I-130 Denied today. Filed concurrent I-130/I-485. Interview was scheduled last month but notice never arrived.

[Crazy Cat 39,631]

30 minutes ago, Mariam&Smith said:

OP was answered because there was no show above. Don't be so certain about anything.

The agent didn't say the I-130 was denied due to a no-show.  @payxibka is correct that the interview is for the I-485.

Edited August 24, 2020 by Lucky Cat

[Mariam&Smith 45]

1 minute ago, Lucky Cat said:

The agent didn't say the I-130 was denied due to a no-show.  @payxibka is correct that the interview is for the I-485.

It is a concurrent interview, they adjust both at the interview, no show means they couldn't establish a relationship. What do you think why it is denied?

[Crazy Cat 39,631]

Just now, Mariam&Smith said:

It is a concurrent interview, they adjust both at the interview, no show means they couldn't establish a relationship. What do you think why it is denied?

I don't know at this point.   We shall see.  It just seems a little strange that only the I-130 was denied since that (I-130) is the whole foundation of the application to adjust status.

[geowrian 22,336]

The I-485 cannot be approved without an underlying petition. So if the I-130 was denied, the I-485 must be denied as well. They seemingly just have not gotten around to it yet.

 

That said, if a notice was not sent then I would expect to be able to have them reopen the I130 (and I-485 if needed) and schedule a new interview.

If a notice was sent but not received, it is usually hit or miss if they will reopen the existing case (possibly with an MTR via an I-290B) vs require a completely new filing.

The challenge is it's hard to prove you didn't receive something. Since there's no tracking number, anybody could say they just never got the notice. Just verify the address on file is correct (if you moved, show that an AR-11 was properly filed).

[Mirobg 3]

52 minutes ago, geowrian said:

The I-485 cannot be approved without an underlying petition. So if the I-130 was denied, the I-485 must be denied as well. They seemingly just have not gotten around to it yet.

 

That said, if a notice was not sent then I would expect to be able to have them reopen the I130 (and I-485 if needed) and schedule a new interview.

If a notice was sent but not received, it is usually hit or miss if they will reopen the existing case (possibly with an MTR via an I-290B) vs require a completely new filing.

The challenge is it's hard to prove you didn't receive something. Since there's no tracking number, anybody could say they just never got the notice. Just verify the address on file is correct (if you moved, show that an AR-11 was properly filed).

There's a record of me inquiring 7 days after the notification that an interview is scheduled, and before the scheduled date, why the notice hasn't arrived. It didn't show up in USPS informed delivery either. I also have a recorded call from last week where the agent on the phone tells me to wait, comes back says the notice was not mailed yet and I should wait more.

 

Right now, it feels like the case officer waited for us to reschedule, 3 weeks later we haven't so he or she probably assumed we abandoned the application and denied it 

[geowrian 22,336]

1 hour ago, Mirobg said:

There's a record of me inquiring 7 days after the notification that an interview is scheduled, and before the scheduled date, why the notice hasn't arrived. It didn't show up in USPS informed delivery either. I also have a recorded call from last week where the agent on the phone tells me to wait, comes back says the notice was not mailed yet and I should wait more.

 

Right now, it feels like the case officer waited for us to reschedule, 3 weeks later we haven't so he or she probably assumed we abandoned the application and denied it 

If I had to guess, I think you'll be alright with them just reopening the case and scheduling a new interview. Hopefully that is the case.

Please keep the thread updated.

Best wishes.

[Crazy Cat 39,631]

1 hour ago, Mirobg said:

Right now, it feels like the case officer waited for us to reschedule, 3 weeks later we haven't so he or she probably assumed we abandoned the application and denied it 

Please keep us updated.   I am very curious as to what that letter will say.

[sweetadams 138]

21 hours ago, Mirobg said:

There's a record of me inquiring 7 days after the notification that an interview is scheduled, and before the scheduled date, why the notice hasn't arrived. It didn't show up in USPS informed delivery either. I also have a recorded call from last week where the agent on the phone tells me to wait, comes back says the notice was not mailed yet and I should wait more.

 

Right now, it feels like the case officer waited for us to reschedule, 3 weeks later we haven't so he or she probably assumed we abandoned the application and denied it 

I had similar experience to yours. While waiting for AOS, Interview notice was never printed per the tier 2 officer and still got a No show for interview, the new interview notice was sent to a different unrelated zip code, before USPS was kind enough to send it back. Infopass back then helped and I also got Senator representing my area to assist, I was able to get another interview date. As rightly said, USCIS sometimes won't take responsibility for this mistake. You have to speak with a tier 2 officer to get infopass appointment. 

[HoUTX2020 10]

Similar thing happened here. Concurrent 130/485 for parent. 130 approved in April 2020. 485 denied in July and reason given was that we failed to respond to RFE that was supposedly issued in April. No status changes on online account/or case status to reflect RFE was issued and RFE letter never received. Still to date we do not know what was RFE about. Called USCIS few times between April and July to check on 485 status and officers on phone told us last status update "Fingerprint reviewed as of January 30" and to sit and wait as case is within normal processing times and nothing we can do about it. I even specifically asked officer about why I-130 is approved and 485 not touched along with it since they normally considering and reviewing both at same time, and office replied that is normal and they are not always processed simultaneously. I did filed 290B already, and is received and will see what happens!

[Mirobg 3]

I just received  more than 20 copies of the denial letter arrived today address to me and my USC spouse. The letters are dated August 25th, arrived August 27th. My I-485 was also denied, obviously

 

I-130 denial:

Quote

 

USCIS requested that you appear on August 4, 2020, for an interview about your petition. However, you did not appear as requested. You also did not submit any correspondence explaining why you were unable to appear for the interview. Therefore, your Form I-130 is considered abandoned and is denied. See 8 CFR 103.2(b)(13)(ii)

 

There is no appeal to this decision, but you may file a motion to reopen or reconsider. Your motion to reopen or reconsider must be filed on Form i-290B, Notice of Appeal or Motion, within 30 days of the date of this notice. You must mail your Form I-290B along with appropriate filing fee and other documentation in support of the motion, to the correct address. Do not mail your completed FormI-290B to this office

 

The I-485 denial says I may not appeal the decision to deny but if I believe the denial is in error I may file a motion to reopen or motion to reconsider using Form I-290B, Notice of Appeal or Motion. 8 CFR 103.59(a) 

 

Guess I'll have to get a lawyer

[RamonGomez 259]

Ugh I can't believe that this kind of stuff is happening in 2020. The process should be fully electronic by now with near-real-time tracking. What a mess.

 

Back when you could get InfoPass appointments online, you basically had to check 24/7 until a slot opened up since they were always full. Now you'll have to call USCIS, plead your case, and hope you get put into the T2 Agent queue. The one time I had to call USCIS and speak to a T2 rep, I called at 10am, and I was called back at 8:45pm by a T2 agent and nearly missed the call 😡

 

Definitely call USCIS ASAP and do whatever it takes go get a T2 officer. Hopefully either they can put in a reschedule request, or they can schedule an InfoPass and you can request a reschedule at the field office.

Edited August 28, 2020 by RamonGomez

[Mirobg 3]

14 hours ago, RamonGomez said:

Ugh I can't believe that this kind of stuff is happening in 2020. The process should be fully electronic by now with near-real-time tracking. What a mess.

 

Back when you could get InfoPass appointments online, you basically had to check 24/7 until a slot opened up since they were always full. Now you'll have to call USCIS, plead your case, and hope you get put into the T2 Agent queue. The one time I had to call USCIS and speak to a T2 rep, I called at 10am, and I was called back at 8:45pm by a T2 agent and nearly missed the call 😡

 

Definitely call USCIS ASAP and do whatever it takes go get a T2 officer. Hopefully either they can put in a reschedule request, or they can schedule an InfoPass and you can request a reschedule at the field office.

 Last week it was rather easy to get to a T2 officer and only took me a total of 2 hours and 20 on hold after being dropped when an agent answered the first time. He would not discuss my case at all over the phone except to give me the date and time of the appointment.

 

I'm on hold now with USCIS on the phone.

Edited August 28, 2020 by Mirobg

[RamonGomez 259]

1 minute ago, Mirobg said:

I'm on hold with them now. Last week it was rather easy to get to a T2 officer and only took me a total of 2 hours and 20 on hold after being dropped when an agent answered the first time. He would not discuss my cast at all over the phone except to give me the date and time of the appointment.

 

I'm on hold now with USCIS on the phone.

Odd that they wouldn't say anything. It's been some time since we AOS'ed but I recall that the field offices were the ones that did everything with scheduling appointments. I think T2 officers used to be able send request re-schedules to the field office without you having to go for an InfoPass but all this stuff seems to be changing constantly.

 

We moved while we were waiting for our interview and submitted the address change form. All communications from USCIS started going to our new house - except our interview notice which was still addressed to our old place. It was delivered with a yellow mail forwarding USPS sticker on it and our lawyer received a copy. When we mentioned this to the USCIS officer at the interview, he said there are like "5 systems they use and they're not all linked up to one another" - interview scheduling is one of the 5 systems... What a mess.

[HoUTX2020 10]

1 hour ago, RamonGomez said:

Odd that they wouldn't say anything. It's been some time since we AOS'ed but I recall that the field offices were the ones that did everything with scheduling appointments. I think T2 officers used to be able send request re-schedules to the field office without you having to go for an InfoPass but all this stuff seems to be changing constantly.

 

We moved while we were waiting for our interview and submitted the address change form. All communications from USCIS started going to our new house - except our interview notice which was still addressed to our old place. It was delivered with a yellow mail forwarding USPS sticker on it and our lawyer received a copy. When we mentioned this to the USCIS officer at the interview, he said there are like "5 systems they use and they're not all linked up to one another" - interview scheduling is one of the 5 systems... What a mess.

Definitely is a mess. In our case "status never changed", notice never arrived. Did not know RFE was issued until denial letter came to us. We called USCIS twice to check case status between alleged RFE issue date and denial date and they told us just sit and wait case is within processing time. It looks like only adjudicating officer knew RFE was issued and nobody else in or out of USCIS.   

[Mirobg 3]

couldn't get a Tier 2 due to them not accepting any transfers today.

 

The Tier 1 agent confirmed again that interview shows as scheduled but not mailed. I guess they made up for that yesterday, when both of us got ten copies each of our denial letter. They were mailed from the local DHS office with a stamps.com postage stamps 😒

Edited August 28, 2020 by Mirobg