Eusebiu

14 minutes ago, NikLR said:

Because if you forget an essential part of evidence like the I-864 and necessary documents, they are just denying vs an RFE. 

You misunderstood what happened, the only thing i forgot to send was proof of my income. I did have the i-864. They did send a RFE but i didn't get it and i found out about it right after it got out of the response window. Now i should be fine filling the whole thing again right.

1 minute ago, jhon30 said:

get an immigration lawyer , best way , good luck 

 

I know, unfortunately i cannot afford that. I doesn't seem to be a whole immigration issues, it's just that i forgot to submit those statements and that i never received the RFE.

3 minutes ago, lummo said:

Why? For the I-130? USCIS received it in April, so still within normal processing time. For the I-485? It's already denied and they can't force USCIS to overturn the decision. IMO, a new AOS is the clear path.

It seems to be the best way. I was just worried about the i-130 still being pending with no outcome yet. 

Just now, USC4SPOUSE said:

I would reach out to your US Senator(s), Congressperson and I would definitely inform the Ombudsman about your case. 

Already contacted the Congressman but got a reply saying to expect delays due to high volume. I will try the Senator. What can the Ombudsman do in this case? 

52 minutes ago, NikLR said:

They didn't wrongfully deny you.  You can file a new AOS

Never said they wrongfully did. I know it was my fault for not sending those papers. I thought i did. My question is, what would the best course of action be? New AOS or try to reopen my case? 

Thank you all for the replies. There seems to be light at the end of the tunnel. 

Actually, after some more research ( that's all i've been doing for the past month) i realized that my i130 is not approved yet either. It says: 

Quote

On April 5, 2018, we received your Form I-130, Petition for Alien Relative, Receipt Number MSCxxxxxxxxx, and sent you the receipt notice that describes how we will process your case. Please follow the instructions in the notice. If you do not receive your receipt notice by May 5, 2018, contact the USCIS Contact Center at www.uscis.gov/contactcenter. If you move, go to www.uscis.gov/addresschange to give us your new mailing address.

But nothing else came after it... I'm so lost... I scheduled an InfoPass Appointment for the second week of January. Hopefully i get more info then.

Good morning and Happy Holidays!

I'm Eusebiu and i just received the notice of decision from USCIS saying my wife's application for AOS got denied. The reason for denial is the USCIS considers my application abandoned and, therefore, denies it. 

Here's a little background:

        Back in April my wife applied to AOS from visitor. I have submitted the package but somehow left out my(the sponsor) evidence of current income. I have no idea how that happened but it's obviously my fault. 

        After 2-3 months we start calling the USCIS military contact number to see what is going on with the case because nothing was being updated when i was checking the case status online. Every time i called they told me that the case is still in the time window that they allow and that i shouldn't worry and just wait. They would let me know if something else is needed. I mention that together with this is filed the i130 and the i765. Fast forward to november, after numerous calls and daily online check for status on all the cases, i get elevated to a lvl 2 officer that tells me that back in august they issued a RFE and that being november, my 87 days passed. He submitted an inquiry after i told him that i have never received the RFE. Last week, Dec 20 i checked online and it was saying for the first time that the case was denied. After getting on the phone with them they told me that inquire(service request) hasn't even been assigned to an officer. 

      The letter says that i may not appeal this decision, but i can file for a motion to reopen or a motion to reconsider using FORM i290B.  It also states that the evidence of record shows that, my wife was lawfully present in the United States when she filled for her AOS but her authorized stay period has expired. 

      Long story short: What do i do? Do i file the i290B? If so, can i send my income papers (the only ones they were missing) to be added to the application? If not, the outcome will be the same. Also, i've been reading about the option to file for another AOS. Is that true? Please help me out! I am desperate and losing my mind. Not the best holidays, for sure! 

Thanks you in advance, 

Eusebiu