Huge screwup by US or USCIS. Our I-485 cancelled due to no-show

[Tradewind 6]

The exact same thing happened to me but it was moving from Idaho to California and we filed change of address for both of us at the same time, this was back in 2012 and I still have the notices they sent me. It's unbelievable they manage to do this in the first place!

Once you notify them and they start to look back into it then it gets reversed real quick! We had verbal confirmation the same day we called and I think it was maybe 2 days between my denial notice and the motion to reopen letter plus an apology letter. Hope your resolution is quick too!

The mistake I made was I filed the applicants address change I-485 but did not know I had to file one for myself. I just did that a few weeks ago. But they received the main one in April. In my conversation yesterday to the USCIS officer had not realized the April 1 but she said she would go through the investigation and get back to me today.

Thanks for your input to us. It makes us feel better. Jim and Lily

[Tradewind 6]

I just received a call from the USCIS officer and this is what she said. In October 2013 we filed and I-130. In early December we filed and I-485. Around the end of December we decided to drop the whole thing so I sent a withdrawal letter for my I-130. The very next day we realized we had made a dumb mistake in withdrawing and called USCIS (before they received the withdrawal letter) that I did not want to withdraw. The officer in Tier 2 assured me that it would not be withdrawn. So in January we got the Biometrics appointment and shortly after my wife got her permission to work. We changed address and got the interview notice.

Now the USCIS officer is telling me the real reason the case has been denied is that I had withdrawn back in December and that is why the case was denied. She had orginally told me that the case was denied because we missed out appointment June 2. What I dont understand is why this is happening. We went through all the processes and now this is the reason for denial 8 months later. I talked to tier 2 at least 4 times in that 8 months and there was nothing ever said about anything wrong.

She is going to her supervisor to try to get it reversed. My wife is working now and we have done almost everything by the book with no RFE's.

Anyone have an idea. We are waiting for her call back again this afternoon.

[Harpa Timsah 13,258]

Oh, well that changes everything.

I think if you sent physical withdrawal letter, then you cannot unwithdraw by the phone. Hope I am wrong.

[sus 70]

Make an Infopass appointment at your local office and go in and talk to someone face to face.

[Tradewind 6]

Oh, well that changes everything.

I think if you sent physical withdrawal letter, then you cannot unwithdraw by the phone. Hope I am wrong.

I read in the rules that it could be withdrawn if they had not received it and they had not because I called the next day. My only solution the at the time was to call and speak to a Tier 2 person which I did and they assured me that it would be not a problem to withdraw the letter since they had not received it.. We have gone through the process with the Oct 130 filing and the December I-485 filing and Biometrics and interview notice with no Rfe's. My wife go work permissionl We have been together 6 years and married 4 years. I have given up my residency in Panama to get a residency in USA last year. We have done everything almost by the book. Now this. It is almost unbelieveable. My wife is working and we have a residence.

Our love for each other and our marriage is everything, everything.

What is your best advice for us if they deny this afternoon again. I am hoping they will not but I need to be prepared. Hope for the best and prepare for the worst.

Edited July 30, 2014 by Tradewind

[Tradewind 6]

Make an Infopass appointment at your local office and go in and talk to someone face to face.

These are the 4 kinds of appointments they offer for someone who has already filed a case. Which one?

• You can check current case processing times to get an idea of how long your case should take.

• If your case has a receipt number, you can check the status.

We offer 4 kinds of appointments for a case that you have already filed. Please choose from the following - Order from Immigration Court - If you were directed to us for processing based on an order from the Immigration Judge. You must bring all documents required in the post order instructions given to you by the court.

Case Processing Appointment - If you received a notice to go to your local office for further case processing.

EAD inquiry appointment - If your I-765 employment authorization application has been pending for more than 90 days.

Case Services follow-up appointment - If it has been over 45 days since you contacted NCSC and have not received a response to your inquiry. You must bring the Service Request ID Number related to your inquiry to the appointment.

[M and C 32]

I suggest you get an INFOPASS appointment so you could talk to them in person. Bring with you a letter for a motion to reopen your case and reconsider their decision of denial. Reiterate the circumstances why you missed your appointment, and that you had no intentions of abandoning the petition. Be ready with a form I-1290B, just in case they ask you. In our case they only asked for a letter, but we were ready with the I-120B when we went for an INFOPASS appointment.

By the way, did your notice also mention you can file for a Motion to Reopen and Reconsider within 30 days?

Edited July 30, 2014 by M and C

[Tradewind 6]

I suggest you get an INFOPASS appointment so you could talk to them in person. Bring with you a letter for a motion to reopen your case and reconsider their decision of denial. Reiterate the circumstances why you missed your appointment, and that you had no intentions of abandoning the petition. Be ready with a form I-1290B, just in case they ask you. In our case they only asked for a letter, but we were ready with the I-120B when we went for an INFOPASS appointment.

By the way, did your notice also mention you can file for a Motion to Reopen and Reconsider within 30 days?

Now the denial is not the missed appointment it is because they said I withdrew our application back in Dec 2013. Here is the info.

I just received a call from the USCIS officer and this is what she said. In October 2013 we filed and I-130. In early December we filed and I-485. Around the end of December we decided to drop the whole thing so I sent a withdrawal letter for my I-130. The very next day we realized we had made a dumb mistake in withdrawing and called USCIS (before they received the withdrawal letter) that I did not want to withdraw. The officer in Tier 2 assured me that it would not be withdrawn. So in January we got the Biometrics appointment and shortly after my wife got her permission to work. We changed address and got the interview notice.

Now the USCIS officer is telling me the real reason the case has been denied is that I had withdrawn back in December and that is why the case was denied. She had orginally told me that the case was denied because we missed out appointment June 2. What I dont understand is why this is happening. We went through all the processes and now this is the reason for denial 8 months later. I talked to tier 2 at least 4 times in that 8 months and there was nothing ever said about anything wrong.

She is going to her supervisor to try to get it reversed. My wife is working now and we have done almost everything by the book with no RFE's.

Anyone have an idea. We are waiting for her call back again this afternoon.

[sus 70]

Just pick one, it's an appointment - I would say Case Processing appointment

[M and C 32]

Now the denial is not the missed appointment it is because they said I withdrew our application back in Dec 2013. Here is the info.

I just received a call from the USCIS officer and this is what she said. In October 2013 we filed and I-130. In early December we filed and I-485. Around the end of December we decided to drop the whole thing so I sent a withdrawal letter for my I-130. The very next day we realized we had made a dumb mistake in withdrawing and called USCIS (before they received the withdrawal letter) that I did not want to withdraw. The officer in Tier 2 assured me that it would not be withdrawn. So in January we got the Biometrics appointment and shortly after my wife got her permission to work. We changed address and got the interview notice.

Now the USCIS officer is telling me the real reason the case has been denied is that I had withdrawn back in December and that is why the case was denied. She had orginally told me that the case was denied because we missed out appointment June 2. What I dont understand is why this is happening. We went through all the processes and now this is the reason for denial 8 months later. I talked to tier 2 at least 4 times in that 8 months and there was nothing ever said about anything wrong.

She is going to her supervisor to try to get it reversed. My wife is working now and we have done almost everything by the book with no RFE's.

Anyone have an idea. We are waiting for her call back again this afternoon.

[M and C 32]

Thanks for clarifying. If the reason for denial is your withdrawal, then you have a stronger case to request to re-open and reconsider. You can write in your letter that you have actually called to withdraw your withdrawal letter. I just wish you have a paper trail to back it up, but since you made your request by phone, you can still write the letter in good faith. Just bring it with you when you talk to them in person.

At any rate, as what others have suggested, get an INFOPASS appointment ASAP.

[Tradewind 6]

Thanks for clarifying. If the reason for denial is your withdrawal, then you have a stronger case to request to re-open and reconsider. You can write in your letter that you have actually called to withdraw your withdrawal letter. I just wish you have a paper trail to back it up, but since you made your request by phone, you can still write the letter in good faith. Just bring it with you when you talk to them in person.

At any rate, as what others have suggested, get an INFOPASS appointment ASAP.

I have the infopass appointment for August 12. Now I am just waiting to hear from the Case officer if her supervisor will override the denial.

I have something of sorts going for me. 3 years ago when we were living in Panama we went to the Embassy to secure a B2 visa for my wife. I asked my US Senator from Oregon's office to write a letter to the Embassy. With that Senators letter we were approved in a blink of an eye. I have kept in touch with the Senators office for the last 3 years so they know us from emails and Christmas and pictures. They said if we need any help with this process they told me just let them know. We will have the info pass appointment in Portland Oregon where my US Senators office is also located. I am sure they will write a letter to USCIS after I explain our circumstances at least giving us a fair chance.

I just talked to a tier 2 officer this morning (not the officer in California) and told her the circumstances. She said since I wrote the letter I could not withdraw it. I read that if they did not receive the letter I was able to withdraw it and the only way I had was by phone. The tier 2 officer back in December told me since they had not received the letter I could withdraw it. All telephone conversations are supposed to be recorded and the case officer in California saw on the log that I made that call. Dont think she listened to the recording yet. I would think a transcript would be available for that.

Anyway we will wait for the verdict this afternoon. Our appointment is in place for Infopass in August. The person that I talk to in Portland will take the facts but I doubt if he will make the decision. I will take with me a letter withdrawing my withdrawal.

Regards Jim and Lily

[Tradewind 6]

I found this on the internet and I will outline in bold below. This seems to be some good news as I never received an acknowledgement letter that the petition was withdrawn. We received Biometrics appointment. My wife received her USCIS EAD right to work card. We received an interview appointment. How can they say the I-130 was cancelled now without an acknowledgment letter. We received all those other things mentioned.

After Filing the Visa Petition But Before USCIS Approves It

If you have already sent in Form I-130 (Petition for Alien Relative) but the case hasn't gone farther than this, you can “withdraw” your petition. To withdraw your petition, write a letter to U.S. Citizenship and Immigration Services (USCIS) at the same address where you filed the I-130. The letter should include:

1. your name and date of birth

2. your relative's name and date of birth

3. the “receipt number” for the petition that you filed (listed on the Form I-130 “receipt notice,” Form I-797), and

4. a statement that you want to withdraw the petition.

A few weeks after mailing, you should receive a letter from USCIS acknowledging that you've withdrawn the petition. If you do not receive such an acknowledgment, consider having a well-qualified attorney help you make sure that USCIS has “cancelled” the petition.

[Tradewind 6]

A TRUE MIRACLE. The case officer just called and told me they made an exception and re-opened the case and is in process of transfer to Oregon for our appointment.

YESSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSS we are in happy tears.

[M and C 32]

I'm so happy how things worked out for you guys. I pray things will go well from here on. Thanks for sharing your experience, as somebody might also learn from this.