bryane1

yes I was under the perception of fear of deportation as explained in my letter to the NBC who processed my file at their end and sent a completed file to the field office once they had my marriage ceriticate.

Yes I have had my interview and still not recieved my official notice of denial and I believe it is up for reconsideration

You're asking, if the person did not do the oath or affirmation is the decision made by the officer legal? Yes it is legal. They make the final decisions, whether you do the oath or not. They are also trained to tell if a person is lying.

Well if it is legal why the requirement of us to give our answers under oath or Affirmation, your arguement makes no sense,sorry

I am sorry I am fully aware of what an Oath or affirmation means....The question I am seeking an answer to, is is their decision legal having failed to give the oath or affirmation as it is a matter of procedure.

yes it is

According to the I -485 Instructions,quote; "

affirmation."

If an IOS asks you questions to which you answer without giving you the oath or affirmation, is any decision they make based on your answers legal?

In my opinion if she has "permenant resident" stamped in her passport she is allowed back into Australia and can reside there....I myself am a permenant resident of Auststralia living in the US now and am allowed back into Australia

Thank you mate good luck to you and thanks again for the support...the wife and I need it at the moment as we are still down over the "Denied Status" but am sitting filling the application again and getting a new package together

Not at all. We all need companionship.

Some of us need more than one shot at getting it right, myself included.

I got it right the first time wife passed away so decided to take a second shot before they throw in me in the box...lol

77 years old? No wonder you wanted to file early.

Just kidding.

Good luck to you!

Thanks mate you would think after 50years married first time I would have learnt my lesson...A slow learner eh!

Thank all of you who added a note of humaness to their messages now this is the last word on the subject....I am 77 years old so what the heck you have all had your say so now goodnight and God bless, the subject has been done to death.

What I don't think is understood is the process. The case is received and checked for payment and signatures. Then it is sent to the next station where it sits in a box, and it sits, and it sits, no one is looking at it or reviewing it. It is in line to be looked at but for now it is sitting in a box. The person at the national center, who looks at probably hundreds of files a day, saw the address it was being filed from and made a cursory review of the file prior to sending it to the field office. They may or may not have read the cover letter. They may not have cared. They were just making sure it appeared to be complete. Then the file was boxed up and sent to the field office. Where it sat in a box waiting it's turn.

About 90% of the time the file is awaiting adjudication it is just sitting in a box, waiting. No one is looking at it, no one knows about it, no one cares other than you. Maybe you can get them to accept a re-filing without paying again. Doesn't hurt to ask. But please remember, these are paper-pushers you are dealing with. They only care if the proper boxes are checked and the signatures are on the proper lines. They usually don't look at any additional materials until it reaches the actual adjudicator.

Sorry I worked in Gov't for 40 years but as the USCIS says...

When an application is submitted to USCIS, it follows a certain pathway with different offices serving different functions. The I-485 is receipted in at the Lockbox. The Lockbox primarily checks for signatures, correct fees, and visa availability. The Lockbox is run by contractors who are not trained in immigration law. If the case is accepted for processing, it will be routed to the National Benefits Center (NBC), which prepares the file for interview. The NBC will initiate background checks and do a preliminary review of the file. The responsibility for ultimate adjudication, however, rests with the field office. So, it can be months after submission that an applicant is informed that he or she is not eligible for the benefit sought.

So someone is responsible to check it??????????????????????????????????????/

Is it ? Wasting people's time for pretty dumb mistake like that ? All it does is increase wait time for others while USCIS is busy responding to something like that....

I did my fair share of waiting for others that at least wee notified of their RFE....something I never got

This is why it pays to READ THE DIRECTIONS. They are quite clear and there is no mention of needing to include a cover letter. Such things only confuse the recipient who follows a well established flow of protocol and procedure. I'm betting it got held up at NBC because they were scratching their heads trying to understand what it was, finally giving up and sending it to the field office to figure it out. They probably don't see too many of these.

I don't understand why nine days wasn't enough time to drop in a copy of the marriage certificate and send it on its appropriate journey.

Because the official certificate was not Available for 20 days

Thank you Christeen for your understanding

Sorry you are not understanding Uscis has had this since dec 11 2013 you would think somewhere in the food chain it would have been picked up ...not at the winning post as the adjucator said....I thank you people for your contribution but this is the end of the story my journey to get this far has been a hard couple years and that's been enough...I thought we were on this site to inform and learn and pass on our experiences not vilify each other

Here's what the Ombudsman said.

When an application is submitted to USCIS, it follows a certain pathway with different offices serving different functions. The I-485 is receipted in at the Lockbox. The Lockbox primarily checks for signatures, correct fees, and visa availability. The Lockbox is run by contractors who are not trained in immigration law. If the case is accepted for processing, it will be routed to the National Benefits Center (NBC), which prepares the file for interview. The NBC will initiate background checks and do a preliminary review of the file. The responsibility for ultimate adjudication, however, rests with the field office. So, it can be months after submission that an applicant is informed that he or she is not eligible for the benefit sought.

showing the NBC is resposible for preparing the file for interview by doing background checks and a preliminary review...It is at the stage the process should have halted and returned according to the adjudicator who is the one that noticed it was submitted before the marriage.

You people are being extremly harsh I admit in hindsight the fault was mine in submitting early but the USCIS should have not start processing it and sent it back to us with the fee, my covering letter states I am sending a head of time....DUH!!!!!! so they are as just to much to blame, end of story

Thank you what happened to a humane response all my documentation was correct they even admitted that and put the blame on the non-diligence of the NBC so there maybe grounds for a fee waiver as they advise that it should have not been processed beyond that point and they should have sent all documentation and fee back to us.

Hi all, I am at a loss to understand my AOS was denied yesterday on the grounds I submitted it prior to my marriage. It was submitted with a covering letter outlining my reason for doing so Copy of the letter....

Sir ,
I humbly submit this application ahead of of my marriage to my intended spouse on the grounds that our mariage is scheduled for 02/14/2014 and that my K1 visa date expires on the 02/25/2014, my concern is due to the shortness of time between those dates, would be insufficient to submit this application, also I have included our marriage licence as verfication of our intention to honour our vows and supply a marriage certificate when it becomes available in due course.

It seems this was acceptable by the National office who held my I 485 package until they received our Official marriage certificate before sending it onto the Santa Ana office where my AOS was denied on the grounds that we were not married at the time of filing. How can this just when the National Office accepted it and processed it further yet can be denied by the service centre? Or was the Service centre Official playing "GOD"!!!!!!! When all that had to be done was update the I 485 form. We were told, it would seem we would have to restart the process again and pay another $1000 for the privilage.

I am considering submitting this to the USCIS Ombudsman's Office for a reconsideration of the decisions,

Any thoughts any one? as it seems the avenue for an appeal are minimal?
.

No problems I am 76 and my fiance is 66 and we have just received our Noa 2...I am awaiting my medical and interview....Good luck to your friend

What the poor FEB CSC filers thye seem to getting left behind as the CSC forges ahead with later months...Whoever is working on FEB should get up to speed...My petitioner received a RFE for not checking the Militray NO box she did this and returned it the same day as she lives in CA....we have now gone over the 60 days when RFE's are being cleared in less the 30 days....where's the justice?????????????????

feb 28th filer still waiting

well here we are in July and we filed in Feb 2013 and still no NOA2

Yeah what happened to the remainder of the Feb filers seems we are being pushed to the back of the queque

What has happened to Igors list, It would seem 15 NOA2 are approved daily but Igors list seems to only change by 1 or 2...This has only happened over the last week...Anyone any ideas.?