1 485 denied!! desperately need help!!

[AOSmoving 1]

Hi all..I really need your help.. I don't know what's wrong with my case..

Im here in the US on a K1 visa..we got married July 2009 and sent the AOS August 21, 2009. Had my biometrics September 17, 2009.

During that time we moved twice (since my husband is in the military). I have been waiting for my EAD since. I made several calls to USCIS and they said to wait for 60 days since they sent a service request. After that, we made an infopass and they said to wait for another 30 more days. So we waited...but nothing happened. We never received anything after my biometrics. This afternoon I called the USCIS hotline again and talked to an officer. They said that my AOS was denied on November 11, 2009. I was freaking out because all this time we have been waiting for my EAD and all this time we have been calling the USCIS and they never mentioned that I was denied???? I don't believe this! I am so frustrated and I don't know what to do. If anyone can help me on what to do..should I get an attorney? Will I be deported?? OMG!

[TracyTN 237]

Did you change your address with USCIS (I believe it is form AR 11)? If not, well, they had no way to get in touch with you to inform you of anything - so it's no wonder.

If you DID change your address with them, hopefully you kept proof of that and can proceed from there. What was the grounds of the denial though - did they tell you that?

Edited to add - depending on when your Infopass appt was, they may not have known you were denied when you were there. As far as the 800 MISinformation line goes, well, no wonder they didn't tell you either.

Edited March 3, 2010 by TracyTN

[Otto 83]

If anyone can help me on what to do..should I get an attorney? Will I be deported?? OMG!

You should definitely not attempt to solve this on your own - a good family based immigration attorney consultation would be the prudent thing to do.

I don't know why you never received any correspondence from USCIS (I'm assuming you guys did AR-11's and I-865's every time you moved) but it doesn't really matter if the petition has been denied since November - typically the next step for USCIS would be to begin formal removal proceedings (before a judge who could order you, well, removed).

Edited March 3, 2010 by Otto und Karin

[VanessaTony 3,567]

Hi all..I really need your help.. I don't know what's wrong with my case..

Im here in the US on a K1 visa..we got married July 2009 and sent the AOS August 21, 2009. Had my biometrics September 17, 2009.

During that time we moved twice (since my husband is in the military). I have been waiting for my EAD since. I made several calls to USCIS and they said to wait for 60 days since they sent a service request. After that, we made an infopass and they said to wait for another 30 more days. So we waited...but nothing happened. We never received anything after my biometrics. This afternoon I called the USCIS hotline again and talked to an officer. They said that my AOS was denied on November 11, 2009. I was freaking out because all this time we have been waiting for my EAD and all this time we have been calling the USCIS and they never mentioned that I was denied???? I don't believe this! I am so frustrated and I don't know what to do. If anyone can help me on what to do..should I get an attorney? Will I be deported?? OMG!

Please update your timeline. it's hard to answer questions when we dont' have all the info.

Assuming that you got married in the 90 days like you're supposed to, and sent the paperwork like you're supposed to.. it sounds like you might have been sent an RFE.

If you failed to change your address then you didn't receive the RFE. RFE's have a specific deadline which if you don't abide by, you get denied.

It is YOUR responsibility to make sure you have your address up to date. So, I believe for a fee of around $500 dollars you can have your case re-opened but it's not a GUARANTEE that they'll re-open. The other option is to re-apply as a spouse using the I-130 and I-485. The starter fee for that is $1010 for the AOS and $355 for the I-130.

It's up to you what you do, BUT I believe with the denial letter they send a "you have 30 days to leave" but I can't be sure about that. I would speak to a lawyer...

Edited March 3, 2010 by Vanessa&Tony

[AOSmoving 1]

Yes we did all the AR-11 stuff and we have proofs of that. The only thing I'm really frustrated about is that we made an infopass just this January and they didn't mention anything about the denial. I talked to an officer at USCIS helpline just this month and he didn't say anything about the denial too. If this was denied last November wouldn't it have appeared on their system? I didn't get any letters from them..I did not even receive any denial letter..that why I was shocked to hear this just this afternoon. They are so screwed up! I was patiently waiting all the while I was denied and I didnt even know it!! Will I be deported? Can I get the refund for the money that we sent? OMG hiring an attorney at my expense while it was their mistake? I hate USCIS!!!!

[Otto 83]

Yes we did all the AR-11 stuff and we have proofs of that. The only thing I'm really frustrated about is that we made an infopass just this January and they didn't mention anything about the denial. I talked to an officer at USCIS helpline just this month and he didn't say anything about the denial too. If this was denied last November wouldn't it have appeared on their system? I didn't get any letters from them..I did not even receive any denial letter..that why I was shocked to hear this just this afternoon. They are so screwed up! I was patiently waiting all the while I was denied and I didnt even know it!! Will I be deported? Can I get the refund for the money that we sent? OMG hiring an attorney at my expense while it was their mistake? I hate USCIS!!!!

I would make another infopass appointment immediately. I'd also call USCIS (again) and speak with a supervisor.

All those people you talked to previously should have seen a denial if there is in fact one. It may be possible (cross your fingers) that this recent person you spoke to was mistaken.

[TracyTN 237]

Yes we did all the AR-11 stuff and we have proofs of that. The only thing I'm really frustrated about is that we made an infopass just this January and they didn't mention anything about the denial. I talked to an officer at USCIS helpline just this month and he didn't say anything about the denial too. If this was denied last November wouldn't it have appeared on their system? I didn't get any letters from them..I did not even receive any denial letter..that why I was shocked to hear this just this afternoon. They are so screwed up! I was patiently waiting all the while I was denied and I didnt even know it!! Will I be deported? Can I get the refund for the money that we sent? OMG hiring an attorney at my expense while it was their mistake? I hate USCIS!!!!

Otto und Karin make a good point - make sure you actually were given good information this time (that you were denied) via an Infopass before going any further. If you were indeed denied, have them give you the letter showing the grounds for denial and go from there.

If you can prove that you filed your change of address with them, then I think you have a good chance of getting this sorted out. But as was mentioned earlier, I would not go this alone. It would suck to have to spend money, but wouldn't it be better to do that than mess something up yourselves? Catholic Charities provides immigration legal help for little to no cost so that might be an option as well.

And no, USCIS doesn't do refunds - sorry!

*edited after reading another post*

Edited March 3, 2010 by TracyTN

[Dakine 26]

Get your congressman and senator working on it.

[smiley1 3]

Hi all..I really need your help.. I don't know what's wrong with my case..

Im here in the US on a K1 visa..we got married July 2009 and sent the AOS August 21, 2009. Had my biometrics September 17, 2009.

During that time we moved twice (since my husband is in the military). I have been waiting for my EAD since. I made several calls to USCIS and they said to wait for 60 days since they sent a service request. After that, we made an infopass and they said to wait for another 30 more days. So we waited...but nothing happened. We never received anything after my biometrics. This afternoon I called the USCIS hotline again and talked to an officer. They said that my AOS was denied on November 11, 2009. I was freaking out because all this time we have been waiting for my EAD and all this time we have been calling the USCIS and they never mentioned that I was denied???? I don't believe this! I am so frustrated and I don't know what to do. If anyone can help me on what to do..should I get an attorney? Will I be deported?? OMG!

I know how frustrating is this. I had my application denied and not refunded because they should,'t have accepted without a waiver and they did. I was told that they do not give refunds because this is a processing fee and they take it even though you are ineligible to apply....which is stupid...

You should stay calm and try to solve this. Since you didn't get a letter ordering you to be deported you are fine ( my application was denied in November and I re-applied in January and didn't get anything from them). Even if you are to be deported you can file for I130 and have that process stopped so don't stress to much.

If you don't want to spend moneys with the lawyers I would suggest you to contact an ombudsman. Here you have some info about them: Get e-mail updates when this information changes

The Citizenship and Immigration Services Ombudsman (CIS Ombudsman) provides recommendations for resolving individual and employer problems with the United States Citizenship and Immigration Services (USCIS). As mandated by the Homeland Security Act of 2002 § 452, CIS Ombudsman is an independent office that reports directly to the Deputy Secretary of Homeland Security. The CIS Ombudsman:

•Assists individuals and employers in resolving problems with USCIS;

•Identifies areas in which individuals and employers have problems in dealing with USCIS; and

•Proposes changes to mitigate identified problems.

You can contact them ( actually there is a form you can fill out and explain your problem) and they can help you resolve the problem. I would try that before contacting a lawyer who is going to ask huge amounts of money.

After I got the Notice of Intent to deny I contacted a lawyer and asked about my options and he told me that it is a waste o money to try to reopen the case, they might approve or not the reopening and id they deny your motion you still have to reapply and pay the entire fee. The lawyer asked me $2500 plus the fee for application and also the I had to get my waiver approved by mysel before starting.

I know how you feel right now I was almost ready to pay the fee because I was scared but I didn't pay I just redid everything by myself.

Worst case scenario if the ombudsman cannot help you just get all the paper together again and reapply ( don't forget about the medical because you will need that again ) using I-130 and I-485 as other suggested.

You also need to find out about the reason for denial. Call the Costumer Service and ask for supervisor until you get an aswer about the reason for denial then write to the ombudsman.

Good luck and let me know how it work for you. If you have more question feel free to ask me.

[Anh map 2,098]

Have you called the USCIS Military Helpline?

USCIS has established a toll-free “Military Help Line” exclusively for members of the military and their families: 1-877-CIS-4MIL (1-877-247-4645).

http://www.uscis.gov/portal/site/uscis/men...000082ca60aRCRD

[AOSmoving 1]

Hi...thank you for all your help..yes we have called the military helpline but they can't say anything other than reading what is on their computer screen. We called the senator's office yesterday..hopefully they will be able to help us...We also found out that I got denied on October 14 2009 but then they reopened it on November 11...Why would they deny it when I only got the biometrics on Sept 17..are they that fast?? I really don't know what USCIS is doing but I am pretty sure they screwed it all up...Hoping for the senator's help on our case...