Help needed please

[Ian J 0]

So here's my story.

Back in June last year i arrived for the birth of my child. Instead of going home after the visa expired we got married and started the Adjustment of Status.

We got an RFE in Dec for a few things one of which was the medical, the other for Affidavit of support.

We had sent affidavits in already, but we redid them and sent them again, with a note to explain that the medical would follow as soon as my wifes tax return came in due to the costs involved.

So roll on to April and everything was sent in. I got a letter saying that the application is denied due to inactivity. I rang them yesterday and they confirmed that all the medical was recieved but after their cut off date. So they put in an appeal and told me it would take up to seven days.

I got a reply today stating that they are upholding the decision as i was past the cut off, but it looks like they never received the affidavits i sent in again.

I rang USCIS again today and their phone systems are not working to transfer me to another person to advise me where to go from here.

Anyone out there have any advise as i'm panicking like crazy now. I dont want to leave my wife n child in the US while i have to return home to the UK

Thanks in advance for any replies

[ceadsearc 516]

The letter should tell you if you have the option to reopen your case. If not, you should be able to refile all the paperwork again (and pay the fees again). Unfortunately for your situation, with an RFE you must give them EVERYTHING they ask for by the deadline - usually 87 days. Otherwise you will be denied and have to start again. It sounds like you were denied without prejudice though, so while you have to start the whole process over as long as you do that ASAP you shouldn't be deported.

[jdh 103]

Indeed, USCIS is not concerned with out financial issues. If they request something they give you a deadline to get it in - a note saying "hold on" doesn't change anything.

Sorry to hear you have had this problem, but it doesn't seem like you have many options.

[Ian J 0]

Thanks for that, though the letters a bit confusing, maybe due to the fact i cant get my head round this at the mo.

It says there is no appeal to this decision, but then the next paragraph says i can file a motion with I-290B.

So im a bit lost

[jdh 103]

  On 4/20/2012 at 8:53 PM, Ian J said:

Thanks for that, though the letters a bit confusing, maybe due to the fact i cant get my head round this at the mo.

It says there is no appeal to this decision, but then the next paragraph says i can file a motion with I-290B.

So im a bit lost

Probably because there is no basis of appeal.

In order to file I-290B you have to have a basis of appeal...what would yours be?

The basis would have to fall into one of these categories...

Motion to Reopen: The motion must state new facts and must be supported by affidavits and/or documentary evidence.

Motion to Reconsider: The motion must be supported by citations to appropriate statutes, regulations, or precedent decisions. Appeal: Provide a statement explaining any erroneous conclusion of law or fact in the decision being appealed.

Edited April 20, 2012 by jdh

[Ian J 0]

Ok thanks again.

Looks lke we will just re-apply and hope for the best this time.

Thanks again for the replies

Edited April 20, 2012 by Ian J

[Harpa Timsah 13,258]

When you reapply, please read the instructions. A medical is meant to be sent with the initial package, not after. Same with the Affidavit of support. You might want to get a lawyer. To be blunt, your inattention to instructions and trying to avoid paying $200 for a medical up front cost you $1490 in lost fees. Good luck going forward.

Edit: Just a thought. The I-130 may still be in play. I would figure out if it is before reapplying.

Edited April 20, 2012 by Harpa Timsah

[jdh 103]

  On 4/20/2012 at 9:26 PM, Harpa Timsah said:

When you reapply, please read the instructions. A medical is meant to be sent with the initial package, not after. Same with the Affidavit of support. You might want to get a lawyer. To be blunt, your inattention to instructions and trying to avoid paying $200 for a medical up front cost you $1490 in lost fees. Good luck going forward.

Edit: Just a thought. The I-130 may still be in play. I would figure out if it is before reapplying.

Very good advise...

I kind of bypassed it, but it most certainly all should have been sent with the original package. It would have helped avoid all this. If you can't do it all at once, wait until you can...

[Ian J 0]

All was included in the package except the medical and all fees were paid, i wasnt trying to avoid paying.

Jus with a newborn we didnt have enough left over to pay for the medical itself unfortunately.

They seem to have lost the affidavits from the pack, i dont know how, but they were in there when it was sent.

Currently on the phone to USCIS and there making very little sense, according to them its still active.

Im getting more confused by the minute

But yes in hindsight should have had the medical at the same time, was worried due to the fact i was going to be overstaying if it wasnt sent off.

Big mistake by the looks of it

Edited April 20, 2012 by Ian J

[ceadsearc 516]

Ask to speak to a supervisor when you call USCIS. The person who answers is a call center employee and does not work for USCIS. As such, there is a limit to how much they can help. A supervisor/immigration officer can access your file and help you to figure out if the I-130 is still valid or if you need to resubmit that as well.

[Harpa Timsah 13,258]

Yes, good idea. An INFOPASS appointment in person might be in order as well.