hamlet2012

Hello, my husband is traveling with me from NYC to SF. He has a valid foreign passport. However, his K1 visa is expired. I read on other forum posts that if you bring your Adjustment of Status receipt with you, it should be fine. His AOS is from August, 2017. We could tell TSA (or CBP, but unlikely in SF, right?) that it is simply taking a long time. However, the problem is that USCIS denied his I-485 in June, 2019 due to an administrative error they made (acknowledged and apologized for by a Tier 2 agent). We are still in the process of fighting it but we haven't received any notice of immediate deportation. 

What are the chances that my husband's name is on some kind of list? When his foreign passport is scanned, will that alert authorities that he is still in the US? Do you think an AOS from 2 years ago will be questioned? Would bringing our official marriage certificate help? 

Any advice is much appreciated. Thank you! 

Hello! A response about my case has been continually delayed since July 2019. USCIS is always telling me that they (even the Tier 2 officer's supervisor) cannot do anything for me because the Brooklyn Field Office makes decisions about our case. And annoyingly, New York City does not have InfoPass. However, USCIS has never given me an email or phone number for the Brooklyn Field Office (a Tier 2 officer hung up on me as I was asking about this). I know it is a physical building (26 Federal Plaza) but I have no idea if I can just show up and ask to speak to someone. Has anyone ever tried? Did you manage to speak to someone who could help you? Any advice is much appreciated, thank you. 

Thanks for your replies, everyone!

We finally managed to talk to a Tier 2 agent on the phone and (despite what the first agent told us), USCIS sent the interview letter to our old address in April! Even though it's clearly logged in their system that in January, we changed our address. The agent apologized and said it was a mistake on their end. I am so thankful this information was kept, because otherwise, I don't know what we would have done... 

The agent said he couldn't make promises, but that he is explaining what happened in a report and he hopes the NY office will rescind our I-485 denial and give us a new interview date. It seems this is the only logical conclusion, as now there is proof that we never received the letter, but I guess you never know what could happen. So even though I am very happy, I'm trying not to be too happy? 

Someone will contact us via email with their decision this week. When that happens, I'll post again on here (in case this situation happens to someone in the future). 

On 7/1/2019 at 5:51 PM, Nicola and Jordan said:

Hi can I ask when did you file? 

August 2017

Hello, this is my first time posting and I would appreciate any advice people have. 

My husband's I-485 was denied because we did not show up to our April 1, 2019 interview. However, we never received a letter regarding the interview. 

Some things to know: 

- The denial letter states we have 30 days to file a motion to reopen or reconsider the case using Form I-290B. 

- USCIS definitely knows our address because they sent us other letters to this address, including one at the end of February 2019.

- We could not check the status of my husband's case online because it always resulted in an error message. I know we could have called the USCIS phone number to check, but we rarely did because it never provided any real information. Since we received other mail from USCIS, we did not think the interview letter would have trouble arriving. I wish now that we had signed up for text message updates and USPS updates, but I had no idea these existed and again, I didn't think USCIS would try to send us the interview letter, fail, and then never try again with an email or a simple phone call. 

- We cannot schedule an InfoPass appointment because NYC & its boroughs are currently not accepting any. 

- We are scheduled to meet with a free CUNY Citizenship Now lawyer this week, and our Congresswoman next week. I have also sent an email request to our US Senator. 

My questions are:

1. How can we find out information on the interview letter (supposedly) sent in April? I called the USCIS line and the woman was completely unhelpful. I want to know if they can prove it was delivered and what address it was delivered to. 

2. Do I need a lawyer? 

3. Is it possible to get the Form I-290B $675 fee refunded or waived?

4. Is it possible to skip filing Form I-290B altogether and ask for an immediate interview?

5. If I end up filing Form 1-290B, what sort of evidence should I add to the case? I have proof that my husband was working in NYC in April and that we have lived at this current address since January. I also have an email confirmation from USCIS dated January 7, 2019 stating that they received our change of address. 

6. Does InfoPass in NYC accept walk-ins? 

7. If this situation has happened to someone before, was the outcome favorable?

Thank you so much.