mander1141

I believe if you check Mrs original AOS notice for interview youll see that Mrs AOS notice for interview based on marriage requires both MR and MRS mandatory attendance.

So if you could get a statement from work saying Mr was scheduled to work on X date and scheduled off on Y date. Its a true statement. It may be your only loophole to make a true statement and get a new interview.

Yes, it was your fault for picking the wrong date off. But the fact is, you were required to be at work on the date of the interview. You could not attend the mandatory interview with her. That should entitle you to another interview.

They could reject this and say- we researched this and found you had plenty of advance notice and you shouldve been able to get this day off from your company so were not going to give you another interview. Denied. But I think like Vanessa said a long time ago, they just want the MTR fees.

Here is an update.

We went to our InfoPass appointment this morning. A number of things worked in our favor: an ISO II interviewed us at the window. He asked what happened. I told him how I had wrestled with my conscience on this and decided that I could not lie to a Federal Officer, and told him our story honestly. He thanked me and asked to see all of the correspondence (Notice of appointment, request for new appointment, Denial Letters, InfoPass appointment). He seemed to arrange them in sequence in front of him. "I'm going to advocate for you with the ISO III." and directed us to wait. He helped an attorney for a few minutes with 3 of the cases he was representing ("Whew, he's ISO II," I thought.)

After a good half hour of waiting, he called us up to the window again. He had our complete A- file on the counter in front of him (It's a good 16" tall now). "I'm sending this upstairs to the ISO III, who wants to look this over. I'll call you back when I have a decision." Another wait of about 30 minutes.

He called us back up. His expression was a little difficult to read, and he was pushing our passports and letters back out on to our side of the counter. "The ISO III is sympathetic to your case, and is going to file an Administrative MTR on your behalf. I was able to pull you call record to the Customer Service Center (THIS IS IMPORTANT, FOLKS) and your story about attempting to call as soon as you discovered your mistake checks out. Sometimes, 'Honesty is the Best Policy,' and the ISO III is sympathetic because it's clear you made a mistake and took what steps you could to try to keep your case open and the MTR will reflect that and the fact that you attempted to reschedule prior to the decision letter reaching you. There will be no charge to you for the MTR and you should receive a new appointment letter in 60 days. Your wife and Son MAY NOT leave the country, but their status has reverted back to protection through adjudication and her EAD is still valid".

I believe if you check Mrs original AOS notice for interview youll see that Mrs AOS notice for interview based on marriage requires both MR and MRS mandatory attendance.

So if you could get a statement from work saying Mr was scheduled to work on X date and scheduled off on Y date. Its a true statement. It may be your only loophole to make a true statement and get a new interview.

Yes, it was your fault for picking the wrong date off. But the fact is, you were required to be at work on the date of the interview. You could not attend the mandatory interview with her. That should entitle you to another interview.

They could reject this and say- we researched this and found you had plenty of advance notice and you shouldve been able to get this day off from your company so were not going to give you another interview. Denied. But I think like Vanessa said a long time ago, they just want the MTR fees.

Yes. Having slept on it, I think that is the most prudent route to go... While I wouldn't be able to get a statement from the attendance system (other than a print out indicating the day off, which I already have)I'm sure I can get an affidavit from my boss stating that I asked for the day off and also confirming that I had the Sheriff's Security Clearance Interview / Background Check scheduled for Tuesday of the same week.

Thanks for your assistance Capri. ::Fingers crossed::

The problem is that the system for taking time off is automated. Mr. USC schedules his personal necessity days off through the system.

Given that it is my WIFE and SON's AOS, and not that of the USC (me), and that I am the party delivering them to the Field Office for the Interview. Could it be considered that negligence on my part (Getting the dates mixed up, taking the wrong day off, etc) was beyond their control, and thus a reasonable excuse as to why they didn't show up?

OP: the person told you to submit the form. They decide if it gets reopened. I would throw yourself on their mercy, with that form, even though it doesn't seem to qualify. Worst case, you apply again with I-485.

So it's a $600 gamble to try this way, to save $400 if you just reapplied with the I-485. Personally I would do the MTR since the person told you to do that. I would put it in your letter that you were instructed to do this.

Very sound advice and in the end that is likely the approach I will take.

To file a motion to reconsider youd have to show they based their denial on an incorrect application of law and show the law they got wrong.

So going back a page or two, as the user in the other legal site posed and was advised to by a lawyer, it seems the best option is to check A- file an appeal.

Filing an appeal means you dont need to quote the law.

Submit a brief.

At the top of your Brief Title it

" A MOTION TO REOPEN AND RECONSIDER APPEAL AND IN THE ALTERNATIVE APPEAL"

Then say Please reopen and reconsider based on the evidence i am submitting and in the alternative, consider this an appeal.

Go on to list the policy that states you can reschedule. List your reason for not attending. Are you sure you mixed up the dates and did not have a different reason for not attending? This would go over a heck of a lot better if you had a different reason.. But it is what it is. To quote a policy, youd find it in the field manual and take the little letter and number from in front of it and the section. You can also print out the page and attach it. You could also get a statement from your job possibly saying you were required to be at work that day and had the day you thought you were suppose to be at the interview off. That to me seems like a very honest statement. You were required to be at work. you didnt take the time off. its a little treading on thin ice because you technically didnt ask for the day off- but a statement saying you were required to be at work on that day is not a false statement. And a statement saying you were required at work will be enough to be approved.

Okay a Motion to Reopen and Reconsider Appeal and in the Alternative Appeal with our story in the Brief, it is.

Yes, it's tempting to say that 'A speeding boulder hit my car and that's why I have a big dent in the rear of it'. However, that isn't the case here. I know from reading a lot this week that the system seems to encourage lying to Federal Officers in order to overcome (what should be) a simple obstacle.

I can't do business that way. Somewhere there must be a mechanism to state our case honestly and receive a pardon. I'm going to keep researching...

Thanks for your assistance!

-Mal

Follow her instructions.

The problem I have is that I now realize that her instructions: "Submit an I-290B" aren't all that simple. I'm not a lawyer, so I haven't got a clue as to how to properly write our statement.

Does anyone here have experience in this area? Is there an example statement I could have a look at? Do I need to collect depositions? There are plenty of people around here in my neighborhood that we had conversations with (including my parents, through phone calls - maybe emails too) that knew that we thought our appointment was for Monday rather than Friday. If I have emails, how do I submit them in a way that is acceptable/admissible to USCIS?

Thank you, one and ALL. I anticipate a busy weekend ahead, as I want very much to get this to the proper people ASAP.

She gave him the motion to appeal form.

When they or if they decide to move forward with deportation its not like you just get a notice that says 'congratulations youve been deported'. Youd first get a notice that says youre eligible for deportation, and theres a hearing set. Its a process. Youd have a chance to file your 485 then. So you get a notice that says theres a deportation hearing. They dont just come and take you away.

So shes telling you, you can file the 485 anytime. You can hold off filing it. If it becomes necessary to file it (you get a deportation notice that a hearings set) you may want to. You can not file the 485 and go to the hearing and explain to the immigration judge you have a motion to appeal pending and if it fails you will be refiling the 485 as you are able to adjust status that way legally and he may cancel the deportation order. He may say nope thats not good enough, file it now. Its really up to the judge. The thing is a K1 has no status. Youre out of status after 90 days. So youre eligible for the deportation order to be generated. Its going to come down do they want the extra fees they get from having you file the form again (they usually do)

From my understanding the deportation order is going to come from the same person/dept that generated the denial. So if shes saying- youre not going to be facing deportation orders going out, then I would trust her. For the deportation order to go out they have to recommend them to. They have to place the case into removal proceedings based on the denial at their local office. Shes saying they are not going to be doing that. I would trust her. Worst case, if shes wrong and you get a hearing for a deportation order, you take it from there. Like I said you can either promptly file the 485 or go speak the judge and see if he'll waive the order or force you to file the 485 to cancel the order.

For your motion- I kind of agree you dont really have legal grounds to appeal it on as most things I read said Oops is not enough to get it reversed. But from what Vanessa said, they just want the fees.

I guess try to fill out the MTR the best you can. Do not say on it "i know we have no legal grounds" lol.

I believe successful MTRs are ones where people can show they had good faith in attending the interviews and did not attend because a circumstance out of their control prevented them from attending.

So perhaps just a simple explanation of we received the interview notice, misread it, went to the field office on the date we thought the interview was, when we got there we found out the interview was Jan 25th and not Jan 28th. We were given this form to fill out. You can attach perhaps a letter from your job showing you requested time off for Jan 28th (if they could write it was specifically for the interview that could help) maybe the same from your sons school, if you gave them advance notice of his absence.

::: I'm Learning a Few Things and Documenting Them Here :::

If you use your EAD while Adjusting Status, you could lose your non-immigrant status. This isn't an issue in our case, but might have unexpected consequences for anyone in a similar situation that uses it while in AOS.

Motion to REOPEN (Not Appeal) is the proper course of action here. The I-485 paperwork remains at the Field Office and the MTR is to be sent to the Field Office, and not to the other addresses listed on the form. The MTR in this case is decided at the field office at the discretion of the Immigration Officer (or Supervisor?).

i say take all of the appointment letters, your wife and her child,

and go in on Monday. Don't get caught up on concept of 'we are coming in for infopass' at all.

Stick with the concept of 'we missed the appointment, please have pity on us'

as

the casefiles are most likely still there.

it's THEIR interviews, not yours.

Be prepared, just in case the IO does take pity on you and acquiesces to an interview on the spot.

IMO - that's what you want - an interview on the spot, for the two of them.

-----------UPDATE--------------------

We went yesterday. We got passed the guards. We didn't have to wait in line. We got as far as the Clerk (who seems to be in charge of forms / InfoPass appointments and the largest wall of bureaucracy). We told her our story. We explained that we know we were negligent, because even though we didn't intend to miss our appointment we should have known better. We aren't here with an excuse, we only have an explanation, etc.

She said that no I/O will talk to us. And pulled out two copies of I-290B. I said, but we have no legal basis to ask that it be re-opened and she hesitated. "Do you have your letter?" My wife hauled out her ::SUITCASE:: of documentation, and handed over the letter. She began reading it, got about through the first paragaraph.."what does this say?" she said to herself. "I'll be right back"

She disappeared for about two minutes... Yes, file an I-290B. What if we lose? I said. While we are chasing after this I-290B, we are spending $1,260 and my wife has no legal protection against deportation. "She's not going to get deported! You only missed an appointment! Besides, you can file the I-485 at anytime! Don't waste your money on that!" Yes, but what if???

She disappeared again and was gone for quite some time. A line of people was beginning to form behind us. She came back, and looked me in the eye: "Don't waste your time and money on the I-485. Complete this form, and bring it back here. This address, HERE."

------------ UPDATE COMPLETE --------------

What to do??? I don't know who she was talking to and I'm pretty much convinced that we have no legal basis to file an I-290B. But as you can see ^^^ she was adamant that we go this route, and not delay, either.

Thanks,

-Mal.

You'll notice my post was edited and that's 'cause as soon as i hit send on "yeah take them with you" I realised i was an idiot We all make mistakes and lately I seem to do them a lot!

I definitely think he needs to make an infopass because maybe he sees someone sympathetic... at the very least he knows he crossed that off his checklist.

I was just reading online that filing an MTR does not give them legal status so they recommend re-filing the i-485 (still based on the K1) to ensure their status is safe.

Hi Again Capri and Vanessa,

I'm feeling really dense, because you both keep mentioning 'Making an InfoPass' and I keep saying I have an InfoPass appointment for February 15th, but am going to try brass my way into the USCIS Field Office in San Bernardino tomorrow morning without an appointment. Are we talking past each other, or is there another type/location of InfoPass that I'm not aware of? Should I not try to go into the Field Office tomorrow AM?

Thanks and sorry for the confusion!

-Mal

Her K1 petition is still valid and that's what she's applying to adjust status based off of so you would just need to re-file the I-485's (as well as doing new medicals).

Her K1 VISA actually expired the second she used it. The date on it was the date she had to enter the US by or she couldn't use the visa to enter, but as soon as she used it it was void.

There shouldn't be anything preventing you from re-submitting the I-485. Worst case scenario (if they don't just overturn the denial and let you proceed with interview) is you need to re-file the I-485. She doesn't need to leave the US, neither does your step-son. They do NOT need to leave.

Also, her EAD and AP are no longer valid. If you end up re-applying then I would not allow her to leave the US without the GC. I wouldn't want to risk USCIS being sh*ts about letting her back in.

Okay, good to know. Thank You for this. I think I have the proper mind-set for tomorrow and the path to follow (If not A, then B).

It was a foolish mistake and the only positive thing is at least she's here on the k1 and CAN appeal (VWP isn't so lucky). It's an expensive lesson for sure!

For clarity, can we refile? -My wife's K-1 expired in September. Yes, refiling an I-485 is expensive, but given all the natural consequences as a result of what has occurred, an accepted I-485 and new interview date looks VERY ATTRACTIVE to me at this point!

Thanks,

-Mal.

Denials are often sent same day. I've discussed this before in other threads when someone said "you're only a day or so late, call and reschedule" only for that poster to come back and say "they already denied me". There have been several posters who've missed their appointments and got the denials sent out same day, but there are others who don't get the denial the same day. It appears to be a "per office" thing. Some must audit at the end of the day, others may do it on a certain day of the week (depending on how busy the office is).

The child denial being a different day isn't unusual either as the child's case is tied to the mothers and it's likely they denied the mother first, which auto-denies the kid, or maybe they had to go back in.

They could call same day and reschedule, they can file MTR based on evidence of having been in an accident (or an infopass even) and that's why they missed the interview. But same-day denials are more common than you think. They want their money from the MTR. Their reason for not attending was looking at the notice wrong.

Agreed. After reading and rereading a lot of stuff here and elsewhere, I see that I won't get any sort of traction (or make any new friends) trying to go down that road. Do I file a MTR? I'm thinking at this point it's time to move on and refile the I-485, if it's right and proper to do so?

The OP didn't call USCIS until Monday and acknowledges he didn't even try and call on the day he realised. I would have certainly picked up the phone to TRY. Sent out and email or SOMETHING.

Their only chance is someone sympathetic because they did the right thing in denying it. I know mistakes happen but I would have checked that letter a half-dozen times the same day i got it then put the date on my calendar in red marker. It's not a "just glace at it" date, it's a look at it, check the calendar for what day that is, look at the date again, look at it a week before your appointment etc. It was a foolish mistake and the only positive thing is at least she's here on the k1 and CAN appeal (VWP isn't so lucky). It's an expensive lesson for sure!

Yes. I did attempt to call the number at the bottom of the form as soon as I realized what had happened at about 2:00 am on Sunday morning. I was hoping for a 24 hour answering service or voicemail. There was none; so 8am Monday morning was the soonest I could respond. Bottom line: We were negligent. There is no argument there. Woulda', Coulda', Shoulda', we didn't; and that's why we're in this mess.

You wife MUST attend. It is HER infopass. Not yours. I would also bring your step-son, if there's even the smallest chance to interview you then and there I'd make yourselves available for it. If it turns out not to be a good experience you could ask the officer to let your step-son step out of the office so he isn't exposed to that.

Again, you are simply the sponsor, your wife is the Applicant. the AOS is HER process. This is HER infopass so she MUST attend. They will not see you by yourself, and hopefully they let you attend with her.

Tomorrow I/We will have no InfoPass. As you and others have suggested, I will try to brass my way in and hope to find someone sympathetic who (despite doing the right thing in denying our application) has the authority to grant my wife and son another appointment. We have an InfoPass for the 15th of the month, the earliest available appointment on the system. Other than USCIS customer service, I haven't been able to speak with any humans.

Continuing questions:

1) May we refile our I-485?

2) Failing the 'Pity us' approach at the Field Office tomorrow, and as we have no compelling reasons for filing a MTR, should we bother with the time and expense of doing so?

Thanks,

-Mal.

I thought that the speed and certainty of the denial was 'odd' as well. But our process to this point hasn't exactly been smooth-sailing, either. I needed to make some phone calls to State while we were at the Embassy stage, because NOTHING was happening (our application was clearly misplaced, though no-one would admit to it) and finally (months and months later), a request for a second NBI background -which aren't worth the paper they're printed on from a 'this person is fit to travel overseas' perspective. Which ended with an 'expedited' ('sheepish' might be a more accurate description)handling process after the NBI was submitted. I imagine all of that is noted in our file, Sooooo....

The last time I visited the Field Office (San Bernardino) we were literally one of two appointments there. I have a miniature 'Leatherman' type tool set that I keep on my key-ring, which security amused themselves with (jokingly) after allowing us to pass inside (I won't be bringing it with me this time!). I'm sure that getting in the front door won't be a significant problem. The problem might be the clerk inside, a 3rd Degree Blackbelt in the Art of Bureaucracy.

How can I get past her to speak with an IO, preferably the IO we had the original appointment with? Should I bring my wife and son (now age 14) with me and all of our papers? -This could be a rough ride, I'd hate to expose them to all of that.

Thanks,

-Mal.

As a bit of off-topic: I found a memo (2009) specifically addressing Failure to Appear if the Petitioner is in the military. Neuburger directed the centers to do an investigation before issuing any Denials and goes on to describe prescriptive remedies. Not that any of this should be surprising. However, he states in the preamble to his memo that they are doing all of this in an attempt to 'Standardize' the way that they do business. If so, might there be a policy in the works to create a similar process for civilians?

Capri,

Thank you very much for the information. I will think on it tonight (I'm getting '1000-yard stare' from being on the computer so much today) and work with it some more tomorrow. In my heart, I agree that a new I-485 is the way to go. And as you say, almost the equivalent price. Maybe the thing to do is show up with the family, eat a lot of crow and humble pie and hope for the best. If we get tossed out, show up on the 15th prepared to ask questions about re-filing.

Thanks again,

-Mal.

Are you sure your wifes denial notice is dated the same date as her interview? Thats highly unusual...

Usually they give you an opportunity to reschedule. You have your interview. You dont show up. They dont typically send out the denial notice the same day. They dont know why you didnt show up. You couldve been in an accident. It couldve been a medical emergency. Maybe you or your spouse had a heart attack or went into a diabetic coma. They dont know. They typically give you 24-48 hours to call up or go to an infopass location to alert them to whats going on/ your reason for not showing to reschedule before they send out the denial letter.

So your son getting his denial letter for missing an appt on the 25th, dated the 28th, makes sense. Your wife getting a denial letter for missing an appt on the 25th, dated the 25th- does not. Especially when it was the same appt they missed. The denial letters should have been issued by the same person at the same time. Something is wrong with the whole thing...

Its kind of one of those things though that while its 'odd' it may not be of any help to you. You can use it in your argument of 'this wasnt fair, I didnt have an opportunity to reschedule' and try to appeal to the infopass employee, but like I said, I believe once the denial notice was issued, the infopass employee cant override it put you in a slot. Perhaps they can though. (fingers crossed they can)

I do believe you should take Darnells advice and go to infopass on Monday, appt or no appt. Bring your notice for the 15th. Use it to get pass the guards if you need to (depending on the security set-up they may require a notice to get in the building, sometimes they check them, sometimes they dont, if they say the dates not correct, just either play it off and say you were able to change the date to an earlier time online and you didnt print the new confirmation or plead with them to get in. Sometimes its just a general security check at the main entrance and you dont need to show anything to enter the building but an ID) Once youre in the actual infopass office, get online if you can. If theres a security guard there that you have to deal with- then plead with him to be able to get on the line. Just take it as it comes. Go as far as you can with out saying "Im not suppose to be here- I dont have an appt."

It doesnt matter whose A# you use to make the appt with. Its just a general reference number for infopass.

I thought that the speed and certainty of the denial was 'odd' as well. But our process to this point hasn't exactly been smooth-sailing, either. I needed to make some phone calls to State while we were at the Embassy stage, because NOTHING was happening (our application was clearly misplaced, though no-one would admit to it) and finally (months and months later), a request for a second NBI background -which aren't worth the paper they're printed on from a 'this person is fit to travel overseas' perspective. Which ended with an 'expedited' ('sheepish' might be a more accurate description)handling process after the NBI was submitted. I imagine all of that is noted in our file, Sooooo....

The last time I visited the Field Office (San Bernardino) we were literally one of two appointments there. I have a miniature 'Leatherman' type tool set that I keep on my key-ring, which security amused themselves with (jokingly) after allowing us to pass inside (I won't be bringing it with me this time!). I'm sure that getting in the front door won't be a significant problem. The problem might be the clerk inside, a 3rd Degree Blackbelt in the Art of Bureaucracy.

How can I get past her to speak with an IO, preferably the IO we had the original appointment with? Should I bring my wife and son (now age 14) with me and all of our papers? -This could be a rough ride, I'd hate to expose them to all of that.

Thanks,

-Mal.

I would assume so as well. You received 2 denial notices right? They had 2 cases? they wouldve received 2 GCs. The only thing joint wouldve been the interview. I dont think theyre going to let you get away with filing one motion to appeal/reopen/reconsider two cases.

Start at infopass. See if they will put you in for another appt. I dont think they will be able to though. Your appt was on the 25th. The denial letter was dated what? the 28th? If you had contacted them between the 25th and the 28th they most likely would have rescheduled you. You can and should attempt to argue (if the dates I gave are correct) that your interview was scheduled for Friday the 25th, you missed it in error and you contacted them the next business day- Monday the the 28th to see how to reschedule it.

They may tell you the same thing the second rep 'Bobby' did. That the date you attempted to reschedule was the same date or after the denial went out, so you cant reschedule. The system just wont allow them to put it in.

Im kind of a little confused as to why you called twice? Im kind of thinking you called at 8am and spoke to Laura who put in your reschedule request and then you got the denial in the mailbox so you called back and spoke to 'Bobby' who said- what Laura did is null and void since the denial was issued that day- is that about correct?

So go to infopass and find out if they have you in their system or not. Bobby could be mistaken. If hes not, again, you can attempt to argue that you called the same date the denial notice was generated and it should not have been generated- but I think its going to be a situation where the infopass employee is not going to be able to override the denial and put you in to a interview slot.

If thats the case, then find out how to proceed. Find out if you need to submit one motion to appeal or two. ( I think 2). Find out if you need to re-apply with the 130 and 485 or the 797 from the k1 approval and the 485. Either way its going to be AOS based on your marriage, but having to file the 130/485 is going to cost you more then if youre able to send the approval for the 129 with the 485.

Hi Capri,

I'm still working my way through the information you sent in your prior post.

Yes. I called the USCIS Customer Service Center (Not InfoPass) twice.

The first time was as you said: The first business day after I DISCOVERED our error (about 2am Sunday morning). The USCIS Customer Service Center does accept Saturday calls, so I suppose the argument could be made that I should've made a call on Saturday.

The second call ("Bobby"): was immediately upon receiving the Decision/Denial (dated January 25th, the date of our appointment) letter for my wife, which was received on Wednesday. The Decision/Denial letter for my son (dated January 28th) I received on Thursday.

I made my InfoPass appointment yesterday, and it is to speak with an IO. The date of the appointment is February 15th. In making my InfoPass appointment, I used my wife's alien and receipt numbers.

I hope this is clear? Let me know if I need to explain things further. To be honest, I don't know what to say on the I-290Bs. I'm looking at examples online, and they don't match our situation, not one iota.

It's difficult to believe that I'm alone in this situation, and I'm surprised that this subject hasn't been flogged to death here on VJ and elsewhere. I feel like such a bonehead!

Thank you all for your thoughts.

I will go in on Monday as several of you suggest. The attorney said 'timely' about the request for a reschedule only in the sense that I attempted to do something as quickly as I could once I discovered that I had missed the appointment, not that I should expect that my request would be approved. -It wasn't. I just received those rejection letters in the mail this afternoon.

Do I need to file separate I-290Bs for my wife and son? -I assume so.

$630 times two = $1,260. -We're making all these mistakes so that hopefully someone else down the line doesn't have to!

Thanks,

-Mal.

Once you've been denied, unless it was in error (which this wasn't) then you're pretty much SOL and have to refile (I believe).

Here's why - the other poster that appealed, filed to re-open based on new evidence, that being the new sponsor. What is your "new evidence"? Can you post your denial letter or at least the reasons it lists for appealing? Usually it's something like "If you think this denial is in error you need to..." And they were correct to deny you, you missed the appointment and abandoned the process.

By all means speak with an immigration attorney and ask for their opinion on the denial/appeal and whether it's worth it. I would try and negotiate "If I don't get the appeal I don't pay" fees because they're less likely to just be trying to cheat you out of money.

I would also look at filing the I-130 and I-485 and what documentation you need for that. I'm not sure you need the I-130 honestly, the K1 is still valid and you married in the 90 days so you should just need to file the I-485 (but will most likely need another medical).

the denial notice usually gives 30 days, that's how long until she's out of status again and thus here illegally, unless you get her status extended by appeal/re-opening etc.

It might just be quicker (but not cheaper) to re-file the AOS... Lets see what others think.

Hello everyone. Thank you for your replies.

As you can imagine, I called everyone I could think of and posted here (naturally!). Most of the people I made appeals to did not respond.

Two People Did:

-- ONE --

The case work manager for a Southern California Congresswoman who has immigration and immigration reform as a major plank in her platform, initially refused to help me (even to answer questions) because we are not residents of her District. She said that (because we had missed our appointment) we were "immature", "childish", and etc. I asked her if she could just please read the denial letter and tell us what we need to do next, because frankly, having read it over again in the light of day, I don't understand what it says. At first she was reluctant ("It's very clear what it's directing you to do!!" "Your wife and son have 180 days to leave the country or they will be deported and then they will have to wait 10 years before they can return!") -The Denial letter makes no mention of time frames to vacate OR of the possibility of removal that she made in her statements.

I was angry, but I attempted to calm myself (and her too)and persisted with asking her to PLEASE read the letter and explain it to me. And then, thankfully, she caught herself and began to read it aloud. She was clearly struggling with it too. Finally, she said I should make an InfoPass appointment and request that THEY advise me.

-- TWO --

I heard back from an immigration attorney. He asked that I explain all that had happened in an email to him. I sent him the information I posted above and added as many additional details, A#, Referral ID, etc., as I could remember. He replied back to me yesterday afternoon. I won't cut-and-paste his response or reveal his name (though if you want his name, shoot me a message and I will give his contact details to you privately). This was his advice:

1) Try Infopass first and explain to the officer (honestly) what happened and hope the officer accepts your story.

2) Since we already have a timely request for a new appointment in the system, see if s/he will set it in motion.

3) If not, request a fee waiver for the I-290 (motion to reopen) and explain that you are struggling financially(He advised that in the worst case scenario, I will have to pay for the motion to reopen).

4) Make sure we carefully check the date and attend the interview this time!

5) He also said that we do not need an attorney to do this "—save your money and do what I suggest" (above) first.

In all, a day of frustration and roller-coaster emotions; but we seem to now have a clear lane to begin navigating.

Our InfoPass appointment is on February 15th. I'll let you all know how it goes.

Thanks again All and Happy Groundhog Day!

-Mal.

Hello Everyone.

My wife and son had their AOS interview scheduled for last Friday (1-25-2013). Preparing for the interview was stressful, I started a new job, had to fill out and pass a background check and Security Clearance interview for my job on Monday of the same week. Even though we had each looked at our appointment letter at least a dozen times, somehow we got the receipt date (12-18-2012) and the Interview Date (above) juxtaposed, and got it into our heads that our Interview was for Monday 1-28-2013.

You seasoned folks know the result: we received our letter of denial yesterday 1-30-2013.

I didn't see our mistake until 2:00 am Saturday night, after completing all of the paper work, and double checking our appointment time. Lots of tears (my wife became physically ill worrying about the interview the previous week - so much so that I took her to see a doctor).

I called USCIS Customer Service at 8:00 am on Monday morning, and spoke with "Laura". She was very nice. Took our information, gave me Referral ID's for both my wife and son, and explained we would receive a receipt in 15 days and a new appointment letter in 30 days. Hugh SIGH of RELIEF!

I just called back to USCIS (Denial letter was mailed immediately after we didn't show for our scheduled appointment). Spoke with "Bobby". Not so friendly, but efficient and matter-of-fact. He informed me that since the reschedule was made after the date of the Denial letter, that it is null and void, and that we would have to follow the process in the Decision/Denial letter (Fill out form I-290b, pay $630, pray).

Ever forget to take your kids to Soccer practice? :: What a price to pay after having spent so much blood and treasure already!

Questions:

1)What next?

2) Should I get an InfoPass to the Center? What will be my reason/questions to ask when I go in?

3)What is the likelihood that our I-290b will be successful ("Laura" seemed to indicate that this sort of thing isn't unusual)?

4)Is it time to go see an attorney?

5)How long can my wife and son remain in the country?

6)Should I file an I-130 and I-485 right away and try to go that route?

Thanks very much in advance for your advice!

-Mal.

I hear one of them is planning on cashing-in on the McCain popularity by selling limited-edition batches of something called "Cindy-Beer..." I guess the idea is you buy a six pack and put it in the closet for 20 years and someday it will be worth something.

Boy, Howdy! Those half-siblings sure can come up with some embarrassing half-baked schemes to discredit their betters, can't they??

Cindy McCain Anyone?

What sister?

Hi ELW,

I should have mentioned we are 'second-timers'. I haven't updated our timeline here, sorry about that!

So my original question still applies... -Are they likely to get all pushed out of shape over a difference of 6mos? We got an RFE, but it looks to me like they are looking for things you have mentioned here before - passport stamps, boarding passes, and such.

Thanks,

-Mal.

Are you sure about this?? My Fiance and I were together last about 2 yrs and 6mos before we got the I-129 in. Is 6 mos. REALLY going to be that big of a hairy deal to them??

I thought it was required now I just saw your Timeline, so you were approved even though you last met over two years ago? I guess there ARE exceptions. congrats! (The requirement is for approving the I-129F so I would think your Administrative Review at the Consulate level is for another reason.)

Thank goodness for secret-ballot voting. With all of this shouting going on we'd never have free and fair elections under the old system. Aren't there other sites for these diatribes? Reading this drivel here is like finding a condom display in the cereal aisle at the supermarket.

-M.

and McCain is going to help us out...?? yeah right

I don't want to be helped out, don't need to be helped out. That's why Obama's approach to governmrnt as savior is so repugnant to me. He wants to continue the ** tradition of increasing dependancy on government to fill in for your on failings. That, sadly, is something that the morons who want easy cash from those with the ambition to earn it count on. It works all too well.

Hi ELW,

Are you sure about this?? My Fiance and I were together last about 2 yrs and 6mos before we got the I-129 in. Is 6 mos. REALLY going to be that big of a hairy deal to them??

Thanks,

-Mal.

They do not care how long you have known your fiance. In fact some people who file have known each other only for a few months or less! The only thing they care about is if you have met IN PERSON within the last two years. Waivers for the requirement do exist but I have never heard a case so far where they have approved them. Therefore YES, you will have a problem if you didn't meet in person within the last two years. Please do NOT send in the I-129F application till you make another trip to see your fiance in person, and save all proof (like photos, itinerary, boarding pass, hotel receipts in his country etc). It does not even have to be a long trip, even a week is enough. If you file the application before you meet in person again, it will be refused!

Just to clear up any past and future confusion: I-797E, NOA is a Request For Evidence... Just got mine from the 'tards today )o:,'

Mona Lisa,

No difference - they are all the same paper with the wavy background and fancy border on which various NOAs are printed.

Yodrak

Hi all, it seems stupid but i dont know what is the difference of I-797C, I-797E and I-797. Are they for differents kind of visa? what does the letters mean (C, E)? Please help me to understand it.

thank you soo much.

Mona lisa