My wife doesn't know if she passed her citizenship test.

[OldUser 5,060]

10 minutes ago, IandI100 said:

Yeah and multiple tier uscis officers and multiple service requests state that it's in the que for reschedule and it's not denied.  Multiple people making the same mistake is more unlikely.   

Are you familiar with the saying "A billion flies can't be wrong" ?

 

Did anybody give you a written letter saying your interview will be scheduled or better, time?

 

Ok, I'm out of this thread for good. Will only react / spectate moving forward. Or congrarulate if you manage to pull this off without refiling I-751.

Edited December 20, 2022 by OldUser

[midwinterrose 263]

3 hours ago, IandI100 said:

"I want copies of the denial notice and interview notice specifically regarding the i751"  quote from the foia

  I am.at work and can't redact and send pic right now

If USCIS cannot produce an interview notice that they sent to you, then things are looking good for you.

 

I think the fact that they have accepted your request for reschedule of the interview is a good sign.  At this point you're basically trying to get out in front of any accusations USCIS might try to make of negligence on your part.

 

Use the FOIA to the best of your ability as a window into what evidence USCIS has for their version of events so that you are properly prepared to make your counter arguments.

[IandI100 31]

3 hours ago, OldUser said:

Are you familiar with the saying "A billion flies can't be wrong" ?

 

Did anybody give you a written letter saying your interview will be scheduled or better, time?

 

Ok, I'm out of this thread for good. Will only react / spectate moving forward. Or congrarulate if you manage to pull this off without refiling I-751.

 

[IandI100 31]

2 minutes ago, midwinterrose said:

If USCIS cannot produce an interview notice that they sent to you, then things are looking good for you.

 

I think the fact that they have accepted your request for reschedule of the interview is a good sign.  At this point you're basically trying to get out in front of any accusations USCIS might try to make of negligence on your part.

 

Use the FOIA to the best of your ability as a window into what evidence USCIS has for their version of events so that you are properly prepared to make your counter arguments.

Yeah no denial of the i750 and no copies of any interview.  Tier 2 along with tier 1 all say its in que to be rescheduled. The screen shot I just posted doesn't even state the i751 or reference it.

[midwinterrose 263]

1 hour ago, IandI100 said:

 

This seems to only be a snippet of the letter, but it looks like USCIS is stating here that they did not receive a change of address from you.  When did you submit your change of address form?

 

They definitely referenced your I-751 here when they state that "You filed a Joint Petition to Remove the Conditional Basis [...]". The joint petition is your I-751.

Edited December 21, 2022 by midwinterrose
Add detail about reference to I-751

[Family 3,549]

7 hours ago, IandI100 said:

Yeah no denial of the i750 and no copies of any interview.  Tier 2 along with tier 1 all say its in que to be rescheduled. The screen shot I just posted doesn't even state the i751 or reference

The denial letter from May 7, 2021 with the stamped date is not unusual or odd, they frequently use the date stamp . ( I had chance to see it before it was taken down). and have seen plenty before....but as you noted, went to wrong address.

 

The Lack of Notice argument you made was twofold: No Interview Notice and No Denial Notice …and even covers such oddities as non delivery by post office even if it had been sent to the correct address.

 

 

[Family 3,549]

15 hours ago, Crazy Cat said:

How do they prove they sent it, other than having a copy of the letter in the file

You are correct in that USCIS does not have to prove they mailed it out , there is a presumption of effective delivery ..but can be shot down if the person never received the notice ….by a sworn affidavit and a few other things , ( see link) all of which OP was doing from day of of this thread.

 

I for one,  have used the following successfully both w USCIS and EOIR .. and wanted all who have engaged w OP and tried to help, to perhaps see there is really no worry..
 

https://www.americanimmigrationcouncil.org/sites/default/files/practice_advisory/lac_pa_092104.pdf

 

The presumption of effective service can be overcome if the respondent demonstrates nondelivery or improper delivery by the Postal Service. Id. Nondelivery or improper delivery can be established by submitting substantial and probative evidence, such as documentary evidence from the Postal Service and affidavits. Id. For example, if there were ongoing problems with the mail delivery, you may want to provide details about the problems and affidavits from people with direct knowledge of the problem.

 

There is a weaker presumption of delivery where the notice was sent by regular mail. Matter of M-R-A-, 24 I&N Dec. 665 (BIA 2008); Matter of C-R-C-, 24 I&N Dec. 677 (BIA 2008). In determining whether the respondent has overcome this

presumption,

 

the immigration judge must consider both circumstantial and corroborating evidence, and may consider a variety of factors, including (but not limited) to:
-- respondent’s affidavit

-- affidavits from family members and other individuals who are knowledgeable
about the relevant facts

-- respondent’s actions upon learning about the in absentia order and whether he or
she exercised due diligence in seeking redress

-- any prior affirmative application for relief or application filed with USCIS or
prima facie eligibility for relief (to help establish an incentive to appear)

-- previous attendance at immigration court hearings

-- other circumstances or evidence indicating possible non-receip

[IandI100 31]

10 hours ago, midwinterrose said:

This seems to only be a snippet of the letter, but it looks like USCIS is stating here that they did not receive a change of address from you.  When did you submit your change of address form?

 

They definitely referenced your I-751 here when they state that "You filed a Joint Petition to Remove the Conditional Basis [...]". The joint petition is your I-751.

 

[IandI100 31]

11 hours ago, midwinterrose said:

This seems to only be a snippet of the letter, but it looks like USCIS is stating here that they did not receive a change of address from you.  When did you submit your change of address form?

 

They definitely referenced your I-751 here when they state that "You filed a Joint Petition to Remove the Conditional Basis [...]". The joint petition is your I-751.

This is the only reference to the missed interview. It is basically stating a failure to show up.  There is no denial of the i751 stated on this.  I haven't told anyone here this yet but my mom works for the uscis. The reason why this foia document but no evidence of the i751 denial is because it takes multiple steps and multiple processes and multiple hands to process paperwork fully. One person interviews, one person stamps, one person files, one person moves files to be moved elsewhere.  I am just explaining how they work in there lol. Yes the i751 was probably headed in the direction of a denial through its multiple steps and hands but never officially denied in any way that I or any other 1800 number tier 1 And 2 officer needed to see.  A tier 1 and 2 sees important general information, they don't need to see info like Joe blow stamped a paper on Tuesday while eating chicken salad.

 

This pic looks like a typical stamp placed after a no show, not any i751 denial. 

[midwinterrose 263]

43 minutes ago, IandI100 said:

There is no denial of the i751 stated on this.  

This pic looks like a typical stamp placed after a no show, not any i751 denial.

Dude, it literally says "TERMINATION OF CONDITIONAL RESIDENCE STATUS" at the top.  You can believe whatever you want about how official or final it is, but you can't deny what it says in plain English.

 

Still, it was addressed to the wrong address.  I would bet anything that if an interview notice was mailed out, that it was addressed to your old address as well.

 

The key question, which I have asked three times now and you seem reluctant to answer, is, WHAT DATE DID YOU FILE THE AR-11 CHANGE OF ADDRESS?. If it was before the March 2021 interview, then you're golden.  If not, then you're probably screwed.

 

[Crazy Cat 39,575]

1 hour ago, IandI100 said:

This is the only reference to the missed interview. It is basically stating a failure to show up.  There is no denial of the i751 stated on this.  I haven't told anyone here this yet but my mom works for the uscis. The reason why this foia document but no evidence of the i751 denial is because it takes multiple steps and multiple processes and multiple hands to process paperwork fully. One person interviews, one person stamps, one person files, one person moves files to be moved elsewhere.  I am just explaining how they work in there lol. Yes the i751 was probably headed in the direction of a denial through its multiple steps and hands but never officially denied in any way that I or any other 1800 number tier 1 And 2 officer needed to see.  A tier 1 and 2 sees important general information, they don't need to see info like Joe blow stamped a paper on Tuesday while eating chicken salad.

 

This pic looks like a typical stamp placed after a no show, not any i751 denial. 

Why are you so hung up over the date stamp?  Why would an internal memo be addressed to you or your spouse?  That is a denial letter. It CLEARLY states that it is a denial of the I-751.  "Your application is hereby denied in accordance with...."   I have even given you other examples where they used a date stamp.   I sincerely hope you can win this case, but I think you are "barking up the wrong tree".  Good luck.   I think the address change is your key to overcoming this.

Edited December 21, 2022 by Crazy Cat

[IandI100 31]

20 minutes ago, Crazy Cat said:

Why are you so hung up over the date stamp?  Why would an internal memo be addressed to you or your spouse?  That is a denial letter. It CLEARLY states that it is a denial of the I-751.  "Your application is hereby denied in accordance with...."   I have even given you other examples where they used a date stamp.   I sincerely hope you can win this case, but I think you are "barking up the wrong tree".  Good luck.   I think the address change is your key to overcoming this.

The date is May 7th on the stamp date. What was may 7th??   

 

Where we disagree so far.

1. A denial notice or interview notice should be easily found or recieved by petitioners through mail/online notification/email.  You guys so far have held opposite views on this. That's its normal to not recieve and not know about any of these things as a petitioner. 

 

2. Multiple tier 1 and tier 2 officers should be able to know if an i751 is denied or not.  You guys have opposite views on this and state that they don't know/shouldn't know/can't know/can't see that info.

 

Summing up the views of you guys: BOTH the petitioner not being able to see an interview request or denial letter AND multiple tier officers at the uscis not being able to see a denial notice or interview notice is common and normal uscis procedure.  

 

[Family 3,549]

1 hour ago, IandI100 said:

The date is May 7th on the stamp date. What was may 7th??   

You are off base . This is exactly what it looks /reads like …but I don’t understand why you are stuck on it, since it was already overcome and you will be rescheduled. 
 

There is also nothing unusual for the date to be the day of the interview..I stated that in earlier post. 
 

Anyway , you will be fine and I wish you luck . Hopefully you take the other 3 actions ( congressman, supplemental filing to field office and omnbudsman). 
Good luck 

[Family 3,549]

2 hours ago, IandI100 said:

haven't told anyone here this yet but my mom works for the uscis

Then why on earth are you looking for help on a DIY forum …??

 

[Rocio0010 5,572]

4 hours ago, IandI100 said:

my mom works for the uscis.

Then it’s strange that you still keep the faith on tier 1 officers? 
 

Have you told your mom about your situation? What advice has she given you?