K-3 Appointment missed(?) Help!

[greatq 0]

I can't find any info in the FAQs or Guides about this, so I'm hoping someone here knows something about it. My wife is from Thailand, she has been here since late October on a K-3 Visa. Today we just received a letter stating that we missed our scheduled appointent in May, but this is the first we have heard of it. We never received notification of this appointment and this is the first we have heard of it. Now my wife is in danger of losing her right to work and possibly being deported. The letter I got has no phone number, only an address. I suppose I can write them and try to find a phone number to tell them that this is not my fault....But if anyone knows how to begin fixing this, or can even point me in the right direction, please let me know. I think I need to file some sort of "appeal" form(even though the letter says the decision cannot be repealed, only "reopened") and then file the same Adjustment of Status forms again. And hope I get contacted this time. What a mess. The text of the letter is reproduced below. I'm worried, any help is most appreciated.

Decision on Application For Status as Permanent Resident

ATTACHMENT TO FORM I-291

On December 28, 2005, you filed an Application to Register Permanent Residence or Adjust Status, Form I-485, under Section 245 of the Immigration and Nationality Act, as amended. You were scheduled to appear for an interview regarding permanent residency on May 5, 2006. You failed to appear for your scheduled appointment and/or failed to submit justification of your absences prior to the interview. A search of Service records reflects no report of a change of address.

* CFR 103.2(b)(13), as amended, states in pertinent part:

... If a person requested to appear for an interview does no appear, the Service does not receive his or her request for rescheduling by the date of the interview, or the applicant or petitioner has not withdrawn the application or petition, the application or petition shall be considered abandoned and, accordingly, shall be denied.

8 CFR 103.2(b)(15), as amended, states in pertinent part:

A denial due to abandonment may not be appealed, but an applicant or petitioner may file a motion to reopen under 8 CFR 103.5. Withdrawal or denial due to abandonment does not preclude the filing of a new application or petition with a new fee.

Since you failed to appear for either interview, the application for adjustment of status is denied.

Any rights or privileges, including the right to reside and work in the United States, which you derived from the filing of the application, are terminated.

Failure to file a new Application to Register Permanent Residence or Adjust Status prior to the expiration of your K-3 non-immigrant visa will result in the initiation of removal proceedings.

[becca 0]

I can't find any info in the FAQs or Guides about this, so I'm hoping someone here knows something about it. My wife is from Thailand, she has been here since late October on a K-3 Visa. Today we just received a letter stating that we missed our scheduled appointent in May, but this is the first we have heard of it. We never received notification of this appointment and this is the first we have heard of it. Now my wife is in danger of losing her right to work and possibly being deported. The letter I got has no phone number, only an address. I suppose I can write them and try to find a phone number to tell them that this is not my fault....But if anyone knows how to begin fixing this, or can even point me in the right direction, please let me know. I think I need to file some sort of "appeal" form(even though the letter says the decision cannot be repealed, only "reopened") and then file the same Adjustment of Status forms again. And hope I get contacted this time. What a mess. The text of the letter is reproduced below. I'm worried, any help is most appreciated.

Decision on Application For Status as Permanent Resident

ATTACHMENT TO FORM I-291

On December 28, 2005, you filed an Application to Register Permanent Residence or Adjust Status, Form I-485, under Section 245 of the Immigration and Nationality Act, as amended. You were scheduled to appear for an interview regarding permanent residency on May 5, 2006. You failed to appear for your scheduled appointment and/or failed to submit justification of your absences prior to the interview. A search of Service records reflects no report of a change of address.

* CFR 103.2(B)(13), as amended, states in pertinent part:

... If a person requested to appear for an interview does no appear, the Service does not receive his or her request for rescheduling by the date of the interview, or the applicant or petitioner has not withdrawn the application or petition, the application or petition shall be considered abandoned and, accordingly, shall be denied.

8 CFR 103.2(B)(15), as amended, states in pertinent part:

A denial due to abandonment may not be appealed, but an applicant or petitioner may file a motion to reopen under 8 CFR 103.5. Withdrawal or denial due to abandonment does not preclude the filing of a new application or petition with a new fee.

Since you failed to appear for either interview, the application for adjustment of status is denied.

Any rights or privileges, including the right to reside and work in the United States, which you derived from the filing of the application, are terminated.

Failure to file a new Application to Register Permanent Residence or Adjust Status prior to the expiration of your K-3 non-immigrant visa will result in the initiation of removal proceedings.

hi there,

I am really sorry for your troubles.. I am not expert but maybe you could call one of the service centers and speak to someone or even go down to a service centre and try to speak to someone there and explain your situation. If you didnt recieve any notification of the interview then in my opinion it is their fault not yours..

I hope everything works out! good luck

[Yodrak 7]

greatq,

The easiest first step would be to make an InfoPass appointment and go to your DO or SO to discuss the situation and what can be done about it.

Yodrak

I can't find any info in the FAQs or Guides about this, so I'm hoping someone here knows something about it. My wife is from Thailand, she has been here since late October on a K-3 Visa. Today we just received a letter stating that we missed our scheduled appointent in May, but this is the first we have heard of it. We never received notification of this appointment and this is the first we have heard of it. Now my wife is in danger of losing her right to work and possibly being deported. The letter I got has no phone number, only an address. I suppose I can write them and try to find a phone number to tell them that this is not my fault....But if anyone knows how to begin fixing this, or can even point me in the right direction, please let me know. I think I need to file some sort of "appeal" form(even though the letter says the decision cannot be repealed, only "reopened") and then file the same Adjustment of Status forms again. And hope I get contacted this time. What a mess. The text of the letter is reproduced below. I'm worried, any help is most appreciated.

Decision on Application For Status as Permanent Resident

ATTACHMENT TO FORM I-291

On December 28, 2005, you filed an Application to Register Permanent Residence or Adjust Status, Form I-485, under Section 245 of the Immigration and Nationality Act, as amended. You were scheduled to appear for an interview regarding permanent residency on May 5, 2006. You failed to appear for your scheduled appointment and/or failed to submit justification of your absences prior to the interview. A search of Service records reflects no report of a change of address.

* CFR 103.2(B)(13), as amended, states in pertinent part:

... If a person requested to appear for an interview does no appear, the Service does not receive his or her request for rescheduling by the date of the interview, or the applicant or petitioner has not withdrawn the application or petition, the application or petition shall be considered abandoned and, accordingly, shall be denied.

8 CFR 103.2(B)(15), as amended, states in pertinent part:

A denial due to abandonment may not be appealed, but an applicant or petitioner may file a motion to reopen under 8 CFR 103.5. Withdrawal or denial due to abandonment does not preclude the filing of a new application or petition with a new fee.

Since you failed to appear for either interview, the application for adjustment of status is denied.

Any rights or privileges, including the right to reside and work in the United States, which you derived from the filing of the application, are terminated.

Failure to file a new Application to Register Permanent Residence or Adjust Status prior to the expiration of your K-3 non-immigrant visa will result in the initiation of removal proceedings.

[shirlJ831 0]

sorry for the mix up Yodrak is right schedule a infopass appt asap

[greatq 0]

Thanks you guys. Right now I am on hold waiting for the USCIS Customer Service Center, and I will check out the InfoPass option immediately. Thanks.