We are good to go! I have also drafted a letter just in case it comes to the worst of having to submit the form

[Going through 5,668]

36 minutes ago, Daniel Littleton said:

Thanks all! Sorry I couldnt reply. Seems to be a silly posting limit? Kind of ridiculous especially when people have worries and such!

I know it's frustrating (the posting limit for the first 24 hours after joining), but it's there to prevent spammers making an account to flood the forums with dozens and dozens of posts all at once---happens frequently around here.

 

Agree with mindthegap---you're going to have to be really proactive about resolving this---good luck at your infopass, glad you were able to get one scheduled fast!

[Daniel Littleton 2]

UPDATE: I have spoken to the staff of our local congressman and have filled out forms with the info needed to have them contact the USCIS asap and see what they can do. We also have a meeting with a lawyer tomorrow.

 

Surprisingly most lawyers have been unhelpful in our case as they did not start the I485 submission process. Funnily enough the lawyer is also British. I am quite disappointing by US lawyers at present and their willingness to accept such a straightforward case.

 

We are also scheduled for a USCIS infopass meeting on the 9th of March (25th is when I290b needs to be with them as our last resort). We hope that one of these two avenues is viable before sending off a 290b and $700. We are WELL on the case people!

[ibocan 1]

On 2/27/2018 at 11:27 PM, Daniel Littleton said:

UPDATE: I have spoken to the staff of our local congressman and have filled out forms with the info needed to have them contact the USCIS asap and see what they can do. We also have a meeting with a lawyer tomorrow.

 

Surprisingly most lawyers have been unhelpful in our case as they did not start the I485 submission process. Funnily enough the lawyer is also British. I am quite disappointing by US lawyers at present and their willingness to accept such a straightforward case.

 

We are also scheduled for a USCIS infopass meeting on the 9th of March (25th is when I290b needs to be with them as our last resort). We hope that one of these two avenues is viable before sending off a 290b and $700. We are WELL on the case people!

 

Hi Did you have chance to get any info after Infopass. i have it tomorrow and i am in same boat.