I-130 denied due to stupid USCIS office mistake

[bluebird74 34]

In general, when you receive an RFE, you have to respond within the time frame indicated (usually 30 to 60 days) so that the immigration official adjudicating your case will have enough evidence to make a favorable decision. Simply ignoring an RFE, will result in denial of application based on an assumption of abandonment. This seems to be what has happened in your case. However, you have mentioned something about contacting the USCIS by phone and being told not to send anything? That's very weird. Myself, I would have never followed what was said to me on the phone, but would have at least replied in some way through regular mail. Documents get lost, but phone conversation is quite hard to recover and a petitioner should always remember this: when a government official makes a mistake, he/she will always be on he winning side, for it is you that wants to get the petition accepted and not the other way around. Hope you can still do something and finish the application process. Good luck.

[Harpa Timsah 13,258]

Actually, I made a formal complaint twice.

But a formal complaint over the phone is not mailing back the RFE, right?

[Straycat 3]

But a formal complaint over the phone is not mailing back the RFE, right?

True, I guess I learned the hard way, but it's still very sad to me that they are this hard to deal with. We had a very straightforward case with everything sent in at the very beginning...I guess no news is bad news with the USCIS....oh well. Attorney will be filing a motion to reopen on the grounds of new evidence (additional affidavits and documents establishing residence and marriage (lease/rent agreements, etc) as well as blatant erroneous information used for the decision on the part of USCIS. I will also be going to the local field office in person with the same paperwork in hand as well as everything else I can bring with me. I won't go down without a fight....

[Harpa Timsah 13,258]

True, I guess I learned the hard way, but it's still very sad to me that they are this hard to deal with. We had a very straightforward case with everything sent in at the very beginning...I guess no news is bad news with the USCIS....oh well. Attorney will be filing a motion to reopen on the grounds of new evidence (additional affidavits and documents establishing residence and marriage (lease/rent agreements, etc) as well as blatant erroneous information used for the decision on the part of USCIS. I will also be going to the local field office in person with the same paperwork in hand as well as everything else I can bring with me. I won't go down without a fight....

Good, best of luck to you.

[Avery Cates 1,141]

InfoPass post haste, and bring lots of documentation.

[Straycat 3]

looks like I've now acquired a lawyer....now the fun part begins...

[EzyEby 5]

Sorry about your situation. Wishing you all the luck.

[POA 178]

 

We received a denial notice Feb 8, 2014 stating that we abandoned the petition since we did not submit a document they asked for Dec 10, 2013. Now let me explain, on Dec 10th, I get a letter asking for a divorce decree/death certificate to proof that I am not married to an imaginary person. The had my previous married name (first marriage-ended back in 2007) noted to be married to a man that was made from the first and middle name of my current husband (beneficiary) and the last name of my ex husband. I called them the moment I opened the letter and reported the insane error. The say they noted it and I will get a letter in about a week notifying me that they had been made aware of the error. A month passed and I got nothing. I called in and asked again and was told that a typo was noted, but that it had gone on to adjucation already. Then about a month later, we get the letter from the local field office and I'm optimistic until I'm hit with the worst. They say that they have denied us because we abandoned the petition by not submitting the document...I was livid...and that is putting it lightly. I am scheduling to meet with an immigration attorney asap. I am baffled as to how they can choose to ignore the multiple corrections and just push it through anyhow. We started this Dec 2012...I really, really do not want to start over because of their error. Anyone had this happen before or anything similar?

 

I had a similar situation where they made a mistake and denied us due to abandonment. We emailed the ombudsman and after a little over a month USCIS approved our petition. Ombudsman coordinated with them and USCIS corrected their mistake. Submit a report here. This is what we did. https://www.dhs.gov/ombudsman-case-assistance

here is our post http://www.visajourney.com/forums/topic/432852-uscis-customer-service-error-merged/

Edited February 14, 2014 by POA

[Straycat 3]

thank you POA, submitting an online request to the ombudsman right now.

[Jawaree 718]

We received a denial notice Feb 8, 2014 stating that we abandoned the petition since we did not submit a document they asked for Dec 10, 2013. Now let me explain, on Dec 10th, I get a letter asking for a divorce decree/death certificate to proof that I am not married to an imaginary person. The had my previous married name (first marriage-ended back in 2007) noted to be married to a man that was made from the first and middle name of my current husband (beneficiary) and the last name of my ex husband. I called them the moment I opened the letter and reported the insane error. The say they noted it and I will get a letter in about a week notifying me that they had been made aware of the error. A month passed and I got nothing. I called in and asked again and was told that a typo was noted, but that it had gone on to adjucation already. Then about a month later, we get the letter from the local field office and I'm optimistic until I'm hit with the worst. They say that they have denied us because we abandoned the petition by not submitting the document...I was livid...and that is putting it lightly. I am scheduling to meet with an immigration attorney asap. I am baffled as to how they can choose to ignore the multiple corrections and just push it through anyhow. We started this Dec 2012...I really, really do not want to start over because of their error. Anyone had this happen before or anything similar?

Its always best to send docs to immigration with a signature request form

its your word against theirs, they also will not accept the mistake without U

proving it was pointed out, I think a time period is given when a doc have been

requested, U need an attorney to go thru this maze, and proven, they have to re-open.

[Straycat 3]

  

I had a similar situation where they made a mistake and denied us due to abandonment. We emailed the ombudsman and after a little over a month USCIS approved our petition. Ombudsman coordinated with them and USCIS corrected their mistake. Submit a report here. This is what we did. https://www.dhs.gov/ombudsman-case-assistance

here is our post http://www.visajourney.com/forums/topic/432852-uscis-customer-service-error-merged/

POA,

Did you end up having to file the I-130 again ?

[raven52 233]

If you have all your notes, about phone calls, and explanations, dates, times, and then all you explained, about the horrible mistake they have made, I think you can """SCORE""" a big hit in your infopass appt.

I would be nice, pleasant, but firm, and know very well what you are going to say, before you get in front of the """culprits"""..,.,.USCIS..,.,., this system gets worse and worse, this is about the worst case I have read in some time.,.,.,

God speed, and """GOOD LUCK"""", please tell us the outcome, I will be looking for your post on the 26th..,..,

[Boiler 46,356]

Not uncommon.

[Novembro 1,763]

So sorry this has happened to you! I hope you can get it sorted out.

On another note, glad to see that USCIS is still consistently ruining lives with their incompetence.

[POA 178]

 

POA,

Did you end up having to file the I-130 again ?

 

Yes we resubmitted a 2nd i-130 and was received on July 1st but our first case that was denied was approved on July 8th, they re-opened it at no charge, so we withdrawn the 2nd case and withdrawal was finalized on Nov 1st. We sent pictures of all the mails we received from USCIS and provided details of the calls to USCIS. We didn't have the agent ID of the reps that we talked to but we provided the numbers we used and around what time and date did we make the call. They record all calls. Check my signature. It's all there

Edited February 15, 2014 by POA