Our AOS got denied.... What now?? I'm so frustrated

[Sally Elle 0]

Hello everyone,

I was wondering if anyone knows of anyone or had an experience in the AOS processs like this:

We filled for AOS sometimes in April 2015, got EAD in July 2015. And since then we had been waiting for out letter of interview. My husband and I have been checking the AOS status online very often to see if there were any updates and that has been none.

Now, we just got a letter today saying that our AOS has been denied because our interview was supposed to be March 2016, to which we didn't show up. We never received a letter informing us about the interview. Also the site's last update was that our EAD was delivered in July 2015.

Apparently, the number we checked for the EAD is different from the number they have for for the AOS, so we never knew of any updates. No wonder the last update was in July 2015.

Did anyone have a different case # for EAD and for AOS?

I gave USCIS a call about this and was told we can send an I-290B form to appeal. Anyone has any experience about this? I am so nervous and frustrated, scared for the worst case scenario as the denial letter came as a shock and we've been eagerly waiting for the interview.

Thank you for any inputs.

[Pinkrlion 2,721]

You should have received three Notice of Action letters for EAD, AOS, and AP. Each is a separate petition, so it has its own case number.

You can file appeal, but your letter should have been mailed to your home.

[KayDeeCee 4,893]

Yes, everyone has a separate receipt/case # for the I-765 and I-485.

You can also try making an infopass appointment and talking to someone at your local USCIS office about your situation. Worst case scenario is that you have to refile.

[Sally Elle 0]

We never filed for AP, so it was only AOS and EAD.

I am not sure what happened to the letter of interview as well. It could have been lost in the mail or who knows what happened to it.

I am biting my fingernails at this point.

[Transborderwife 4,666]

If it was lost in the mail you'll have to start from the beginning and refile.

[3rd 84]

When you got your NOA1's through the post, they each had a different number attached to them. I had a separate one for the I-485, I-130, I-765, and the I-131 (although you didn't file for AP). The problem here is that USCIS are bad for updating the cases online anyway, so I kept vigilant watch over the mailbox during this time. In the end, our I-130 and I-485 went straight from 'case received' to 'approved', no updates between.

Unfortunately it looks like you'll have to refile, which I'm truly sorry for.

[Sally Elle 0]

So if we had to refile for AOS, will my husband be able to stay in the US? This is going to take another year, I feel.

His EAD is about to expire in 2 weeks also. I doubt he will be able to renew it until this all is sorted out somehow.

I'm scared they're going to want him out of the country, especially when the while process takes so long.

[Unlockable 7,314]

Ouch!

I am so sorry. But it is true that if you file for EAD and AP along with your AOS then each will have a different number. Usually that are in numerical order. For example... your AOS number would look like MSC12345677. Then your EAD would be MSC12345678. And your AP would be MSC12345679. Each has separate updates on the USCIS site. If you have only checked number MSC12345678 (for EAD), then you have only been seeing updates for the EAD and not the AOS or AP.

This was an honest oversight that had big consequences. You now have to resubmit with fees and all.

I truly hope for the best for you.

[Unlockable 7,314]

Why do you feel it will take another year?

Refile everything (updated to current of course) with extra attention to detail. I didn't see any RFEs in your siggy timeline.

Hopefully it will be around 6 months or less.

[3rd 84]

So if we had to refile for AOS, will my husband be able to stay in the US? This is going to take another year, I feel.

His EAD is about to expire in 2 weeks also. I doubt he will be able to renew it until this all is sorted out somehow.

I'm scared they're going to want him out of the country, especially when the while process takes so long.

Yes, he'll be able to stay. Just get your petition in with the fees once more. I can't vouch for how long it's going to take, as it varies but you will be starting from the beginning again so you'll need to be patient.

As for the EAD, I'd get in touch with USCIS and see if there is a way to extend it but I fear we both know the answer to that. Considering it's for when your AOS is processing and you've been denied, the EAD seems dead in the water.

When you file AOS your husband enters a legal period of stay while it's processing.

[Sally Elle 0]

Based on the letter we must submit I-290B for either or both "motion to reopen" or "motion to reconsider". I am a little confused at the differences between these and I've been reading the definitions many time. Should I mark "motion to reopen AND motion to reconsider"?

We can not appeal.

The form states that the beneficiary can not file this and only petition/applicant can. I want to make sure that it is *ME* who will have to do (I am the USA spouse) eventhough the AOS letter was addressed to my UK husband.

https://www.uscis.gov/sites/default/files/files/form/i-290binstr.pdf

Edited May 18, 2016 by Sally Elle

[Harpa Timsah 13,258]

UK husband is the Applicant. It's his process.

[Ebunoluwa 6,136]

I have read before that some attorneys check both and then if one is denied go with the other.
I suggest you consult with an attorney, if you are lucky they will reopen it.
Or just re file.

[newacct 688]

Based on the letter we must submit I-290B for either or both "motion to reopen" or "motion to reconsider". I am a little confused at the differences between these and I've been reading the definitions many time. Should I mark "motion to reopen AND motion to reconsider"?

We can not appeal.

The form states that the beneficiary can not file this and only petition/applicant can. I want to make sure that it is *ME* who will have to do (I am the USA spouse) eventhough the AOS letter was addressed to my UK husband.

https://www.uscis.gov/sites/default/files/files/form/i-290binstr.pdf

Reconsider means you are not presenting any new evidence but you think they made a mistake on the reason for denial and it should be approvable based on the evidence you had when you first filed. Reopen means you think it should be approvable based on new evidence that was not presented when you first filed. I am not sure which of these would apply in this case.

I think you are confused by unrelated stuff in the instructions. You are reading about stuff about denial of a petition (e.g. I-129F/I-130) but that's not what's denied here. It's Adjustment of Status (I-485) that is denied.

[Hypnos 6,576]

You may want to try an Infopass before going with a MTR. I've seen similar cases where they agreed to re-open at an Infopass - but then I've also seen cases where they wouldn't.