Intent to Deny

[DJ&L 83]

Hi All,

So, received a Notice of Intent to Deny on my wife's I-485. Looks more like an RFE. Couple of questions.

I take it they don't send an RFE...just the Notice?

The Denial is pursuant to 201b...saying we must establish eligibility to request this benefit.

They have asked for documentation that should have been included in the original I-129F petition. In fact, they have asked for some of the same documentation that I submitted in response to an RFE for the I-129F a year ago in July. Also, this isn't documentation that was required for the I-485 submittal.

Do they evaluate the I-485 on it's own merits or do they go back and look at my I-129F as part of the process too?

They want:

1. My Birth certificate

2. My Divorce Decree (provided in the original I-129F and a second time in the RFE and not required for the I485)

3. An explanation why my wife was living in China when her divorce was issued in Norway. (She had moved home prior to the divorce being final)

4. Copy of my wife's divorce and the certified translation. (already provide as part of the I-129F and not required for the I485)

5. Evidence of a shared life together. (which I did not provide enough of in the original petition)

Does this sound like a "normal" RFE or should I be more concerned?

[CowBoE 429]

Do they evaluate the I-485 on it's own merits or do they go back and look at my I-129F as part of the process too?

They want:

1. My Birth certificate

2. My Divorce Decree (provided in the original I-129F and a second time in the RFE and not required for the I485)

3. An explanation why my wife was living in China when her divorce was issued in Norway. (She had moved home prior to the divorce being final)

4. Copy of my wife's divorce and the certified translation. (already provide as part of the I-129F and not required for the I485)

5. Evidence of a shared life together. (which I did not provide enough of in the original petition)

Does this sound like a "normal" RFE or should I be more concerned?

These knuckleheads, they already scrutinized legitimate marriage eligibility of one or both of you guys

during I-129F, and they already cleared it for you guys to get married, and they could be checking that again?

If all was good to approve the K1 visa the first time, hopefully that part is OK,

and that they just want more "shared life" evidences.

Best wishes

[KayDeeCee 4,896]

It is not the typical documentation asked for, no, since it is not part of the required initial evidence when filing the I-485. They can ask for additional evidence though. No clue why they may be asking for it though. Sometimes documents seem to go missing from files.

Was this sent from your local USCIS office? I have seen others get what is just an apparent RFE, but labeled as an intent to deny. That wording just seems to panic and worry those that receive it. Just respond within the time given with what they are asking for.

[Darnell 8,479]

ya, it almost smells like this is coming from a local USCIS office, and not one of the service centers.

Let's assume, for the moment, all Is coming from a local USCIS office,

and

the problem is that these things were asked for, because the person doing the adjudicating does not have the A-File.

How to fix this? The local office has a drop-box - you can drop things in there by sweet-talking the security guard to let you use the drop box, and

1. make a cover letter explaining that all that was asked for is actually in the A-File.

2. Include a paragraph asking for supervisor review, as it seems the adjudicator is not aware she is adjusting from a K-1 visa.

3. Item 3 in your list can be covered by a letter of attestation.

4. Item 5 in your list Is usually not required when adjusting status from a K-1 visa, again it smells like the adjudicator is not aware that the AOS is AOS'ing from a K-1 visa and attempting to use the other rules on adjusting from a work/student/tourist visa [which are a bit harder]. So, address this in the letter that you will be writing, yet another paragraph.

If the return address in the NOID is actually a SERVICE CENTER and not a local USCIS office - I say it's mostly the same problem - the adjudicator does not have the A-File in front of him/her.

The A-File is the grand collection of all things submitted by you and her, from day 0 till yesterday. The adjudicator is supposed to have the A-File in front of them when trying to adjudicate the case.

ug ug, and whew !

[DJ&L 83]

Darnell,

Thanks so much for the advice....very much appreciated. Yes....from a local office not a service center. It came from an office in Columbia, South Carolina. I'm in San Antonio. So...it's not an office I can show up at unfortunately.

Just strange to me that so much would be missing and they would ask for items that were clearly needed earlier in the K1 process. Also, we had received a " Potential Wavier of Interview" letter several months ago....so when we got this letter we actually thought it might be a green card....but no! haha

I have until the end of August to "inspect the evidence in the case and offer written evidence in rebuttal".

[DJ&L 83]

They are asking for all the evidence of a shared life as would provided for ROC. I guess I'm obligated to provide that all now even though I'm only petitioning for a conditional green card?

I'm trying to avoid having to get affidavits from family, friends and neighbors. (which is on the list of things they suggest for evidence of a shared life)

Or should I point out that I'm adjusting from a K1 to a conditional green card?

Edited August 11, 2014 by DJ&L

[Darnell 8,479]

reread my post, post #4,

and then flesh out that letter,

focusing on:

1. supervisor review request and

2. AOS from K-1 visa and

3. why the adjudicator not have the A-File in front of them.

----

You may want to talk with an ISO, a Tier 2 Human, on the National Call Center Hotline, asking them to check and see if the A-File is actually at the office or no.

[DJ&L 83]

reread my post, post #4,

and then flesh out that letter,

focusing on:

1. supervisor review request and

2. AOS from K-1 visa and

3. why the adjudicator not have the A-File in front of them.

----

You may want to talk with an ISO, a Tier 2 Human, on the National Call Center Hotline, asking them to check and see if the A-File is actually at the office or no.

Thanks again!

[DJ&L 83]

reread my post, post #4,

and then flesh out that letter,

focusing on:

1. supervisor review request and

2. AOS from K-1 visa and

3. why the adjudicator not have the A-File in front of them.

----

You may want to talk with an ISO, a Tier 2 Human, on the National Call Center Hotline, asking them to check and see if the A-File is actually at the office or no.

I sent a letter and all the documentation they requested. Figured that was the best approach at this point. I also addressed the fact that perhaps there was some confusion about what visa category she's adjusting status from....but I still included a few documents of our "shared life". (bank statements and insurance coverage)

[Darnell 8,479]

Man, I hope you get some juice after that packet is reviewed.

However - did you talk with an ISO about this, over the phone? I swear, it smells like:

1. A-File not in front of adjudicator

2. Adjudicator confused, not knowing K-1 to GC AOS rules (happens often at local offices, btw)

3. Supervisor review is absent

[DJ&L 83]

Man, I hope you get some juice after that packet is reviewed.

However - did you talk with an ISO about this, over the phone? I swear, it smells like:

1. A-File not in front of adjudicator

2. Adjudicator confused, not knowing K-1 to GC AOS rules (happens often at local offices, btw)

3. Supervisor review is absent

What would the ISO do about it? Just inform me or actually do something?

[DJ&L 83]

Waiting for an ISO. Did speak to the front line person.

He explained to me that each petition is evaluated on it's own. There's no reference to previous petitions. I ask why then I'm being asked to establish eligibility to request this benefit when that's already been established and that's not asked for in the I-485 petition. He said, if you have questions about the documentation being asked for, please consult and immigration attorney. hahaha!!

So, I asked him again, do they have access to the A-File? He said, they have access to "your immigration records" but they wouldn't have access to any previous petitions because those are all sent to the National Records Center.

[DJ&L 83]

Man, I hope you get some juice after that packet is reviewed.

However - did you talk with an ISO about this, over the phone? I swear, it smells like:

1. A-File not in front of adjudicator

2. Adjudicator confused, not knowing K-1 to GC AOS rules (happens often at local offices, btw)

3. Supervisor review is absent

Well...she wasn't much more help than the front line employee.

I asked if they have the file available to them. She couldn't say. I asked why they are asking for information that has been supplied, sometimes twice already both in the I-129F and K1 visa process, and she seemed to imply that if they don't have all that information available to them they will request it. She said they often want to see "updated" documentation. I said, they don't update birth certificates and divorce decrees. All seems to indicate they do not have the file in front of them

I told her it seems as though the person adjudicating the file perhaps, maybe, possibly, potentially is confused about what we're AOSing from. So I asked how I can make sure it gets reviewed by a supervisor. She said all we can do is wait for the response to our submission and respond at that point.

One other tidbit. They said they sent an RFE on July 23rd but we failed to respond. I can say categorically, we never received an "RFE". But the NOID was dated August 1st...and looks like an RFE. Would they really send out a NOID 8 days after an "RFE" for failure to respond....in 8 days? Just irritates me that the file says we failed to respond to the RFE.

Anyway...we sent what the asked for. I don't anticipate issues...but then I didn't anticipate this either. If we're denied at this point...is this the point where there's no appeal and we'd have to start over?