Help! Need to petition denial!

[Allie&Alex 0]

HI

We filed i130 and i485 in Sept '12 for my husband, an Aussie - I'm a US citizen. Everything was straight forward, no weird background or overstayed visas. Alex went in for biometrics in October and got his EAD in the mail in December. Since then we've been waiting to hear from uscis about the next step when I get this letter in the mail saying that we missed our interview in January and were therefore considered abondoners and denied! I NEVER got anything in the mail/email/text about an interview date/time - and I open the mail religiously looking for stuff from these guys! #######!!!!????

So now I have to file form I-290B? With another arm and leg in fees? Whatever, that's fine. As long as Alex can keep working legally we're ok.

How long will this take? (His EAD is good until December 2013)

Should I include affidavits from all household members that no notification of interview was found in the mail?

What's the likelyhood that they'll understand and reopen/reschedule an interview?

I'm a full-time student in nursing school working on another bachelors - according to my W2 I made $7500 last year working pt at trader joes, nearly $2000 of that went to uscis in fees and the rest was to support me and my husband who could not legally work until December (and couldn't risk under-the-table jobs). Could anyone believe after all that we'd just ignore something that important?

please help with any advise, thoughts, experiences

Thank you all!!!

Allie&Alex

***I'm going to file that I-290B ASAP, but what to know what you guys think first***

[LaVegano 12]

Wow!! What a bummer. Sorry to hear this. If it were me I would be on the phone with my congressman. And call the embassy.

[NigeriaorBust 4,087]

If the AOS is denied the EAD based on the AOS is also dead. How did he enter the country ? Depending on how he entered he may not have the right to challange the denial.

[Penguin_ie 5,997]

**** Moving from CR-1 spousal visa to AOS from Tourist visa forum ****

[Villanelle 4,122]

First- He can not work with the EAD. Absolutely not. His EAD is not valid. If he works with it- you are making problems. So do not work with it.

Refer to this thread. http://www.visajourney.com/forums/topic/412230-missed-aos-interview/page__st__45

The poster in it missed his interview in a local office for a different reason, but there should be plenty of content there to help you. (mostly towards the end)

If you have specific questions after reading it, post them back here.

Basically youre going to file the motion at your local office and not mail it in. Youre going to fill it out that you never received the notice for the interview and they should give you a new interview.

[Allie&Alex 0]

Is calling my way out of this an option? I did manage to call my way out of an imaginary evidence issue.

We're in houston, tx. He came in on the visa waiver program, but i dont see what that has to do with it?

How is this even possible? These pieces of mail are so important, why not send them certified or ask for confirmation? I signed up for e notification also and havent received anything from them on that front, except the initial receipt so i know its working.

:\

[AnotherLostSoul 167]

This is very ODD. I would definitely get in contact with them ASAP and tell them that you have never gotten the mail for the interview. What a bummer! I hope soon enough you'll find yourself at the interview....good luck!

[Xanax 349]

Is calling my way out of this an option? I did manage to call my way out of an imaginary evidence issue.

We're in houston, tx. He came in on the visa waiver program, but i dont see what that has to do with it?

How is this even possible? These pieces of mail are so important, why not send them certified or ask for confirmation? I signed up for e notification also and havent received anything from them on that front, except the initial receipt so i know its working.

:\

I'm sorry for your situation

A VWP AOS denial is not appealable, I believe.

If I am correct your spouse will have to return to Australia and you will file a CR-1 application as the denial may trigger removal proceedings. ** The upside to this is he will probably make more money in Australia for the application as the wages are generally higher.*** < just trying to put a positive spin on things.

Edit: There are a few ways to check the status of your USCIS applications, you should receive mail, you can sign up for text phone updates, you can check online via the USCIS website, call or make an infopass appointment at your local office if need be.

Edited February 14, 2013 by Xanax

[Hypnos 6,578]

While there is no appeal from a denial of AoS from VWP, USCIS does have some discretion in these matters.

As stated, your husband's EAD was invalidated the moment his AoS was denied, so he can no longer legally work using it.

I would strongly suggest that you contact all of your congressional representatives (one in the House and two in the Senate) and see if there is something they can do.

Worst case scenario you may be able to re-file, although obviously you would need to pay all of the fees again. It would depend on whether the AoS was denied with prejudice.

Edited February 14, 2013 by Hypnos

[NigeriaorBust 4,087]

You are in the area where you pay the penalty for shortcutting the system by filing from VWP, there is no appeal of your denial. You EAD is void. You could try to refile but he may be in deportation , he can leave, but because he overstayed VWP he can't use it again to visit while you wait the I130.

[Harpa Timsah 13,258]

I still believe you can do the Motion to Reopen. It's not an appeal, it's a request to reopen the case. File it with your explanation and cross your fingers. Good luck.

[Allie&Alex 0]

Husband called thus morning: they said to write a "letter of service motion" and it could be reopened and not cost anything. Got officers name and info. Jeeze i hope it works out.... i'm sorry, but i wont put up with punishment or huge fees - we didn't do anything wrong!

Also the denial letter only references the application for alien relative - not the app for AOS. And says nothing about his ead.

[Villanelle 4,122]

Yikes.

There is no where to call.

Since youre VWP. I would go to the field office/infopass where your interview was suppose to be (if you can get an appt, get one- if not go any way and beg to talk to someone) Do it yesterday.

See if they are open to letting you file the motion for a new interview. Like Hypnos said they have some discretion in the matter. The motion would be going to them. Bring the fee and completed form with you if possible.

Since youre saying you didnt get the notice, bring all your proof. Affidavits from everyone saying you never got it. Proof youre signed up for email/text notifications and a printout showing no email in your account. A statement from your job saying you were at work that day and didnt have the day off.

Youre going to check off on the form box A (appeal) and title your brief the same way as the other user in the other thread did - treat this as a motion to reconsider or whatever the wording was.

Ask to speak to a supervisor or someone higher up in the office. Theyll tell you if youre wasting your time submitting it or not because hes a VWP and deportation orders are going out.

[Villanelle 4,122]

Husband called thus morning: they said to write a "letter of service motion" and it could be reopened and not cost anything. Got officers name and info. Jeeze i hope it works out.... i'm sorry, but i wont put up with punishment or huge fees - we didn't do anything wrong!

Also the denial letter only references the application for alien relative - not the app for AOS. And says nothing about his ead.

no no no. Who did he call? the general help line? You must go to the field office. They are the ones who are going to decide what happens. If you get an second interview or not. If deportation orders are going to go out or not.

I dont know what " it could be reopened and not cost anything" means. The form has a fee. Its not going to be free. Unless they meant it can be reopened for just the fee of that form and you wont need to refile. But whether or not they reopen it will depend on the local office. SO you need to speak to someone at the local office.

Your AOS was denied. That means everything- including his EAD. He does not have a valid work auth right now.

[Harpa Timsah 13,258]

Make INFOPASS http://infopass.uscis.gov/

Go to the appointment with the Motion to Reopen all filled out with a check ready. Ask them questions and be ready to give or mail the form immediately after instructions from them.