Concurrent I-130 and I-485 Denied Due to Missing Interview

[Snowkone81 1]

Here's the situation all, please help with good advice on how to proceed next (refrain from mean comments, I know I messed up and just trying to correct it for us)

My wife (beneficiary) and I(petitioner, USC) have been reading this website, and it has helped tremendously in our process for her immigration. She entered legally as an F-1 Visa in August 2012, she's fully legal and current until Aug 2015 (she graduates Dec 2014), we've lived together since Feb 2013 (signed lease to our new apartment Aug 2013 for 18 months - much closer to her school), been married since July 2013, and got our paperwork going on October 2013. Also, she's never left the country, not even the DFW area as we spend time with friends and family in the area (it's home of course).

We made it to the point of receiving our interview notice. Unfortunately, I mixed up our interview date (it was Feb 24, 2014 - not Feb 28, 2014 like I thought) with one of my work project due dates and missed the interview. We followed the instructions on the interview sheet and called the main USCIS 800 number the next day, explained our situation, and request for a reschedule. Mind you at no time did the person say it would be best to make an INFOPASS appointment, explain the situation, and get it rescheduled. My wife then received an email within 2 days of that phone call with record of our call and our request. We felt relieved as it was an honest mistake of confusing dates.

2 weeks later (March 12, 2014) we get denial notices for both our I-130 and I-485 stating both were abandoned because we didn't show up to the interview and made no mention to USCIS about why! Looking back at other situations, we would have made an immediate INFOPASS to get this rescheduled and explain what happened, but the instructions on the notice said to call the main number - so confusing! We have since spoken with an immigration lawyer as to the best steps, and she said to file the I-290B for both our letters with our explanation, additional evidence (we became pregnant end of Nov 2013 - expecting a baby boy late August 2014!), and all the correct fees. We're in Dallas, TX and she says the office is very understanding as things like this happen. But as I research more, I have gotten confused on best steps. Some have horrible experiences with I-290B, some say I need to do an EOIR-29 along with her I-290B, and some say better to just refile and start over. While we would not want to start over as we've made it so far (especially over a mistake of just confusing dates) and with my wife being pregnant she's scared to take any additional shots until our baby boy is born (she has one more round of medical shots to do), we want to do whatever it takes to go through the process successfully so we can continue our lives together.

I know I messed up with confusing the dates, but it was an honest mistake. We're scared that something as minor as confusing a date may make us go through the entire process again. VisaJourney Community - please chime in with the best route for us to go. Our family and future is on the line, and we'll follow all the correct processes and not make these mistakes again.

- Richard and Yongli

[Darkarma 2]

120B is the way to go. Reopen the case. 120B is denied if USCIS has a reason to believe that the marriage is not bonafide, which i don't see happening in your case.

She does not have to take live vaccines since she is pregnant. Thus send the letter and additional proof.

If nothing works out you can always refile.

[aussie_jason 195]

If you file a motion to reopen it is likely to be denied as mixing up the dates is not a valid reason, it will cost you both time and money that you won't get back especially as you should engage the services of a lawyer to do so. I would just bite the bullet and start again.

[Snowkone81 1]

Thanks for the responses.

And as we see, it's mixed comments - one says go the I-290B route (well he wrote 120B - whatever that is) and the other says start over. Now you all see why we're confused as to best steps for us..

Just to bring this to light - The immigration attorney we spoke with didn't think we would have a problem to file the I-290B for this mistake. She can't site any specific examples, but she's worked with the USCIS Dallas Office and said they are understanding of situations. We have no problem asking her to represent us as we would like to continue forward, but even she fails we wouldn't need it as this isn't as bad as making the interview and getting denied. But then I've read online cases where the I-290B was a waste of time, and to just start over and explain why the first I-130 and I-485 were denied (just confusing the interview dates).

Can anyone else chime in with their experiences or advice please? We appreciate any help the community can offer.

[Darkarma 2]

Thanks for the responses.

And as we see, it's mixed comments - one says go the I-290B route (well he wrote 120B - whatever that is) and the other says start over. Now you all see why we're confused as to best steps for us..

Just to bring this to light - The immigration attorney we spoke with didn't think we would have a problem to file the I-290B for this mistake. She can't site any specific examples, but she's worked with the USCIS Dallas Office and said they are understanding of situations. We have no problem asking her to represent us as we would like to continue forward, but even she fails we wouldn't need it as this isn't as bad as making the interview and getting denied. But then I've read online cases where the I-290B was a waste of time, and to just start over and explain why the first I-130 and I-485 were denied (just confusing the interview dates).

Can anyone else chime in with their experiences or advice please? We appreciate any help the community can offer.

sorry I meant I-290B, happened to one person known to me. Though they missed the interview because of different reasons. Filed I-290B and the adjusted. He is even a citizen now.

[Snowkone81 1]

sorry I meant I-290B, happened to one person known to me. Though they missed the interview because of different reasons. Filed I-290B and the adjusted. He is even a citizen now.

That's good to hear. We've decided to file I-290B in hopes they'll understand our mistake and give us a chance to interview. We've got much to do with our upcoming birth of our son August 2014, my wife finishing her school Dec 2014 (she maintained her F1 throughout all this), and moving into a house early 2015, we hope to have this move along smoothly from this point forward. Worst case is we'll get denied because of negligence, and we'll take full responsibility and start the process over.

We'll keep everyone updated! Thanks for the 2 members that replied.

Richard and Yongli

[Snowkone81 1]

Wanted to update everyone that we have our case reopened and will be going to our interview May 29! We've got everything ready and won't have any confusion making it tomorrow.

Thanks to those that gave advice or followed the thread when we first opened it. We expect all to go well, and will update the thread after tomorrow.

Richard and Yongli

[VJnew 8]

Wanted to update everyone that we have our case reopened and will be going to our interview May 29! We've got everything ready and won't have any confusion making it tomorrow.

Thanks to those that gave advice or followed the thread when we first opened it. We expect all to go well, and will update the thread after tomorrow.

Richard and Yongli

did u guys paid the whole amount again?

[AnotherLostSoul 167]

Yay, good to hear you are ready for the interview tomorrow. Now make sure to set all the alarm clocks/cell phones/ipods/ipads so that you guys don't fall asleep (maybe even for the whole day) and miss it again. I have a feeling tomorrow you'll be happily flying over here telling us that you guys got approved on the spot!!! All the best to you as well, of course, to Yongli.

[Snowkone81 1]

did u guys paid the whole amount again?

No - just the $630 it costs to file the I-290B.

Yay, good to hear you are ready for the interview tomorrow. Now make sure to set all the alarm clocks/cell phones/ipods/ipads so that you guys don't fall asleep (maybe even for the whole day) and miss it again. I have a feeling tomorrow you'll be happily flying over here telling us that you guys got approved on the spot!!! All the best to you as well, of course, to Yongli.

Trust us - we're super ready and prepared! We hope to be screaming back with a happy reply for my wife.

[kettlefish 10]

Wanted to update everyone that we have our case reopened and will be going to our interview May 29! We've got everything ready and won't have any confusion making it tomorrow.

Thanks to those that gave advice or followed the thread when we first opened it. We expect all to go well, and will update the thread after tomorrow.

Richard and Yongli

thats great news! So how did the interview go??