USCIS makes a mistake and deny my wife's application from F2 to F1

[upbeat21 0]

My wife just got denied of an application of visa status transfer from F2 to F1, and USCIS gave the reason that she departed from US on May 24, 2013. But actually she never leave America during the period of application because we know that she must stay in the US. The letter of USCIS said that we could file a motion to reopen or reconsider this case with a filing fee of $630. I am not sure what should we do and how we could ask USCIS to fix this mistake. Appreciate any help. Thanks in advance.

[I AM NOT THAT GUY 5,715]

My wife just got denied of an application of visa status transfer from F2 to F1, and USCIS gave the reason that she departed from US on May 24, 2013. But actually she never leave America during the period of application because we know that she must stay in the US. The letter of USCIS said that we could file a motion to reopen or reconsider this case with a filing fee of $630. I am not sure what should we do and how we could ask USCIS to fix this mistake. Appreciate any help. Thanks in advance.

Did they give any indication how they determined she left the US on that date? Perhaps you could call the USCIS office that made the decision and ask for clarification.

[Hypnos 6,578]

It sounds as if she may have booked a flight and not used the ticket, but USCIS saw her name in the transit lists and incorrectly believed she left the US and so denied her application accordingly.

If this is what happened then you will likely need to write some kind of sworn statement detailing how she did not leave the US.

Edited July 29, 2013 by Hypnos

[upbeat21 0]

Did they give any indication how they determined she left the US on that date? Perhaps you could call the USCIS office that made the decision and ask for clarification.

They just said it is based on the record of department of homeland security

[upbeat21 0]

It sounds as if she may have booked a flight and not used the ticket, but USCIS saw her name in the transit lists and incorrectly believed she left the US and so denied her application accordingly.

If this is what happened then you will likely need to write some kind of sworn statement detailing how she did not leave the US.

Yes, you may be right. Because on May 24, which is the record of her departure, my credit card got stolen and there are some transition of British Airline tickets. But what kind of proof do we need? Is this case complicated and is it easy to solve?

[Hypnos 6,578]

Your credit card was stolen and the thief bought tickets in your wife's name? That sounds very strange...

[I AM NOT THAT GUY 5,715]

Your credit card was stolen and the thief bought tickets in your wife's name? That sounds very strange...

Indeed. Airline tickets must be used by the person's name on the ticket.

[upbeat21 0]

Then I don't know. That is the only thing happened which might be related to this case. Or maybe USCIS made a mistake.

[I AM NOT THAT GUY 5,715]

Then I don't know. That is the only thing happened which might be related to this case. Or maybe USCIS made a mistake.

Sounds like her name ended up in a database somewhere. Without contacting the USCIS, which is part of the DHS, you will never know what happened.

[upbeat21 0]

Thanks for your answers. I think I need to call USCIS. Appreciate your help

[Ozz777 23]

Thanks for your answers. I think I need to call USCIS. Appreciate your help

Quit saying that USCIS made a mistake when you admit that airline tickets were purchased on the date that corresponds with their date of reason for denial. Someone may have made a mistake, but it wasn't USCIS in this case.

[Penguin_ie 5,995]

Call your credit card company and check what, if anything, was purchased with the cc.