I-290B

[Myckhael 0]

Good afternoon,

I'm writing in here because I lost at the moment. On September of 2012 we receive a petition to submit extra evidence that my wife and I are in a marriage of faith. Our deadline was until December 20th, 2012 to the offices of Vermont Service Center. We provided extra evidence and sent them on December 14, 2012 express mail. It was delivered the next day on December 15 and pick up at 11:53am by D Renaud. Yesterday we receive a letter stating the following:

USCIS notes that:

a. You did not respond within the time period allowed, or

b. The notice, which used your most recent mailing address that USCIS had on record, was returned to USCIS as undeliverable.

According to Section 216c2a of the immigration and nationality act, your permanent residence status is terminated as of the date of this letter. All rights and privileges that you derived from that status are terminated. Which are working and residing in the US.

I am really scare at this moment because my wife currently works in a public school, making her a goverment employee and we are afraid that she will loose her job during the process of this ordeal. The letter states that we can't appealed but we can make a motion to reopen a petition or application due to abandonment. Option 2 saids... the required initial evidence was submitted with the application or petition, or the request for initial evidence or additional information or appearance was complied with during the allotted period.

This is the option that applied to us. Since we clearly have evidence and receipt of the package we send, the time it was arrive and signed by the same person who wrote us that we miss the deadline D Renaud. I'm about to spend $630 more dollars to file this form I-290B. My question is:

Does my wife have to leave her job will this motion is been process? Since it clearly saids that all her status have been terminated.

They did gave us a 33 day period to answer back so I'm thinking she hasn't been reported as an immigrant. Any help or any guidance that you can offer will be greatly appreciated. At the moment we are short of money and I can't afford legal help to tell us what to do next. Thank You!

[Myckhael 0]

Can anyone help please?

[Harpa Timsah 13,258]

Call up USCIS immediately and tell them of the error with your proof of delivery. This is something they can help with over the phone. Ask for a Tier 2 person.

[Penguin_ie 5,997]

How did your wife get here (K1 fiance visa, work visa, tourist visa etc)?

Are you doing Adjustment of Status from a via or removing conditions?

[Myckhael 0]

We were doing the I-751. We just called the USCIS and sadly we are going to have to submit the form I-290b. We talked to a tier 2 agent and she told us that the decision is final and the next step is to continue with the motion. She is to remain in the USA while the process happens but she lost her work permit.

[Harpa Timsah 13,258]

We were doing the I-751. We just called the USCIS and sadly we are going to have to submit the form I-290b. We talked to a tier 2 agent and she told us that the decision is final and the next step is to continue with the motion. She is to remain in the USA while the process happens but she lost her work permit.

Make INFOPASS appointment, show them that you were not in fact late. Unless you are lying to us, their denial based on abandonment is negligence and they should accommodate you. you said you returned the RFE on time, right?

[Kathryn41 3,205]

Topic has been moved from the AOS forum to the Removing Conditions on Residency forum as this is the level the OP and his wife are involved at.

~~~~~~~~~~~~~~~~

moderator hat off . . . I agree with Harpa. Make an infopass and bring your evidence that you returned the requested information before the deadline to the appointment. If it is their error you shouldn't be penalized by having to apply to re-open a case that should never have been closed to begin with and your wife losing her authorization to work. Good luck.

Edited March 7, 2013 by Kathryn41

[DC85 113]

also beside what the other members mentioned, try to contact the ombudsman and file a complain If it was really delivered before the USCIS deadline.

http://www.dhs.gov/ombudsman-case-assistance