AOS denial after K-1 approval

[Noivas 0]

It says it is has been denied on the USCIS site.  That's the notice that shows up when I put in the case number in the box for "check(ing) your status"

[Ash.1101 1,755]

I have never seen a denial without interview that wasn't because of missing an RFE. Sometimes they don't update the website, and the website has been known to be wrong. This has happened to people before, had no notice of an RFE, assumed everything was perfect, ended up with a NOID because an RFE wasn't responded to, that they didn't know about. Usually in this case, an RFE was sent out, it never made it to the person and the online status was never updated to show an RFE was sent.

[Coco8 1,042]

You can contact you congressman/congresswoman or senator. They can contact USCIS on your behalf to get information. If you find a number to call, they will get to you faster. You could get information faster than waiting for the letter to arrive and if it was a mistake, they will be able to put pressure on them to solve it fast. 

 

I hope it get resolved. I am so sorry you have to go through this!

[zilchfox 296]

Same-sex couple here too. Did you really need the lawyer? We thought it was a super straightforward process and we had no issues. You sure your lawyer didn't screw up?

[inloveVEN 46]

same-sex-marriage is a law approved by the Supreme Court of Justice. So no matter what the government says this is the law and i don´t thing any USCIS employee would take this risk, that could imply the lost of their career and for sure impacting USCIS credibility and allowing you to start a legal process that you will win.

I know this is very stressful but the only way  to know the reason is asking USCIS, or wait for the explanatory letter and then you will be able to take actions. Before that you cannot do anything of course it could be a mistake and that is why is so important to know the true causes for this denial.

After that you will have a month to take actions based on the reasons for the denial. Providing additional information or correcting the cause that conduct your visa to a the denial

wish you luck hope you solve this situation soon

[Mikrah 3]

This is weird. We used a lawyer too and our lawyer received their own copy of everything USCIS mailed us. The chances that USPS lost both your AND your lawyer's copies are astronomically low. This sounds like a mistake. 

[Amy_and_Victor 159]

I don't think it has anything to do with being same sex coupe. Like others mentioned, most likely you've missed your RFE, interview because of USPS mistake or something like that, but you need to figure out reason for sure and nobody here can tell it with so little information. I would say right now you can only guess and wonder, so try to call USCIS and speak to tier 2 rep. or make infopass appt., and when you'll receive denial letter in mail it will say the reason as well.

 

- Victor from Russia

[NYCruiser 423]

We are a same-sex couple too. The current administration's view of gays (which I have YET to see or hear is anti-gay) does not factor into this. Probably they sent an RFE or a request for an Interview and it was misdirected by the post office? 

[sparkles_ 456]

You've missed an RFE, 99% sure. The online portal thing is NOT reliable at all, many of us have had postal mail surprise RFEs and approvals that literally never updated online. I think you may be getting a NOID not an actual denial, which can be responded to.....unless online is specifically says denied.

 

Did your lawyer make it so they get a copy of whatever notices you get as well? 

 

IMO, you need to check out an infopass Monday morning. 

Edited May 7, 2017 by sparkles_

[Noivas 0]

Thank you all so much for all your responses--every bit of information and support helps at this point. Still nothing in the mail, but I hope that tomorrow we get our answer.

I have contacted the office of the senator, so hopefully they will intercede on our behalf.

What we see online is not a NOID, but a denial, with a date of denial.  I really really hope that someone clicked on the wrong option on the pull-down menu, as someone here said.  I will also call USCIS tomorrow and ask to speak with a supervisor.

We need to know why this was denied.  Our case was super straightforward and we initially did not use a lawyer--the lawyer has come in in the last week, since the denial showed up online.  The lawyer also said our documentation was perfect.

 

This is such a nightmare.  I thank all of those who responded from the bottom of my heart, and hope this doesn't happen to anyone else.

 

 

 

[Noivas 0]

I am posting our story here in hopes that it helps others going through AOS to know that things are changing now.  It looks like the AOS after a K-1 is not as easy as it used to be.

 

We filed for AOS after a K-1 last September. We didn't go through a lawyer because our case was the simplest and most straightforward possible.  Biometrics appointment soon after we filed, and then just silence from their side for 8 months. I called their 800 number several times during this time, and they said our case was in St. Louis, and was being processed. Another time I called they said our case was in Charlotte. we got no RFEs, and the text online when you click on "check my status" was that they received the biometrics information and they would contact us if they needed more information--same text up there for 8 months. So we just though this was taking a very long time, but we would be approved in the end.

Today we found out, through the intervention of a lawyer and a senator's office, that our case was denied because we never responded to an RFE, which we NEVER RECEIVED (we're at the same address since the beginning).  We also have still not received ANY notification in the mail about the denial, after more than two weeks of the denial notice being posted online. It turns out that the case was being processed in yet another state, not the ones they told me when I called, and they sent an RFE, didn't receive a response (it was a request for a medical exam), and denied the case without sending us a NOID.  And yes, they CAN do this.  And the lawyer we consulted thinks it's better to re-file from the beginning than to ask for them to re-open the case.  And no, we cannot appeal in the case of an I-485.  This is a nightmare, a time-consuming and really expensive one. I, the petitioner, am a US citizen and I feel that my rights are being violated. I feel frustrated, disrespected, angry, and ultimately sad that we are living in such xenophobic times. 

[p-ana 933]

36 minutes ago, Noivas said:

I am posting our story here in hopes that it helps others going through AOS to know that things are changing now.  It looks like the AOS after a K-1 is not as easy as it used to be.

 

We filed for AOS after a K-1 last September. We didn't go through a lawyer because our case was the simplest and most straightforward possible.  Biometrics appointment soon after we filed, and then just silence from their side for 8 months. I called their 800 number several times during this time, and they said our case was in St. Louis, and was being processed. Another time I called they said our case was in Charlotte. we got no RFEs, and the text online when you click on "check my status" was that they received the biometrics information and they would contact us if they needed more information--same text up there for 8 months. So we just though this was taking a very long time, but we would be approved in the end.

Today we found out, through the intervention of a lawyer and a senator's office, that our case was denied because we never responded to an RFE, which we NEVER RECEIVED (we're at the same address since the beginning).  We also have still not received ANY notification in the mail about the denial, after more than two weeks of the denial notice being posted online. It turns out that the case was being processed in yet another state, not the ones they told me when I called, and they sent an RFE, didn't receive a response (it was a request for a medical exam), and denied the case without sending us a NOID.  And yes, they CAN do this.  And the lawyer we consulted thinks it's better to re-file from the beginning than to ask for them to re-open the case.  And no, we cannot appeal in the case of an I-485.  This is a nightmare, a time-consuming and really expensive one. I, the petitioner, am a US citizen and I feel that my rights are being violated. I feel frustrated, disrespected, angry, and ultimately sad that we are living in such xenophobic times. 

As most of us predicted, it was a rfe that never got to you. If you're already in contact with your congress person, work with them to make sure uscis reopens the case and you don't lose any more time or money 

[Noivas 0]

the person from the senator's office asked for them to reconsider the decision without formally having to re-open the case (which could take several months according to my lawyer), and they said no.  

 

does anyone here have experiences to share about filing an I- 290B?

[Lemonslice 4,798]

You want to contact your post master as to why you're not receiving mail sent by USCIS.  It might be as simple as adding your name to your mailbox.

[Ash.1101 1,755]

5 hours ago, Noivas said:

I am posting our story here in hopes that it helps others going through AOS to know that things are changing now.  It looks like the AOS after a K-1 is not as easy as it used to be.

 

We filed for AOS after a K-1 last September. We didn't go through a lawyer because our case was the simplest and most straightforward possible.  Biometrics appointment soon after we filed, and then just silence from their side for 8 months. I called their 800 number several times during this time, and they said our case was in St. Louis, and was being processed. Another time I called they said our case was in Charlotte. we got no RFEs, and the text online when you click on "check my status" was that they received the biometrics information and they would contact us if they needed more information--same text up there for 8 months. So we just though this was taking a very long time, but we would be approved in the end.

Today we found out, through the intervention of a lawyer and a senator's office, that our case was denied because we never responded to an RFE, which we NEVER RECEIVED (we're at the same address since the beginning).  We also have still not received ANY notification in the mail about the denial, after more than two weeks of the denial notice being posted online. It turns out that the case was being processed in yet another state, not the ones they told me when I called, and they sent an RFE, didn't receive a response (it was a request for a medical exam), and denied the case without sending us a NOID.  And yes, they CAN do this.  And the lawyer we consulted thinks it's better to re-file from the beginning than to ask for them to re-open the case.  And no, we cannot appeal in the case of an I-485.  This is a nightmare, a time-consuming and really expensive one. I, the petitioner, am a US citizen and I feel that my rights are being violated. I feel frustrated, disrespected, angry, and ultimately sad that we are living in such xenophobic times. 

This has nothing to do with AOS after K-1, this has everything to do with our mail system, and potentially your address on file with USCIS.

You're not the first person this has happened to, nor will you be the last.

With that said, yeah it's better for you to refile. In your case, since you missed a document required for a proper filing, you just got auto-denied. NOID's usually allow for more info once they have everything they need, in this case, they never got a complete package, so they can just deny since the package wasn't complete.

Also, the file being moved around to many different cities, this has happened to a good number of people here, and because of that their cases have gone longer than normal.


I do agree with Lemonslice about contacting the post master. It could be that your names not in the mail box, it could be that they don't have you in their system as living there and they -ideally- will deliver mail from USCIS without that. Mail from USCIS can run differently than other mail which is why they stress the importance of making sure your information is update and correct in their system.
But mail does get lost, it's a thing and it's not USCIS or your fault.


You're not alone though, the reason we all knew it was for a missed RFE is because that's how many people have had this issue. Search through the forums to find out what they did.