I-485 Denied!

[M and C 32]

So we filed last August 27, 2013, got my EAD/AP in October. They sent us a potential interview waiver in December. We received a letter dated Feb. 12, 2014 requesting to submit Form I-693. Done that and sent the documents through FedEx in a sealed envelope in March 31, as per instructions in their letter to send it to Chatsworth, CA, addressed to a named officer. Got a notification from FedEx that it was received (a different person signed for it, though). So we were just silently waiting for the GC to arrive.

Then today, I got a letter from the mail that our application has been DENIED! It states "However your service file shows that you failed to submit documents as requested by USCIS."

Anybody here who got into this situation? What's the next thing to do? I have the following:

1. FedEx receipt, and email notification that somebody received it in Chatsworth,

2. photocopy of the I-693, the cover letter (stating submission of the necessary form),

3. and the letter from USCIS requesting for the RFE.

And I wonder why they keep sending letters to our old address when I informed them of our new one. They did acknowledge the new address via email, text, and through snail mail.

P.S. We filed the I-485 in Chicago (as per instruction); did my biometrics in Chatsworth (again, as instructed).

[Harpa Timsah 13,258]

I vote the issue is that you did not respond to the RFE properly. It asked for a I-693, what exactly did it ask for and what did you send?

[M and C 32]

I vote the issue is that you did not respond to the RFE properly. It asked for a I-693, what exactly did it ask for and what did you send?

The RFe asked for a medical examination report (I-693), which I did with an authorized US Civil Surgeon. The instruction was to send it in a sealed envelope addressed to a certain USCIS officer in Chatsworth office. I did that.

And there's more -- the letter said I was paroled into the US on June 14, 2009. That isn't even true. I only got my AP last October 2013. I haven't even met my then fiance (now my husband) at that time! My husband and I did travel to the Philippines last November and was paroled last Dec. 12, 2013, with no problems whatsoever.

Edited May 24, 2014 by M and C

[Harpa Timsah 13,258]

You got a complete medical? The Civil Surgeon who does the medical is meant to give you the results in a sealed envelope, did you do that?

What letter says you were paroled in 2009?

[M and C 32]

You got a complete medical? The Civil Surgeon who does the medical is meant to give you the results in a sealed envelope, did you do that?

What letter says you were paroled in 2009?

1. Yes, I got a complete medical -- physical, immunizations, and chest x-ray (even if I did those already for the K1 interview). The Civil Surgeon gave me a sealed envelope with the results, which I sent to USCIS. The RFE letter said I should submit it on or before May 13, 2014. I sent it March 31 and someone from USCIS signed that it was received (based on FedEx notification) on April 2.

2. Same letter that said our I-485 application was denied. I didn't even travel to the US on that date, nor was I on US soil around that date. And for all intents and purposes, how could I be paroled on the said date (June 14, 2009) when I didn't even have an Advance Parole card then.

Edited May 24, 2014 by M and C

[Harpa Timsah 13,258]

Right. So either 1) they did not get your I-693. The date of May 13 as the deadline makes that seem possible, but you have grounds for appeal since you have proof of sending it.

2) they sent another RFE that you did not receive and respond to... or

3) There is a mistake and you are not denied. That letter is weird, as it has the wrong information about you being paroled, it invites questioning about what else might be wrong on the letter.

Unless someone else here has an idea about what it might be, I think you'd have to either call them and get a Tier 2 officer, or make INFOPASS and ask an IO there.

Good luck to you.

[M and C 32]

Right. So either 1) they did not get your I-693. The date of May 13 as the deadline makes that seem possible, but you have grounds for appeal since you have proof of sending it.

2) they sent another RFE that you did not receive and respond to... or

3) There is a mistake and you are not denied. That letter is weird, as it has the wrong information about you being paroled, it invites questioning about what else might be wrong on the letter.

Unless someone else here has an idea about what it might be, I think you'd have to either call them and get a Tier 2 officer, or make INFOPASS and ask an IO there.

Good luck to you.

1. It seemed it didn't get to the right person, even if we addressed it to a particular officer as the RFE letter instructed.

2. If they sent another RFE, I didn't get it.

3. The letter is weird alright.

Thank you for your input.

[M and C 32]

Good luck to you.

Thank you for your input. We got an INFOPASS appointment last June 11 and our case was reopened. Got the GC last June 20.

[Harpa Timsah 13,258]

Thank you for your input. We got an INFOPASS appointment last June 11 and our case was reopened. Got the GC last June 20.

Great news! What exactly happened?

[M and C 32]

Great news! What exactly happened?

We went to a lawyer and he gave us three options:

1. Get an INFOPASS appointment and bring all evidence that we complied with the I-693 in a timely manner and see how it goes; but be prepared to submit the I-120B (Notice of Appeal or Motion) together with a brief explaining the basis for the motion to reopen case and reconsider the decision;

2. Submit the I-120B right away, in which case we have to send the paperwork to Chicago Lockbox and pay filing fee of $630;

3. Do the I-485 application all over again (which obviously costs more).

He strongly suggested we do option #1. He kindly advised us how to write the brief, and told us to go back to him with all the paperwork, including the I-120B. He went over our papers, free of charge, which was very kind of him, considering it was already our second consult with him.

So we went to our June 11 INFOPASS appointment. We presented our case to the IO. He showed us that my file didn't have the I-693 that we sent. We presented all evidence that we did comply, including a photocopy of the original I-693 (my husband and I even had to request another copy in a sealed envelope from the Civil Surgeon, just in case; but the IO didn't ask for it). We also submitted the brief for the motion. He said they will decide on our case within 45 days. The night of June 11 I got an email notification that our case was reopened, then on June 16 we got a notification in the mail that our I-485 petition has been approved. Yay! God is good, all the time.

P.S. USCIS didn't require us to pay the $630 filing fee for the motion to reopen and reconsider. That's $2130 saved altogether! (Lawyer said if we let them do the paperwork, their fee is $1500. So it was really very kind of him to suggest that we prepare all the paperwork ourselves and that he would gladly go over them for free.)

Edited July 5, 2014 by M and C

[KayDeeCee 4,893]

Congrats! And thanks for the update and explanation of your situation. It could help someone in the future that gets mistakenly denied and needs to get it settled. Good that you kept the paper trail showing you complied. That is something important for any stage of immigration. We have to keep good records because we are the only advocate for ourselves.

[M and C 32]

Congrats! And thanks for the update and explanation of your situation. It could help someone in the future that gets mistakenly denied and needs to get it settled. Good that you kept the paper trail showing you complied. That is something important for any stage of immigration. We have to keep good records because we are the only advocate for ourselves.

Thank you! Yes, hopefully by sharing our experience someone in a similar situation will benefit from it.

[sweet cakes 326]

Thank you for your input. We got an INFOPASS appointment last June 11 and our case was reopened. Got the GC last June 20.

Congrats, M and C!

[Kathryn41 3,205]

Congratulations! I'm also glad you met with a compassionate lawyer who was able to advise you with your best interests at heart.

Edited July 7, 2014 by Kathryn41

[M and C 32]

Congrats, M and C!

Thank you! God bless.