Called USCIS, they said my case is denied.HELP

[vendar 4]

Im from Finland and came to the US last october on fiance visa.

Got married in November, applied for AOS/EAD/AP. My AP/EAD have been pending for 4 months, I have been calling USCIS for one month almost everyday.

Today I called, they said NBC ordered a denial for all my cases. I should get a letter this week why they denied it.

This is really weird?

What should I do????

I have never heard anyone getting denied.

Am I allowed to still be in the US?

I hope someone can help me.

Thank you.

[Darnell 8,479]

is possible an RFE was issued and you never received it, then the RFE deadline was past,

then USCIS auto-denied it for you failing to comply.

I suggest you call in again, ask for an ISO, a Tier 2 Human,

and :

1. ask if an RFE was issued and

2. ask if any returned mail pieces on you.

then report back here, when yer able.

Dealing with a CSR, the first human that answers, is a waste of time. You must ask to be transferred to an ISO, a Tier 2.

[Mela17 36]

I agree with Darnell. Also, are you following your case online? Do you have your case number? go to uscis.gov and put your case number in and see if they have entered reason for denial there.

[Harpa Timsah 13,258]

Chase up what Darnell has suggested; that is all good info.

I just want to add, that you can apply again, and you can stay in the US. Figure out why it was denied, though. A denial at this stage is without prejudice and something of a procedural error. Most likely a missed RFE or improperly replying to an RFE. Did you get an RFE at all? Sorry, but good luck.

[vendar 4]

The person who told me this was a tier 2 person.

I had a RFE but they received our response to it in December.

My status still hasnt changed online..

[Harpa Timsah 13,258]

Okay, so if you had RFE, then my vote is that your response was still not correct. Sorry

They can deny if the RFE response is not sufficient.

What was the RFE for, and what did you send? My guess is financial stuff related to the I-864.

Edited March 31, 2014 by Harpa Timsah

[Darnell 8,479]

ok - so when you talk (again) to an ISO,

ask if the RFE submittal was actually :

1. added to the casefile and on what date and

2. reviewed by an adjudicator and on what date.

[Lynkali 163]

If I recall correctly -- and please forgive me if I'm confusing you with someone else -- you initially had your entire packet returned, then you resubmitted in November/December and received a regular RFE, which you responded to. I don't recall if you explained what the RFE was for.

I'm in no way trying to be mean, but I suspect that given two different mistakes already, your denial came because you did not properly respond to the RFE. USCIS does not often give a second chance -- if your RFE response was not correct/sufficient, then your case can be denied.

You'll need to be VERY thorough when you file again -- please post your RFE and what it was you sent in response here, so you can get feedback. Something you're doing is not right (in the eyes of USCIS) and you'll need to figure out what it is before filing again.

In the meantime, yes, as I understand it you can stay here and file AOS again. You won't be able to leave the country and return until your EAD/AP comes through though.

[vendar 4]

It was about my husband's tax information. We filed the form about his income(affidavit of support) and sent a letter that he didnt file taxes the year before because he was in school.

We also have a joint sponsor, my father-in-law. And he makes more than enough money. I dont know what the problem is...

This is really shocking. I dont even know what I am supposed to do now.

[Darnell 8,479]

ok - a father in law.

did this fella file taxes jointly with a spouse? perhaps a mother-in-law?

if his tax filing status was 'married filing jointly'

and

the MIL NOT put forth an I-864A,

then I can see the dilemma.

[Harpa Timsah 13,258]

Also, "being in school" is not a good enough reason to not file taxes.

Please put the whole RFE here.

As to "what to do", you stay here, figure out the problem, and file again.

Edited March 31, 2014 by Harpa Timsah

[vendar 4]

Oh yeah actually it was because he was in school and didnt make so much money that he would have to file his taxes.

So I suppose there is a limit how much u have to make until you have to file taxes, and he did not make that much.

[vendar 4]

Also, before we responsed to the RFE, we called the USCIS, and asked what we are supposed to do because the RFE letter was confusing.

We did exactly what they told us to do. My husband wrote a letter to them why he didnt file taxes the year before. He was in school and thats why he didnt work , and so he made very little money so he didnt need to file taxes. And then filed again the affidavit of support forms.

I dont know if I am even going to apply again, this is juts getting ridiculous. I might just go back to Finland, and my husband will graduate in one year and then move to Finland with me.

If I if leave the country soon beacuse I got denied, and stop my immigration process, will I ever be allowed to come back here and visit??

[Virtuous45 31]

Vendar, I think for the experts to assist you in figuring out what to do, you need to do as Harpa suggested..post the RFE (copy and paste/type) in this thread. With all the details I think they should be able to point you in the right direction. Why make such a rush decision into leaving, when what you are facing could be easily sorted out. If the experts here are not able to provide you with the information needed to fix your case, then if you think leaving is the solution, then so be it.

But don't give up just yet. Best of luck.

[Hypnos 6,578]

If you departed within 30 days of receiving the denial notice, then you may be able to use the VWP in the future to visit.

It does sound as though you made a mistake with the RFE response.