i485 administratively closed

[devo77 8]

My wife arrived on a k1 visa in sept of 2014 and we married in Oct (within 90 days).I filed for her AOS on January 30th (after i94 expired). She had her biometrics Appointment on March 4th. This past Friday we received a letter stating that her application was administratively closed because she is in removal or deportation proceedings. I was under the impression as long as I married within 90 days we could adjust her status within a reasonable time frame. We never received any notice she was in any removal proceeding until we received this letter. Do you guys think this is an error by the USCIS? If we were in removal/ deportation proceedings, why would they schedule us for a biometrics appointment? We have called USCIS and spoke to a their 2 officer and they are going to check with the national benefits center to confirm if we are indeed in removal/deportation and will email us with the results. Has anyone heard of this happening before?

[canadian_wife 1,822]

Is there ANYTHING in her past that may make her eligible for removal proceedings?

Good luck

[devo77 8]

There is nothing that would make her eligible for deportation. I just hope it has nothing to do with filing within 90 days. Like I mentioned before we married well within the 90 day period. She passed all background checks for the k1 visa, doesn't have a criminal record and has never overstayed her tourist visas.

[devo77 8]

There is nothing that would make her eligible for deportation. I just hope it has nothing to do with filing within 90 days. Like I mentioned before we married well within the 90 day period. She passed all background checks for the k1 visa, doesn't have a criminal record and has never overstayed her tourist visas.

[Hypnos 6,576]

This sounds like an error.

Try calling the automated status information line for the Executive Office of Immigration Review, at 1-800-898-7180. Follow the prompts and input your wife's alien number, and see if there are any hearings listed. If it comes back with nothing then it's probably an error on USCIS' behalf, mixing your case up with someone else's.

[devo77 8]

Holy cow!!! I just called that number and entered my wife's A number and it came up as someone else. This person must have some sort of deportation/removal proceedings against him. How the hell does the USCIS screw up this bad. I doubled checked all my paperwork and I definetly entered the right A number. They must have assigned the same A number to two people.WFT!!

[Hypnos 6,576]

Well, now you know what's going on.

Make an Infopass appointment at your local office, and tell them they have used the same alien number for two different people.

In your position, I would also contact the DHS Ombudsman too: http://www.dhs.gov/contact-cisomb. You should pull no punches getting this resolved.

Edited March 24, 2015 by Hypnos

[CowBoE 429]

This sounds like an error.

Try calling the automated status information line for the Executive Office of Immigration Review, at 1-800-898-7180. Follow the prompts and input your wife's alien number, and see if there are any hearings listed. If it comes back with nothing then it's probably an error on USCIS' behalf, mixing your case up with someone else's.

Well, now you know what's going on.

Make an Infopass appointment at your local office, and tell them they have used the same alien number for two different people.

In your position, I would also contact the DHS Ombudsman too: http://www.dhs.gov/contact-cisomb. You should pull no punches getting this resolved.

Wow...awesome answers. You deserve some bonus pay on this one.

[devo77 8]

Should I go to my info pass appointment first and then contact the ombudsman. What can the ombudsman do for me?

[devo77 8]

BTW Hypnos I greatly appreciate the help. You are a awesome!!!

[Hypnos 6,576]

You are welcome.

I would certainly try an Infopass first, and see how it goes. If you don't get the response you want - or there is a substantial wait for an appointment - I would then approach the DHS Ombudsman.

I'll warn you in advance that the Ombudsman's wheels spin slowly, but they will eventually get the issue resolved (assuming USCIS can't / won't fix it themselves). I had to approach the Ombudsman to get USCIS' mishandling of my case resolved, and it took about six months to eventually straighten out. Much of this delay was caused by USCIS themselves, though; they move at glacial speeds.

Edited March 24, 2015 by Hypnos

[Dashinka 24,514]

This is why VJ is such a good site. With this community, there always seems to be someone that has had the same or similar experience that is willing to help out, kudos Hypnos.

Good Luck Devo in straightening this out. Hopefully, the Infopass will take care of it. My only added suggestion would be to also contact your congressperson/senator if you start seeing the correction dragging out.

[devo77 8]

I have scheduled an info pass appointment for next Tuesday. I am keeping my fingers crossed that they will be able to straighten things out.

[Adrian-Gloria 43]

Can you get it expedited because of USCIS mistake?

[Soloenta 2,218]

I have scheduled an info pass appointment for next Tuesday. I am keeping my fingers crossed that they will be able to straighten things out.

I for one am praying for you and your wife. God bless you and that this mistake be fixed as soon as possible.