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485 Appointment letter not received-now DENIED! Help!

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Filed: AOS (pnd) Country: Mexico
Timeline

Okay, I made the INFOPASS appointment, and I am planning to take a letter and whatever evidence I can come up with. I'm glad to see that the other person this happened to ended up with an approval. In the end, I guess thats what is most important.

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wow...what a horrible situation.

I would definately point out at the Infopass appointment that it is incomprehensible as to why the appointment letter was undeliverable, especially since you were able to get the rejection letter just fine.

what a load of #######.

03/24/08 K1 visa approved, Santo Domingo

06/28/08 Married

07/07/08 AOS mailed to Chicago Lockbox

07/11/08 Recieved NOA1's for I-485, I-765, and I-131

07/26/08 NOA1 for biometric on 08/14/08

08/06/08 Walk in Biometrics completed

08/07/08 Case online and touched

09/04/08 Approval notices for EAD and AP

09/09/08 AP recieved in mail

09/20/08 EAD recieved in mail

01/14/09 Interview notice recieved

02/10/09 Interview APPROVED

02/14/09 Welcome notice received

02/21/09 Green Card Received!!!!!

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Filed: AOS (pnd) Country: Mexico
Timeline

No, we haven't moved since last June, and we have gone through the majority of the immigration process while at our current address, and have received every other piece of communication from them.

We went to our INFOPASS appointment yesterday. Truly frustrating. We drove up to Seattle on Sunday night (3 hour drive), stayed in a hotel and got up and went to our 8:15am appoinment. We were back on the freeway heading home by 8:30. Truly unhelpful, all we did was hand in the letter asking them to reopen our case, the guy said he would give it to his supervisor for review, and they would notify us by mail in 90 days with the decision. If they deny my request we can file a motion to reconsider ($585), for which we would have to provide evidence of our case. (What kind of evidence do you provide for simply having the USPS return your mail?!), or we can refile the 485 ($1010). Seriously?

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No, we haven't moved since last June, and we have gone through the majority of the immigration process while at our current address, and have received every other piece of communication from them.

We went to our INFOPASS appointment yesterday. Truly frustrating. We drove up to Seattle on Sunday night (3 hour drive), stayed in a hotel and got up and went to our 8:15am appoinment. We were back on the freeway heading home by 8:30. Truly unhelpful, all we did was hand in the letter asking them to reopen our case, the guy said he would give it to his supervisor for review, and they would notify us by mail in 90 days with the decision. If they deny my request we can file a motion to reconsider ($585), for which we would have to provide evidence of our case. (What kind of evidence do you provide for simply having the USPS return your mail?!), or we can refile the 485 ($1010). Seriously?

The evidence would be things that showed your address did not change during the time the "notice" was sent to you, and probably that you were at home, not away on vacation or something.

This is bad though... Hang in there.

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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(What kind of evidence do you provide for simply having the USPS return your mail?)

The evidence that you have is that USCIS told you that they had received the appointment letter back as undeliverable. You said Case Status Online shows this. If you haven't already, get it printed out QUICKLY in case what you've done today causes it to change. That they acknowledge the interview letter was never delivered to you is a big 'tick' in your favour, I suspect.

I don't think that there was anything more you could have expected the IO at the appointment to do, unfortunately, re-opening a closed case would be above his power I suspect, something that's always going to need a senior IO's consideration and approval.

I hope you get a good outcome eventually. One day, this will just be a bad memory :)

Adjustment of Status from K-1 (Very abridged version)

05/20/08 - POE: Chicago O'Hare

07/18/08 - Married

08/30/08 - I-485/I-765 mailed...

03/17/09 - Card production ordered (no notification received!)

03/26/09 - Green card received (196 days)

Removal of Conditions

02/15/11 - I-751 mailed to VSC...

02/22/11 - NOA1 (received 03/03/11)

04/04/11 - Biometrics appt (notice received 03/19/11)

08/22/11 - * * * t u m b l e w e e d s * * * (T+6 months and counting)

09/20/11 - Service Request #1

10/26/11 - Service Request #2

11/29/11 - Interview @ Atlanta Field Office - Approved & I-551 stamped

12/07/11 - Card production ordered

12/10/11 - Green card received (293 days)

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Filed: AOS (pnd) Country: Mexico
Timeline

Thank you! I hope it all works out. I guess one piece of evidence I could use is that I was home. I was on maternity leave, not to mention we had so much snow we couldn't even get out of our driveway. Snow like that is abnormal around here so nobody was prepared for it.

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Thank you! I hope it all works out. I guess one piece of evidence I could use is that I was home. I was on maternity leave, not to mention we had so much snow we couldn't even get out of our driveway. Snow like that is abnormal around here so nobody was prepared for it.

That would be good. I would get any weather reports from that time frame too.

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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It is kind of headache. Worse comes worse, you file a motion to reopen the case (Form I-290B) by

paying $585. The Bad news is that "This glitch whoever caused will cost you TIME & MONEY!...." but fortunanely

the good news is that "You will prevail in the end".

GOOD LUCK !.....

HERE IS MY TIMELINE :

I-130 mailed 01/13/09

I-130 received by USCIS 01/16/09

NOA1 Mail for I-130 received 01/22/09

I-485 Package mailed 02/17/09

I-485 Package received by USCIS 02/20/09

NOA1 Mail for I-485 & I-765 received 02/26/09

NOA2 e-mail for I-130 Approval 03/03/09 (47 Days)

NOA2 Hard Copy of I-130 Approval received 03/07/09

Biometrics Done 03/24/09

STILL CAN'T SEE ON-LINE STATUS FOR AOS & EAD !.....

NOTE : I DID NOT APPLY FOR I-131 (AP).

"Patience is the key to the paradise (US Citizenship, in our case)"

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Filed: K-1 Visa Country: Philippines
Timeline
Thank you! I hope it all works out. I guess one piece of evidence I could use is that I was home. I was on maternity leave, not to mention we had so much snow we couldn't even get out of our driveway. Snow like that is abnormal around here so nobody was prepared for it.

The "undeliverable" thing happened to us recently as well (although it was only the biometrics appt letter, it still cost us a month of waiting/wrangling with uscis). After looking closely at the original letter, which we received after I called uscis, we noticed that someone had put in the wrong delivery address (uscis' fault, not ours since we have received every other piece of correspondence. Somebody neglected to put in a "1" where there should have been one). Anyway, after speaking with the case officer on the phone I gather that this sort of thing happens more frequently than it should. I'd suggest that you call the 800 number, explain the situation to the "pre-screener" person, at which point they'll forward you to a case officer who can actually help you. You'll probably need to do an infopass as well. Frustrating, yes, but it worked for us. Good luck!

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