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Country: Thailand
Timeline
Posted

Hello, my wife has been in the States now for about 18 months. She is on a K1 visa with all the AOS papers filed. She recieved her work Authorization within her fir few months. We then moved from Boston to Sarasota. We filed the I765 to renew her card and I forgot to submit some paperwork. I resubmitted the correct papers and they gave us the appointment and of course they cashed our check. She went to Tampa for the biometrics and we have waited over 5 months. Yesterday we get a refusal notice as well as them stating there is no AOS pending denied work card and there is no APPEAL!! Meanwhile she has lost her job and we are in danger of losing our house. How could one get an appointment for the bios yet they say the application was denied??? UNBELIEVABLE... They must be looking at the first attempt when they stated I forgot to include some paperwork. I submitted and recieved the date for the bios which is not a denial on the second try. Any suggestions would be appreciated. Thanks....frustrated, angry yet not surprised by the system in place........I have include copy of letter...

denial_letter.pdf

Filed: Timeline
Posted
Hello, my wife has been in the States now for about 18 months. She is on a K1 visa with all the AOS papers filed. She recieved her work Authorization within her fir few months. We then moved from Boston to Sarasota. We filed the I765 to renew her card and I forgot to submit some paperwork. I resubmitted the correct papers and they gave us the appointment and of course they cashed our check. She went to Tampa for the biometrics and we have waited over 5 months. Yesterday we get a refusal notice as well as them stating there is no AOS pending denied work card and there is no APPEAL!! Meanwhile she has lost her job and we are in danger of losing our house. How could one get an appointment for the bios yet they say the application was denied??? UNBELIEVABLE... They must be looking at the first attempt when they stated I forgot to include some paperwork. I submitted and recieved the date for the bios which is not a denial on the second try. Any suggestions would be appreciated. Thanks....frustrated, angry yet not surprised by the system in place........I have include copy of letter...

In order to get EAD, you must first re-open AOS process.

Make an info-pass appointment asap and find out why AOS was denied. Most likely USCIS sent an interview notice to your old address (it happens often). So, go to your local office with the AOS receipt and proofs that you informed them about address change.

After that, deacide how you want to proceed. If USCIS's local staff is willing to cooperate - good, othervise you'll need at least a consultation with a lawyer.

Filed: Other Timeline
Posted

Yikes. Someone correct me if I'm wrong but that letter is not simply saying she has no AOS pending, it's saying that her Adjustment of Status was denied, and therefore no longer pending. I think you need to make an infopass appointment immediately and find out who screwed up and what you can do to get things back on track. Maybe your interview letter was returned because you moved to Florida?

At any rate, I hope you get things worked out quickly. Good luck!! (F)

Filed: Citizen (apr) Country: Brazil
Timeline
Posted

Could you :time: You can do this here My Timeline

And then you could contact them to see exactly what's going on and what can be done about your case. Good luck :thumbs:



* K1 Timeline *
* 04/07/06: I-129F Sent to NSC
* 10/02/06: Interview date - APPROVED!
* 10/10/06: POE Houston
* 11/25/06: Wedding day!!!

* AOS/EAD/AP Timeline *
*01/05/07: AOS/EAD/AP sent
*02/19/08: AOS approved
*02/27/08: Permanent Resident Card received

* LOC Timeline *
*12/31/09: Applied Lifting of Condition
*01/04/10: NOA
*02/12/10: Biometrics
*03/03/10: LOC approved
*03/11/10: 10 years green card received

* Naturalization Timeline *
*12/17/10: package sent
*12/29/10: NOA date
*01/19/11: biometrics
*04/12/11: interview
*04/15/11: approval letter
*05/13/11: Oath Ceremony - Officially done with Immigration.

Complete Timeline

Country: Thailand
Timeline
Posted

yes we did. all was done correctly, as I am aware this is a system set up for failure unless one pays a lawyer and then still no guarantees.. I will call on monday and see if anything can be done. I have all the reciepts of course. Why would they give us an appointment for the bios?? very strange. I am contacting my congressman monday as well. Thanks

Filed: Country: Canada
Timeline
Posted
yes we did. all was done correctly, as I am aware this is a system set up for failure unless one pays a lawyer and then still no guarantees.. I will call on monday and see if anything can be done. I have all the reciepts of course. Why would they give us an appointment for the bios?? very strange. I am contacting my congressman monday as well. Thanks

I think saying this system is set up for failure is a bit extreme. I do agree this system could be revamped and made more efficient, but there have been many AOS cases that were straightforward and completed without any hitches and without paying a lawyer. Not saying you did anything wrong at all so please don't jump to the wrong conclusions. I realise you and your wife are in a difficult situation...I certainly hope it gets settled soon. Contacting your congressman is a good start. Best of luck :)

Teaching is the essential profession...the one that makes ALL other professions possible - David Haselkorn

Filed: Country: United Kingdom
Timeline
Posted
yes we did. all was done correctly, as I am aware this is a system set up for failure unless one pays a lawyer and then still no guarantees.. I will call on monday and see if anything can be done. I have all the reciepts of course. Why would they give us an appointment for the bios?? very strange. I am contacting my congressman monday as well. Thanks

If yoiu have some urgency about getting something done, why would you waste your time with phoning 1-800 and contacting your congressperson?

You might consider InfoPass & going in in person, and also researching "Motion to Reopen".

Now That You Are A Permanent Resident

How Do I Remove The Conditions On Permanent Residence Based On Marriage?

Welcome to the United States: A Guide For New Immigrants

Yes, even this last one.. stuff in there that not even your USC knows.....

Here are more links that I love:

Arriving in America, The POE Drill

Dual Citizenship FAQ

Other Fora I Post To:

alt.visa.us.marriage-based http://britishexpats.com/ and www.***removed***.com

censored link = *family based immigration* website

Inertia. Is that the Greek god of 'can't be bothered'?

Met, married, immigrated, naturalized.

I-130 filed Aug02

USC Jul06

No Deje Piedras Sobre El Pavimento!

Filed: Timeline
Posted
Hello, my wife has been in the States now for about 18 months. She is on a K1 visa with all the AOS papers filed. She recieved her work Authorization within her fir few months. We then moved from Boston to Sarasota. We filed the I765 to renew her card and I forgot to submit some paperwork. I resubmitted the correct papers and they gave us the appointment and of course they cashed our check. She went to Tampa for the biometrics and we have waited over 5 months. Yesterday we get a refusal notice as well as them stating there is no AOS pending denied work card and there is no APPEAL!! Meanwhile she has lost her job and we are in danger of losing our house. How could one get an appointment for the bios yet they say the application was denied??? UNBELIEVABLE... They must be looking at the first attempt when they stated I forgot to include some paperwork. I submitted and recieved the date for the bios which is not a denial on the second try. Any suggestions would be appreciated. Thanks....frustrated, angry yet not surprised by the system in place........I have include copy of letter...

What paperwork did you omit the first time? And what, exactly, did you resubmit? Did you submit an entirely new application?

"diaddie mermaid"

You can 'catch' me on here and on FBI.

Country: Thailand
Timeline
Posted

Hello, my wife has been in the States now for about 18 months. She is on a K1 visa with all the AOS papers filed. She recieved her work Authorization within her fir few months. We then moved from Boston to Sarasota. We filed the I765 to renew her card and I forgot to submit some paperwork. I resubmitted the correct papers and they gave us the appointment and of course they cashed our check. She went to Tampa for the biometrics and we have waited over 5 months. Yesterday we get a refusal notice as well as them stating there is no AOS pending denied work card and there is no APPEAL!! Meanwhile she has lost her job and we are in danger of losing our house. How could one get an appointment for the bios yet they say the application was denied??? UNBELIEVABLE... They must be looking at the first attempt when they stated I forgot to include some paperwork. I submitted and recieved the date for the bios which is not a denial on the second try. Any suggestions would be appreciated. Thanks....frustrated, angry yet not surprised by the system in place........I have include copy of letter...

What paperwork did you omit the first time? And what, exactly, did you resubmit? Did you submit an entirely new application?

When we re aplied for the Work Authorization there was a paper missing I forget exactly which one but I sent along all that was needed for the new card including the check. We then recieve the appointment date to go toTampa. Everything went well and they told us the card would be mailed within 6 weeks. Now we recieved the document stating we were denied the work card as well as The AOS is no longer pending. Why would we recieve an appointment date if all was denied on Feb 26?? Doesn't make sense as I have a letter from the end of march stating they now have our new address. I called the 800 number and they put me through to an immigration agent. He couldn't make sense of it either and he is forwarding a letter to have them re send this mystery denial document so we may have a chance to appeal the decision. We are hoping we don't have to go through the AOS again as it's expensive and have lost all her wages which help pay for the house..in short this is a disaster in so many ways. We now are going to wait for this letter to arrive and in the meantime hire a lawyer. Thanks for the replies.

Filed: Timeline
Posted

the painter,

The people processing the employment authorization are not the same people processing the adjustment of status. Most likely the EA application had not yet been fully checked out when the fingerprint session was scheduled and the denied AOS application was not identified by the person processing the EA application until later.

Submitting an AR-11 does not update a person's address on open applications before the USCIS. A person must contact the NCSC to update the address for each open application. It is also a good idea to write to each USCIS office that was and will be associated with each application to notify them of the address change. And after doing all this, it still may happen that the address does not get updated. Frustrating, but true - the USCIS is not very good at linking updating information with the case file.

Yodrak

When we re aplied for the Work Authorization there was a paper missing I forget exactly which one but I sent along all that was needed for the new card including the check. We then recieve the appointment date to go toTampa. Everything went well and they told us the card would be mailed within 6 weeks. Now we recieved the document stating we were denied the work card as well as The AOS is no longer pending. Why would we recieve an appointment date if all was denied on Feb 26?? Doesn't make sense as I have a letter from the end of march stating they now have our new address. I called the 800 number and they put me through to an immigration agent. He couldn't make sense of it either and he is forwarding a letter to have them re send this mystery denial document so we may have a chance to appeal the decision. We are hoping we don't have to go through the AOS again as it's expensive and have lost all her wages which help pay for the house..in short this is a disaster in so many ways. We now are going to wait for this letter to arrive and in the meantime hire a lawyer. Thanks for the replies.
Filed: AOS (pnd) Country: Philippines
Timeline
Posted

the painter,

would you know what happened to your aos application?

it seems like the ead application was denied because your aos application was denied.

it may be good to sort out your aos application and put it back on track as this is the basis for your wife's ead. also, once her aos gets approved, then you wouldn't have to worry about refiling for her ead.

i think an immigration attorney would be a good first step since the aos has been denied.

hope everything will work out for you and your wife.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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