HELP!!! My wife was denied.

[cc2cuz 0]

Ok basically we were in the process of removing the conditional status on my wife. The uscis sent a letter requesting evidence and I needed to respond by Nov. 18th. We were waiting on some documents from State farm, so once we received them I got everything together and sent it off to the uscis on Nov. 12th. I told the post office worker that it needed to get there asap. I figured a week would be a lot of time for the papers to get there by the 18th.

My wife recently received a letter in the mail saying that her residence was denied due to abandonment. They are saying that they did not receive the evidence requested by the due date. Because it is an abandonment we cannot appeal but we can only file for a motion to reopen the decision.

Does anybody have any info on this. My wife and I are so stressed out. I could not have helped it if the post office screwed up and took forever for them to send my evidence. I have a certified mail receipt saying that I sent the envelope on the 12th. What can I do?? Are they going to deport my wife, because the post office took to long to send the evidence? Do I have any chance at explaining this to an immigration judge and reversing the decision. I'll talk all the info I can get

Thanks

[diadromous mermaid 36]

What does the certified receipt indicate as to the date of receipt of the documentation you sent?

Ok basically we were in the process of removing the conditional status on my wife. The uscis sent a letter requesting evidence and I needed to respond by Nov. 18th. We were waiting on some documents from State farm, so once we received them I got everything together and sent it off to the uscis on Nov. 12th. I told the post office worker that it needed to get there asap. I figured a week would be a lot of time for the papers to get there by the 18th.

My wife recently received a letter in the mail saying that her residence was denied due to abandonment. They are saying that they did not receive the evidence requested by the due date. Because it is an abandonment we cannot appeal but we can only file for a motion to reopen the decision.

Does anybody have any info on this. My wife and I are so stressed out. I could not have helped it if the post office screwed up and took forever for them to send my evidence. I have a certified mail receipt saying that I sent the envelope on the 12th. What can I do?? Are they going to deport my wife, because the post office took to long to send the evidence? Do I have any chance at explaining this to an immigration judge and reversing the decision. I'll talk all the info I can get

Thanks

[LorriQ 0]

Ok basically we were in the process of removing the conditional status on my wife. The uscis sent a letter requesting evidence and I needed to respond by Nov. 18th. We were waiting on some documents from State farm, so once we received them I got everything together and sent it off to the uscis on Nov. 12th. I told the post office worker that it needed to get there asap. I figured a week would be a lot of time for the papers to get there by the 18th.

My wife recently received a letter in the mail saying that her residence was denied due to abandonment. They are saying that they did not receive the evidence requested by the due date. Because it is an abandonment we cannot appeal but we can only file for a motion to reopen the decision.

Does anybody have any info on this. My wife and I are so stressed out. I could not have helped it if the post office screwed up and took forever for them to send my evidence. I have a certified mail receipt saying that I sent the envelope on the 12th. What can I do?? Are they going to deport my wife, because the post office took to long to send the evidence? Do I have any chance at explaining this to an immigration judge and reversing the decision. I'll talk all the info I can get

Thanks

Did you send it return reciept requested or require delivery confirmation?

[Dakine 26]

Sounds like you guys should call your senator. From now on use USPS Express Mail! Not just for speed but for record of receipt also.

[cc2cuz 0]

The return receipt is proof that it was sent on Nov. 12th. I also got delivery confirmation, and it says that it was received by the uscis on nov. 28th, 10 days after the due date. When I got that I was freaking out because I remember telling the post office worker that I wanted it sent the faster way possible.

Is contacting my senator the best option for me. My only other option is to file for the motion to reopen, is that a lost cause? Also would we be able to file the application again, or are they going to deport my wife for this stupid messup.

Thanks for the quick responses.

[LorriQ 0]

Start by contacting your Senators local office - by phone. They have people on staff that can help and give you more information as to what your next step should be.

Sorry I don't know what else to tell you - maybe someone else has more experience with your situation.

[YuAndDan 153]

You can file a motion to re-open, and it is NOT a lost cause, you have evidence that you sent it in a timely manor.

You may want to get a lawyer involved.

[Dakine 26]

Me and some immigration friends have had GOOD/GREAT results from our senators staff. One lady's job there is anything to do with immigration and she seems to know what she's doing.

Edited December 7, 2008 by Haole

[Kathryn41 3,205]

Certified mail is secure but it is also one of the slowest delivery services that there are. File a motion to re-open including proof that you sent the requested information in well prior to the due date and that the postal service failed to deliver the item in a timely way. Good luck.

[Dakine 26]

Does USCIS go by the postmark or date of receipt??

[Kathryn41 3,205]

It sounds like in this case they are going by date of receipt. The objective is to get them to go by date of postmark. There is good precedence - even the tax office uses the postmarked date. There are good arguments to justify them re-opening the case.

[vof 0]

Ok basically we were in the process of removing the conditional status on my wife. The uscis sent a letter requesting evidence and I needed to respond by Nov. 18th. We were waiting on some documents from State farm, so once we received them I got everything together and sent it off to the uscis on Nov. 12th. I told the post office worker that it needed to get there asap. I figured a week would be a lot of time for the papers to get there by the 18th.

My wife recently received a letter in the mail saying that her residence was denied due to abandonment. They are saying that they did not receive the evidence requested by the due date. Because it is an abandonment we cannot appeal but we can only file for a motion to reopen the decision.

Does anybody have any info on this. My wife and I are so stressed out. I could not have helped it if the post office screwed up and took forever for them to send my evidence. I have a certified mail receipt saying that I sent the envelope on the 12th. What can I do?? Are they going to deport my wife, because the post office took to long to send the evidence? Do I have any chance at explaining this to an immigration judge and reversing the decision. I'll talk all the info I can get

Thanks

yes they might deport her, u need a lawyer and use fed ex dont rely on a .42 cent stamp

[cc2cuz 0]

So looks like what I need to do is file for a motion to re-open. I'm guessing I need to use FORM I-290B correct? And explain to them that I sent the information within a timely manner and attach a copy of my certified mail receipt showing that it was sent on the 12th of Nov. By doing it this way, will they re-open the case??? Should I get a lawyer involved now or wait until I know if they approve the motion or not?

Thanks for all the responses

[vof 0]

So looks like what I need to do is file for a motion to re-open. I'm guessing I need to use FORM I-290B correct? And explain to them that I sent the information within a timely manner and attach a copy of my certified mail receipt showing that it was sent on the 12th of Nov. By doing it this way, will they re-open the case??? Should I get a lawyer involved now or wait until I know if they approve the motion or not?

Thanks for all the responses

get a lawyer Pathak and Shah is great if ur from NJ

[mbmw 0]

All I can say man is That when it's something this Urgent, you should have paid the extra money and Sent it Next Day guaranteed, I mean 10 days sounds like allot of time anyway.

Good luck