Active duty deployed service member, wife just turned away from I-485 interview

[Aaron and Marina 24]

I did a complete, very through quality AOS package, inclusive of the I-756 and I-131 and sent in 11 Jan of this year. Knowing I would be deployed, I included a bold message on the outside of the package stating I would deployed, along with a clear, signed official letter from my unit commander next stating the same along with dates (in the Air Force, you don't get official paper orders until about a week before departing). There is no way to miss this information. Since then, my wife received her EAD/Travel card as well as the NOA to attend an interview today at the St Albans VT ASC. Of course, I mailed her an original, signed copy of my orders, she has a current Air Force dependent ID, etc. Everything was done 100%...I even wrote a letter to the officer, from me....signed it and mailed to my wife along with several other required items.

Interview time: The guy asked her where I was and she said I am deployed (do they not even review the package before the interview???). He says oh and goes in back to talk to someone. He comes back and asks for a copy of my orders...she gives them to him...he goes back to his office, talks to someone again...returns and says the interview is a family thing, reschedules it for when I'll return, and turns her away. That's it. Keep in mind, there is NOTHING that even gives the hint our marriage could not be legit. Moreover, we bought a $165,000 house that we own outright with both names on the deed, not to mention I put her as beneficiary on my SGLI (life insurance) where she gets $235,000. And so on and so forth. From what I gather, he just deviated from USCIS SOP and turned her away.

This cost me about $500 to the dollar for this, in addition to the $985 it costs for the package itself. To do an interview when I get back will cost me about $200, 8 hours of driving and a day of leave. I did the research, and everyone I talked to and everything I read to include the USCIS official website, the USCIS mainline and military helpline all said the same thing: I did not have to be there. There is no maybe, sometimes, possibly, up to the discretion of, etc etc. 100% I do not have to attend the interview. Had that been the case, I would have called to resched the interview after my wife got the NOA for an interview today, and saved myself $300! That would have been a few minutes of my time, and very simple. Now it will cost me $500 I just lit on fire, time wasted. and other $200 to do an actual interview when I do return in the fall.

Thoughts? What recourse do I have? Has anyone experienced this? I'd like to know experiences and/or good info and/or thoughts you all may have

Thanks...

[Pitaya 2,577]

~Moved from K-1 Process to Family-based AOS Case Filing and Progress Reports Forum~

~inquiry about AOS interview, past K-1~

[Darnell 8,478]

you could engage with the constituent Liason at your Congressman's office,

the human that handles the Immigration Liason Staffer (ILS) duties,

and

have them engage that local office, citing misdeeds.

Takes a bit of time, but if you start now, might be done in a month.

IMO, the person handling the interview not review the A-File, prior, and it was in the building.

[Aaron and Marina 24]

you could engage with the constituent Liason at your Congressman's office,

the human that handles the Immigration Liason Staffer (ILS) duties,

and

have them engage that local office, citing misdeeds.

Takes a bit of time, but if you start now, might be done in a month.

IMO, the person handling the interview not review the A-File, prior, and it was in the building.

I actually have the Senators info...along the same lines as what you wrote. Not sure though what you meant by "...and it was in the building"?

[Darnell 8,478]

The A-File !

That contains everything you've ever submitted,

from

the I-129F

all the way up to

the I-485.

Since the stuff you included with the I-485 [mentioning you are deployed] was not acted on, it's my best opinion that the interviewer not actually read the A-File.

A-Files are shipped to the local office when an interview is scheduled. The sub-human that interviewed your wife not read the A-File, not read the stuff you put in there about deployment.

[Aaron and Marina 24]

The A-File !

That contains everything you've ever submitted,

from

the I-129F

all the way up to

the I-485.

Since the stuff you included with the I-485 [mentioning you are deployed] was not acted on, it's my best opinion that the interviewer not actually read the A-File.

A-Files are shipped to the local office when an interview is scheduled. The sub-human that interviewed your wife not read the A-File, not read the stuff you put in there about deployment.

So what you're saying is, he obviously didn't review the case and thus, didn't know even know I was deployed right up until he asked my wife where I was?!. And this threw off his whole interview. However, since he screwed up, instead of just pressing, he turned my wife away, cost us all kinds of time, money and energy. Correct?

[Darnell 8,478]

correct.

look - we all put a lot of faith into other humans, to actually do their jobs. That doesn't happen at the local offices, mostly, because of the lacksidaisical attitudes shown by the majority of the workers.

This fella screwed up, big time, and had a supervisor to cover his @ss, suggesting a reschedule.

NO ONE READ THE @#$@ing A-File.

[Aaron and Marina 24]

Holy #######! After making some phone calls, little research, etc etc (I've become very resourceful and quick even deployed)...I told my wife not to give up! Go back with a print out from the USCIS website saying I don't have to be at the interview and go fight! Be cool, but give the facts and appeal to them...explain how it's incorrect that I have to be there, etc etc. She fought...got the interview and was APPROVED on the spot! How crazy is this? Thanks for reading and the info! Fortunately, this is a non issue

[Darnell 8,478]

Yay ! Mischief Managed !!!

Carry On, AirMan !!!

[Harpa Timsah 13,258]

Good one! That was fast.

[Aaron and Marina 24]

Thanks all!

This makes me think about something: my wife and I had an INSANE time with the SSA...both in Florida, and Vermont (she went there to stay while I was deployed). Out of the countless people I talked to, visits to the SSA office, we figured out the SSA is staffed w/the most rude, unprofessional, incompetent people you can ever hope to encounter. I've met dope fiends with more intelligence, spirit and politeness than these people...but as most know, this is pretty common knowledge and enough has been written about the SSA. Because of that particular situation though, I've since, for the last 1 1/2 months of being deployed, have not been able to do my job, failed a physically fitness test, going from an excellent to not even passing, and finally became sick for 10 days. Further unable to do my job and maintain fitness standards. That's not to mention my friends and family jumping through hoops...only to be told "sorry, come back tomorrow". Why? Things were done wrong. The human factor.

.

With this situation, it was a failure of the immigration officer to properly administrate the case. And what is the answer? Sorry, come back tomorrow. And why? Because they can...and they know it. Because we have to go back...and do it again. Spend more money, time...there's no choice. Getting my wife here was easy. We put in the work, paid the money, did the research. It's after she got here the problems came into the play...the human element. And this despite the hours of research, paperwork, phone calls, etc...ensuring we were good to move forward. Come back tomorrow.

Is this how we welcome foreigners and treat out own citizens? Our military? Sorry....we messed up. Come back to tomorrow. The SSA and USCIS is a HUGE part of this process as we know, but sometimes, what our spouses learn is the US governments admin departments are about as good as a used car lot. So what are they supposed to think? America is the greatest country in the world! But sorry we messed up, please come back tomorrow.

But my wife went back that day and fought for what was right...and won.

[Boiler 45,541]

You still have the DMV to go...

[Aaron and Marina 24]

You still have the DMV to go...

What's w/trying to cast a black cloud on this with some random thing...the DMV?

My wife getting her driver's license is not an emergency nor will it or does it need to happen right away...and by I'll be back in the states and with her by then.

Trust me...after what we've just been thru w/the SSA, me deploying which is hard enough in and of itself especially under these circumstances, random flight cancellations (day before the interview) and then her being turned away from the interview itself because the workers didn't have time to review the file prior, so they used my deployment and not being there as an excuse to resched.....trust me, the DMV will be easy. I know how all this ####### works and every step of the K-1 by now, so I don't become surprised or go whacko when problems come up.

The DMV...LOL. Thanks for the heads up bro

[Pitaya 2,577]

Happy that it all worked out for you!!

[Aaron and Marina 24]

Thank you very much!

It turned out, like Darnell was speculating, the officer didn't review the case prior. When I wasn't there, it threw off their whole operation, and in order to cover their a$$ last minute, they resched'd and tossed her out. That's exactly what happened. It's cool though, because afterall, she's just a dumb foreignerin a great American government agency and won't fight it....she has no idea if it's correct or not, so she'll just buy it. I'm sure they counted on that.

What those F's didn't count on though, is I'm deployed, and TSgt in the US Air Force and in constant contact w/my wife, as I was at that instant. I researched and ran all this down since the beginning, and I won't have my money or my wife's and cousin's time wasted, because officers don't want to review the file. We paid $985 for this. We paid for a service as does everyone else, and not only do I expect to and will receive that service that I paid for, but I sure as he11 won't tolerate having even more money and/or time wasted because of bad processes/workers.

So she went back, gave them the deployment poclicy straight from the military section of the USCIS website, and drilled them to provide a good, reasonable honest answer why they couldn't and/or wouldn't do it. She pressed them hard apparently. I guess they decided, knowing it was their mistake, this was getting real and before this got taken to a place they didn't want it to go, they decided to come clean and make it happen. During the interview, which lasted all of 1 minute before the approval, the guy was apologizing profusely. That just says it all right there.

So I mean, it all worked out, but it should never have come to that.