Mirobg

I'll add mine

3 yr marriage green card with 4/9/2024 anniversary

Charlotte, NC field office

3/8/2024 filed N-400 online

3/8/2024 notice biometrics reused

3/31/2024 notice interview scheduled 

5/13/2024 interview day / notified uscis on 5/10 I need to reschedule

anybody go through Charlotte, NC field office? Are they still doing same day oath?

@Fennik I picked a senator, went to his website and filled out the form "Help with a Federal Agency", with a timeline of events and faxed it since it had to be signed by my USC husband so the Senator's office has the right to inquire about personal information. Then 7-8 days later my MSC status changed to Reconsidering and two days later to Case Reopened. Then a few days later we got a letter in the mail from the office

From what I've read it's very much YMMV based on your field office and what's happening in it. If they had a lot of people quit or transfer to other jobs things would be slow. 

On 9/17/2020 at 1:38 PM, HoUTX2020 said:

 

Happy to report they reopened case here!!

 

Case Was Reopened
On such and such date, we reviewed your appeal for Form I-485, Application to Register Permanent Residence or Adjust Status, Receipt Number MSCxxxxxxxxxxxxx, and decided to reopen or reconsider our denial of your case.

 

 

 

same here. Keep us posted how it goes

So I contacted my Senator's office and our case was reopened within 5 business days. USCIS told my senator to contact them if interview isn't scheduled within 60 days.

On 9/18/2020 at 4:46 PM, Belladonalson said:

I almost got the same issue. They denied my i130 but I got my i485 schedule already.

did you file I130/485 concurrently? If did and your I-130 is denied your I485 will be denied as well

7 hours ago, sweetadams said:

In my opinion, I would suggest you get a senator involved first, this will help smooth things at the local field office in charge of your case. My advice when dealing with USCIS is never to tell them they are at fault (nobody likes being blame), their systems are more complex and this is creating a lot of bottleneck in efficiency. I had the same issue with letter not being mailed out when the system already generated the " interview notice". One more thing about recording...please next time keep it to yourself, just call again and keep trying to get another tier 2...

called today, T1 refused to pass my husband over to a tier two and proceeded to explain what we should be doing. Comical considering yesterday I was told "those people don't know anything" by the officer 😄

I'm in touch with my senator's office but also likely getting a lawyer

Just now, E_pluribus_unum said:

Best of luck to you and I am sorry you are going through this. I would hope not but I wonder if you maybe had an Officer who did not really agree to same sex marriages so that is why the notice shows as sent but never received. Probably not the best idea to make assumptions though so I hope the routes you take do put you back on a positive track with immigration. 

 

Federally, only one-party consent is needed to record calls; however, many states have separate laws which would require both parties. Usually, if there is a recording at the beginning of the call that says "This call will be recorded for Quality and Training purposes" then that is basically the consent needed to record the call. Internal processes can change this though. 

I work for the Government and in my agency when you call, you will get a message similar to "This call will be recorded for Quality and Training purposes". The message basically informs the callers that the call is being recorded and means that both parties consent to the recording regardless of who is recording, but we are told to disconnect the call if we become aware that the caller is also recording the line. Again, this is an internal process that many Private Companies and Government Agencies follow. 

as recent as Friday the tier 1 agent checked and said the system shows that the interview notice wasn't mailed. The case officer also seemingly waited 3 weeks before denying so I doubt they were hostile because we're gay, but you never know obviously, I'm open to thinking they have mailing issue and we're caught up in their back and forth bureaucracy 

We're 1-party consent state and calling the USCIS 800 tells you upfront the call is recorded, USCIS keeps the recordings for 90 days. 

16 minutes ago, E_pluribus_unum said:

Before filing with the Ombudsman, call back and request a Supervisor. You can also submit a written complaint: https://www.uscis.gov/policy-manual/volume-1-part-a-chapter-9#:~:text=Ways of Submitting Complaints&text=Persons can make a complaint,the nature of the complaint.

 

B. Complaints ^[1]

1. Ways of Submitting Complaints

Complaint in USCIS Office

Persons can make a complaint in a USCIS office by asking to speak to a supervisor. In these situations, a supervisor must be made available within a reasonable amount of time. The supervisor should take the complainant’s name and information about the nature of the complaint. The supervisor should attempt to resolve the issue before the complainant leaves the office.

 

Submit Written Complaint

Written complaints may include handwritten letters, emails, or faxes. ^[2]

 

Contact Office of Inspector General Directly ^[3]

Contact information for DHS Office of Inspector General (OIG) can be found on both the USCIS website and on the DHS website. OIG contact information must also be displayed in a public area and visible in every

USCIS field office.

 

File Complaint with USCIS Headquarters

USCIS Headquarters (HQ) contact information is provided on USCIS’ website. If the complaint is directed to the wrong directorate or program office, the complaint must be forwarded to the appropriate HQ entity.

 

Ask to Speak to Contact Center Supervisor

If a caller is dissatisfied with the service he or she received during a call to the USCIS Contact Center, the caller may ask to speak to a supervisor. ^[4] Both Tier 1 and Tier 2 staff members must transfer the call to a supervisor.

yeah. I'll have my husband call since he's the US citizen but that Tier 2 guy was unhelpful and almost sounded like he was blaming me for missing the appointment. I mentioned the call where USCIS phone rep told me the system showed the letter hadn't even mailed out and his reply literally was that those people don't know anything and it's my fault for relying on them!😲

I asked him how do I prove I never received a letter? He had no answer and then when I mentioned all I have is the phone recording he got upset, asked if I was recording him, said that it was illegal to record him, I asked if he's recording me and just rambled on top of me and hung up

I'm contacting our senators and will have a meeting with a really good lawyer this week to see what we'll do

finally got a phone call and the tier 2 got upset when I mentioned I had a recording of the tier 1 from two weeks ago telling me the letter wasn't mailed and to wait, asked if I was recording that phone call and I told him that I was (there's a warning that phone calls are recorded when you call the 800, so he hung up

8 minutes ago, E_pluribus_unum said:

If you are unable to get a response from anyone, in the same URL I posted above, there is form 7001 that you can file with the Ombudsman. You can consider that as a somewhat last resort. 

we're also looking at lawyers too but hoping to avoid that. Us being a gay couple it's starting to feel like some are fixated on making that an issue. Thanks for that tip. I'm waiting for the call back and then we'll see what/how we'd approach this 

1 minute ago, E_pluribus_unum said:

As per DHS (https://www.dhs.gov/ombudsman-update-getting-most-out-your-call-uscis-contact-center) this is what a Tier1/Tier2 can and cannot do:

 

Tier 1 offered for me to ask him questions about my case but I knew enough not. He didn't resist transferring me so now I'm in the callback queue. It's between now and tomorrow at noon-ish

in a 15 hour wait time queue currently for a tier 2. Tier 1 said only my 485 can be discussed so I'm wondering if I should have my husband call in for the I-130

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 😒

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.

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

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 

Update from tier 2 agent: we were scheduled for August 4th, 2020 and the interview notice never arrived

have to wait till deny notice arrives by the end of the week 

14 minutes ago, payxibka said:

No show for interview would affect the i485 not the i130 

it's a concurrent application though, and we were 6 days from an interview in March and the I-130 wasn't denied then

Just now, Lucky Cat said:

Agree that you will have to see the letter for details.  What evidence was sent along with the I-130?   Unfortunately, it seems that I-485 will be denied, too, since the I-130 is the basis for adjustment.  Hopefully, you can get this sorted out.

I-130 wasn't denied before, my original interview which was canceled 6 days before it was scheduled so not sure why now. But I sent them evidence going back 20 years, multiple leases, joint banking etc

still on hold with USCIS for the last hour to talk to a tier 2

1 minute ago, FattieBanton said:

Yikes! I'm sending out my 130+485 today/tomorrow.

 

Sorry man. Do they give reasons when denied?

says a letter will be mailed with more information 🙄

Hi all

Just woke up to find a notification that I-130 is denied. I-485 status still shows as interview scheduled. The application was filed a year ago concurrently. I was scheduled for my I-485 interview in March but it was postponed due to COVID.

On July 20th status changed to Interview Scheduled but the notice never arrived. I contacted USCIS twice about it and was told to wait. Most recently last week and was told the notice was never mailed.

Is this normal? I thought they had to wait for an interview to decide on an I-130 when it's filed concurrently?