I-290B filed for mistake by USCIS

[Highlandlad82 7]

I had my AOS greencard denied in Dec 2018. I had my interview in Charleston. It went well. I got told to expect my greencard just after Christmas.

 

The following day I got an email update saying I had an RFE. I had to wait a few weeks for the letter to arrive. They wouldn't tell me over the phone what the RFE was. I turned out they believed my divorce decree from my first marriage wasn't the full form as it says "extract" on it. Every certificate in scotland whether it be birth, death, marriage or divorce is called an "extract" as is it an extract of the national register. 

 

I called uscis to explain this. They said if this is the case to resend the original document. After a few weeks I got the letter saying my AOS had been denied because I had sent the same document. After a few weeks of panic, thinking I'd have to leave my wife and the states we found a lawyer and filed the I-290B as this was an error on their side. 

 

Fast forward 357days from receipt and I still haven't heard a word. Has anyone else been in this situation? Any advice would be amazing. 

Edited March 17, 2020 by Highlandlad82

[Villanelle 4,122]

Scotland: Available. If a divorce has taken place after May 1, 1984, a decree from the divorce is available from the Registrar General, New Register House, Edinburgh EH1 3YT. If the divorce took place before March, 1984, a decree from the divorce is available from the Deputy Clerk of Sessions, 1 Parliament Square, Edinburgh EH1 1RQ. A marriage extract issued by the Deputy Clerk of Sessions subsequent to the granting of a divorce in Scotland (of a marriage, which has taken place in Scotland,) will bear an endorsement relating to the divorce.

 

The above is the requirements for divorce decrees for Scotland. So as long as you sent the proper paper needed you should be OK.  Do you have a copy of the 290B you filed? There are different things you can choose on the form. Just based on how much time has passed it seems the attny chose filing it so it has to go to the BIA. That can take around 1 year to process so you should be hearing something soon but maybe not so soon due to the current virus concerns- a lot of things are getting shut down and Im pretty sure they dont consider BIA appeals to be necessary work. 

[Highlandlad82 7]

17 hours ago, Villanelle said:

Scotland: Available. If a divorce has taken place after May 1, 1984, a decree from the divorce is available from the Registrar General, New Register House, Edinburgh EH1 3YT. If the divorce took place before March, 1984, a decree from the divorce is available from the Deputy Clerk of Sessions, 1 Parliament Square, Edinburgh EH1 1RQ. A marriage extract issued by the Deputy Clerk of Sessions subsequent to the granting of a divorce in Scotland (of a marriage, which has taken place in Scotland,) will bear an endorsement relating to the divorce.

 

The above is the requirements for divorce decrees for Scotland. So as long as you sent the proper paper needed you should be OK.  Do you have a copy of the 290B you filed? There are different things you can choose on the form. Just based on how much time has passed it seems the attny chose filing it so it has to go to the BIA. That can take around 1 year to process so you should be hearing something soon but maybe not so soon due to the current virus concerns- a lot of things are getting shut down and Im pretty sure they dont consider BIA appeals to be necessary work. 

Thanks for the reply. At the time of filing the I-290B I also included letters from the register office in Edinburgh and a letter for the sheriff Court that issued the divorce. Both saying that the certificate I supplied is the only form I will ever get. It's just frustrating that their mistake his cost us even more monry and time. I hope you're right and I'll hear on due course once things reopen after the Corona virus shutdown. 

 

Thanks again. Stay safe. 

[Villanelle 4,122]

I think if its their error then you do have to pay the fees for the motion when you file it- but then you are able to get the fees back when its decided it was in fact their error. Its not quick but it is possible. Look into it and if you need help finding info on that let me know and Ill see what I can dig up about it. 

[Highlandlad82 7]

On 3/18/2020 at 4:47 PM, Villanelle said:

I think if its their error then you do have to pay the fees for the motion when you file it- but then you are able to get the fees back when its decided it was in fact their error. Its not quick but it is possible. Look into it and if you need help finding info on that let me know and Ill see what I can dig up about it. 

Thank you! I thought that money was long gone. Fingers crossed it comes back in my favor! 

[Highlandlad82 7]

On 3/18/2020 at 4:47 PM, Villanelle said:

I think if its their error then you do have to pay the fees for the motion when you file it- but then you are able to get the fees back when its decided it was in fact their error. Its not quick but it is possible. Look into it and if you need help finding info on that let me know and Ill see what I can dig up about it. 

Good morning, I got an update saying after review my case has been reopened and a card is being produced. Do you know if that is my greencard or a renewed Ead card? I'm excited but don't want to get ahead of myself as if been bitten before. Any advice or info would be amazing. The uscis website is as vague as always. 

[Villanelle 4,122]

Well is it the case status for the 485 or for the 765? If its saying on the 485 then most likely its the GC. 

[Highlandlad82 7]

43 minutes ago, Villanelle said:

Well is it the case status for the 485 or for the 765? If its saying on the 485 then most likely its the GC. 

Thanks for getting back to me. I got a few more notifications and it is the green card. Thanks again for your help. Take care. 

[Villanelle 4,122]

Great news! Look into how to get your fee back for the 290b since it was their error. Post if you need help- I know its  possible but I dont know off the top of my head what the process is.