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AOS worst fear... please help

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Filed: K-1 Visa Country: Jamaica
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I swear I hate this whole process...It has been a nightmare from day 1... My husband received an email from USCIS saying that the request for interview reschedule has been DENIED. They are administratively closing his I485. Upon my return I should submit a written request to reopen the I485 with an explanation and proof of why I was unable to attend the interview. I recently sent them a copy of my work contract and my employer is willing to write a letter stating that it was necessary for me to go to Scotland in order to retain my position. the email said they will make a decision after they receive the written request and proof of why I can not make it. Should I just tell my husband to go alone on May 12th and carry my work contract or should I just wait until I am in the states and go with him and request an infopass appointment. OMG are they going to deport my husband because I had to work out of the country?!!!

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Did they ask for the reason to reschedule or did you supply it? You could of just said you had a conflict instead of explaining you don't live together (I know it is very temporary). It was his appt btw so no need for you to reschedule; he should. He should make infopass and try to get the reschedule.

Edited by Harpa Timsah

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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Filed: AOS (apr) Country: Cyprus
Timeline

I swear I hate this whole process...It has been a nightmare from day 1... My husband received an email from USCIS saying that the request for interview reschedule has been DENIED. They are administratively closing his I485. Upon my return I should submit a written request to reopen the I485 with an explanation and proof of why I was unable to attend the interview. I recently sent them a copy of my work contract and my employer is willing to write a letter stating that it was necessary for me to go to Scotland in order to retain my position. the email said they will make a decision after they receive the written request and proof of why I can not make it. Should I just tell my husband to go alone on May 12th and carry my work contract or should I just wait until I am in the states and go with him and request an infopass appointment. OMG are they going to deport my husband because I had to work out of the country?!!!

Motion to re open fee is $630, I doubt they would waive the fees even with your evidence.

How long are you out of the country ?

I am not clear on did they or did they not yet receive the written request and evidence of why you can't attend ?

Your husband won't be approved going by himself so I would wait until you get back depending on how long that is.

Is it possible to take a few days off and fly over ? Same cost as a motion to re open if you can find a cheap flight.

This process sucks and I am sorry for all this trouble you are having.

Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

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Filed: K-1 Visa Country: Jamaica
Timeline

Did they ask for the reason to reschedule or did you supply it? You could of just said you had a conflict instead of explaining you don't live together (I know it is very temporary). It was his appt btw so no need for you to reschedule; he should. He should make infopass and try to get the reschedule.

They did not ask a reason.. I called and put in request and a few days later mailed them my work contract stating it was necessary to go out of the country to work until July 1st. we have live together 6 months before I left. his son is in school and he is now working. we are not separated at all just for my job sake that is it. I called and had him on the line to give permission to speak with me. It was his appointment but I it said I needed to be in attendance. Should he go without me?

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Filed: K-1 Visa Country: Jamaica
Timeline

Motion to re open fee is $630, I doubt they would waive the fees even with your evidence.

How long are you out of the country ?

I am not clear on did they or did they not yet receive the written request and evidence of why you can't attend ?

Your husband won't be approved going by himself so I would wait until you get back depending on how long that is.

Is it possible to take a few days off and fly over ? Same cost as a motion to re open if you can find a cheap flight.

This process sucks and I am sorry for all this trouble you are having.

I sent the letter a few days after I called..I am back on July 1st. not sure if they got the evidence before or after the decision.

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I would have him make INFOPASS and talk to someone at your local office about rescheduling. I thought that reschedule instructions would be on the letter and that you were meant to communicate with the office directly, but I could be wrong on that.

If that doesn't work, then I would have him go to the interview alone with your work contract and talk to the IO and hopefully get a reschedule. He cannot be approved without your presence (unless you are deployed in the military which you are not).

Worst case is you have to refile. That is really bad and expensive, but I hope at least it's a little reassurance that he will not be deported. I think you'll get this sorted long before, though.

Edited by Harpa Timsah

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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Filed: AOS (apr) Country: Cyprus
Timeline

How about getting your congressman involved a.s.a.p. and having him submit the evidence again (submit everything you can, employer letter)

and ask to schedule a July appointment.

I would not risk him going alone to the interview but he can try an infopass with all evidence as soon as possible.

Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

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Filed: K-1 Visa Country: Jamaica
Timeline

Spoke with USCIS... they said that they do not deny AOS just close it as they have done. however she said that as soon as I get back we should take the email and any proof to the infopass and try to reschedule. She also said that he should not go to the interview alone since it said on the letter I should be present. The email does not say I need to file a form or pay an additional fee and she suggested I copy that and bring that with me as my instruction are to provide a written request with supporting documents to reopen the AOS... that's all I can do. She said at the very worse, I re file the AOS if they do not grant me an interview

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Filed: K-1 Visa Country: Jamaica
Timeline

I would have him make INFOPASS and talk to someone at your local office about rescheduling. I thought that reschedule instructions would be on the letter and that you were meant to communicate with the office directly, but I could be wrong on that.

If that doesn't work, then I would have him go to the interview alone with your work contract and talk to the IO and hopefully get a reschedule. He cannot be approved without your presence (unless you are deployed in the military which you are not).

Worst case is you have to refile. That is really bad and expensive, but I hope at least it's a little reassurance that he will not be deported. I think you'll get this sorted long before, though.

Yes we followed the instructions on the letter which said to call USCIS if we needed to reschedule. they put in a request and unfortunately it was not granted as I needed one after july 1 as long as he Is safe and can remain in the US until I get it sorted out ... that is fine with me.. what else can I do.

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Filed: K-1 Visa Country: Jamaica
Timeline

Call your senator again to get interview rescheduled. If they deny I485, his EAD/AP gets cancelled.

Senator... Dejavu.. I will see if they can help me again.. this is crazy.. no one goes through these many complications.. good thing I really love my husband.. IMMIGRATION HAS TESTED IT SO MANY TIMES.

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Spoke with USCIS... they said that they do not deny AOS just close it as they have done. however she said that as soon as I get back we should take the email and any proof to the infopass and try to reschedule. She also said that he should not go to the interview alone since it said on the letter I should be present. The email does not say I need to file a form or pay an additional fee and she suggested I copy that and bring that with me as my instruction are to provide a written request with supporting documents to reopen the AOS... that's all I can do. She said at the very worse, I re file the AOS if they do not grant me an interview

I think you got hit with the misinformation line. That sounds like bad advice to me. Your husband should make INFOPASS and talk to a person at your local office.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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Filed: AOS (apr) Country: Cyprus
Timeline

I think you got hit with the misinformation line. That sounds like bad advice to me. Your husband should make INFOPASS and talk to a person at your local office.

I totally agree !

Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

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