I-130 denied, now what?

[NikLR 13,227]

They wanted proof of the trip as indicated in a Dec. 2015 letter: "You were scheduled to appear for an interview on X in connection with your I-485 Application to Register Permanent Residence or Adjust Status application. However, on X, you called USCIS National Customer Service Center to request a rescheduling of your interview. ....Please send a written statement within 30 days explaining your absence with any supporting documents."

They have never requested additional evidence for the marriage.

The rejection letter states : "USCIS received your form 1-130 on June X, 2015. USCIS requested that you appear on January X, 2016 for an interview about your petition, but you did not appear as requested. You also did not submit any correspondence to USCIS explaining why you were unable to appear for the interview. Therefore, your form I-130 is considered abandoned and is denied."

Did you guys address both of these? Or did you just reschedule your I-485 interview?

Also it's important to note that being out of the country is not a valid reason to miss an interview. Unless you're dying or an immediate family member is dying, it's mandatory. You should've made every effort to be back before that date.

Again, really sorry, but please just file again. Add more evidence this time that you have a genuine marriage. Try not to take any trips out of the US that may keep you away from an interview, and if you do, then have a close friend check your mail. (really when you travel you should have someone check your mail and your home while you're gone. Things happen and insurance companies are more likely to settle on your side if you had someone checking up.)

[caliliving 606]

i think people advised you not to leave and miss your interview date, you choose to do that so now you have to refile. I honestly don't understand why anyone would miss an interview that you have been waiting forever for especially knowing how governments work especially to go on a vacation:/

[ayla_42 39]

i think people advised you not to leave and miss your interview date, you choose to do that so now you have to refile. I honestly don't understand why anyone would miss an interview that you have been waiting forever for especially knowing how governments work especially to go on a vacation:/

I have to agree with this.

[belinda63 3,038]

You can't appeal so re-file.

[Unidentified 2,930]

Fair enough, but we are living together. We were legally married in December 2014, and we moved in together in July 2015. We noted the reasons as to why were living apart in the application letter, and informed them about our move-in date.

Again, biggest problem seems to be that they did not receive the documents that I sent (they stated clearly on the rejection letter that no explanation was received for missing the interview), and no InfoPass appointments are available in my area. Do they accept walk-ins at the USCIS office?

You said in your first post that you weren't living together. You keep saying a lot of things in your first post that you later deny in later posts. Make up your mind.

From the info you've given us it is clear you failed to prove you have a bone fide relationship (not living together, only affidavits and some pictures, no co-mingling of assets).

You keep saying you sent in proof of your trip and that they didn't respond. Most likely they looked at it and felt that a vacation was not a good enough reason to miss out on a Green Card interview. Only excuse they feel is worth listening to is if you're hospitalized or a family member is dying.

You can't appeal so you need to refile. Make sure you send in way more evidence of your relationship and do not miss your interview next time.

[chicinchic 1]

I explained the reasons to the USCIS officer in person and he said that was not a problem. He said you are allowed to reschedule for non-medical reasons, and said that people do reschedule during that time of year because they are visiting family. He said I just need to show that I was, in fact, abroad and not still in the country.

[Unidentified 2,930]

I explained the reasons to the USCIS officer in person and he said that was not a problem. He said you are allowed to reschedule for non-medical reasons, and said that people do reschedule during that time of year because they are visiting family. He said I just need to show that I was, in fact, abroad and not still in the country.

Most of the people at the info pass locations have no idea what they're talking about. They're not the ones working on cases.

[caliliving 606]

I explained the reasons to the USCIS officer in person and he said that was not a problem. He said you are allowed to reschedule for non-medical reasons, and said that people do reschedule during that time of year because they are visiting family. He said I just need to show that I was, in fact, abroad and not still in the country.

You obviously did not listen to the advice you were given the first time from VJ when they said not to go on a vacation and miss the interview. Instead, you listened to an info pass personal who has NO idea about the process and don't even understand the visa process themselves.

Now, you come back asking for more questions and everyone is telling you the SAME advice. You can't appeal and you need to start the process again. Go waste your time waiting in line again and get the same BAD advice from infopass if you want. However, I am thinking you should learn from your previous mistake and take the advice of the VJ members: start the petition over again and dont miss any interviews or better yet, don't leave the country until you get your GC.

[POA 178]

My American husband and I filed for the I-130 and I-485 back in June. I received Advance Parole in October and we went abroad in January 2016. When we returned from abroad, we found a letter from USCIS addressed to me requesting proof of trip abroad. The forum here was harsh about our judgment, telling me that we were idiots for traveling, and I freaked out and made an InfoPass appointment, scheduled a few days after I had submitted our documentation. The appointment went well and the USCIS officer said something along the lines of no worries, you had AP, many people travel this time of year for the holidays and to see family, this is allowed, when we process your document you should get a new interview date--all standard procedure. I was extremely relieved, because of him, rescheduling the interview was not a big deal so long as you had AP and could provide evidence of your absence.

Unfortunately, my husband just got a letter saying that the I-130 had been denied for failure to provide enough proof of marriage without the purpose of immigration. The letter then stated that he missed his interview date and never followed up on provided documentation, even though USCIS received my letter and documents (according to USPS), which included a copy of his boarding pass.

I'll try to get another InfoPass appointment in the upcoming days, but we live in a high-service areas and 99% of the time no appointments are available.

What should we do? Can this be resolved without hiring a lawyer? And if so, how?

If you think that USCIS made an error or any neglect on their part that lead to your denial, contact ombudsman to get help. If you have proof that you sent what they are requesting for then they might be able to help. We had too many issues with USCIS and involved ombudsman a lot.

[Boiler 45,557]

OP said she was studying so that does not suggest a VWP entry.

I130 interviews are rare, only when there are high fraud suggestions.

[EM_Vandaveer 2,408]

If I were you, I'd just re-file. Granted, you'll be out of another nearly $ 1.5k, but most likely you'll end up having to do it anyway. Now you are living together, hopefully have a joint bank account, lease, etc., so you should not have a problem proving ona fide marriage. Just don't leave the country until you have your GC in hand.

[belinda63 3,038]

Boiler I don't know where I got the idea the VWP was used for entry. This entire post has been confusing as information keeps changing. I still think the best thing to do would be re-file.

[Boiler 45,557]

Boiler I don't know where I got the idea the VWP was used for entry. This entire post has been confusing as information keeps changing. I still think the best thing to do would be re-file.

Agree totally confusing.

[EM_Vandaveer 2,408]

No, actually it makes sense. They were not living together when they filed previously due to going to different schools. Now they do live together.

[Unidentified 2,930]

No, actually it makes sense. They were not living together when they filed previously due to going to different schools. Now they do live together.

That's not the confusing part.