I485 Denied - No interview letter :(

[Hypnos 6,577]

AS stated, due to incompetence USCIS often doesn't process address changes correctly. They likely sent your interview notice to your old address, where if it wasn't returned to USCIS, someone probably threw it away.

 

Before going the I-290B route, make an Infopass appointment at your local office. Explain that you moved, correctly submitted your change of address (bring proof), but your interview notice wasn't sent to your new address. They will often be able to re-open the case themselves without an I-290B being required, because the filing fee for that appeal form is $675, and obviously if you can avoid that, you should -- especially when this isn't your fault.

[Amy_and_Victor 159]

3 hours ago, Daniel Littleton said:

Every application needs to have the marriahge interview in order to make sure it is a legitimate marriage, Ive not seen any exception to this

This is not necessary true. I think it really depends on the evidence you send plus a bit of a luck. If your evidence is good enough and you don't get into random "let's interview this case" drawing, you may not have an interview. I did not have interview neither for AOS, nor for ROC, and was approved for both. The only interview that is a must with no exceptions after you came to the US is citizenship application, everything else is up to USCIS if they want to interview you or not.

 

- Victor from Russia

[Daniel Littleton 2]

5 minutes ago, Amy_and_Victor said:

This is not necessary true. I think it really depends on the evidence you send plus a bit of a luck. If your evidence is good enough and you don't get into random "let's interview this case" drawing, you may not have an interview. I did not have interview neither for AOS, nor for ROC, and was approved for both. The only interview that is a must with no exceptions after you came to the US is citizenship application, everything else is up to USCIS if they want to interview you or not.

 

- Victor from Russia

Interesting, good to know! I do believe i hope at least, that its due to simply this interview issue

[Daniel Littleton 2]

20 minutes ago, Hypnos said:

AS stated, due to incompetence USCIS often doesn't process address changes correctly. They likely sent your interview notice to your old address, where if it wasn't returned to USCIS, someone probably threw it away.

 

Before going the I-290B route, make an Infopass appointment at your local office. Explain that you moved, correctly submitted your change of address (bring proof), but your interview notice wasn't sent to your new address. They will often be able to re-open the case themselves without an I-290B being required, because the filing fee for that appeal form is $675, and obviously if you can avoid that, you should -- especially when this isn't your fault.

Thanks so much for that! If it does mean opening a 290B we are still unsure which to go for motion to re open or motion to reconsider. We ar basically covering all our bases as much as possible atm in case we do have to go down that route.

 

Thanks for your advice tho. Taking time out to help is awesome of you.

[caliliving 606]

Everyone that AOS in america has an interview. K1 very rarely has one.

 

again it depends on the country. my interview was quick and a joke! 

[Daniel Littleton 2]

Just now, caliliving said:

Everyone that AOS in america has an interview. K1 very rarely has one.

 

again it depends on the country. my interview was quick and a joke! 

Interesting that its very rarely. I wonder now why we would have been singled out? We never had any issues with paperwork and such... seems very odd... Maybe a routine one

 

1 minute ago, caliliving said:

Everyone that AOS in america has an interview. K1 very rarely has one.

 

again it depends on the country. my interview was quick and a joke! 

 

[caliliving 606]

4 hours ago, Daniel Littleton said:

Hi there,

 

I'm from the UK and moved to the states to marry my now wife over in Seattle. We went through the hoops, paid all the fees and had no issues...until now.

 

Yesterday(Sat 24th Feb 2018) we received a letter denying the permanent residence of myself. This was news to us as we had not received a letter for the interview for myself and my wife.

 

We searched the house top to bottom, no letter, we watch the mail like hawks awaiting anything coming through. We had moved in August BUT the first thing we did was to change the address and get a recipet for that change. This feels like a non starter as we did receive this letter.

We are both devastated after being here just over a year now and having met all the conditions and applications up until now. We intend to appeal via the i-290b form.

 

My concerns are as follows:

- We are able to appeal, but based off of a letter not being received do we motion for to re open or motion to reconsider? Or would it even be some of the other options on the I-290B form.

- When I appeal, am I able to continue to work or will I need to wait? I literally just found a job which was tough in the first place in my field and this worries me greatly.

- Do I need to leave the US whilst I appeal via the i-290b form?  As the letter states: ''you were lawfully present in the United States as a K-1 fiance immigrant. This has expired. You are not authorized to remain in the United States and should make arrangements to depart as soon as possible. and so on. Even though in the section previously and following I am told I can reopen or reconsider. The terminology and grammar used is extremely confusing.

 

If anyone has been in this situation before I would appreciate any advice.

 

Steps we are going through: Talking to a lawyer, calling USCIS Monday asap, Info pass perhaps?

 

Thanks and I apologize if this is in the incorrect forum.

 

Daniel

a UK never gets denied a greencard.. such low fraud:/ ugh what was the reason

[Hypnos 6,577]

A motion to reopen is when you ask USCIS to make a new decision based on facts not previously submitted.

 

A motion to reconsider is when you ask USCIS to make a new decision based on their misapplication of law or policy.

 

In this case, if it comes down to it, you would be asking for a motion to reopen on the basis of new facts they were unaware of (namely, that you hadn't received their interview notice because they screwed up).

Edited February 26, 2018 by Hypnos

[caliliving 606]

9 minutes ago, Daniel Littleton said:

Interesting that its very rarely. I wonder now why we would have been singled out? We never had any issues with paperwork and such... seems very odd... Maybe a routine one

 

 

nothing is routine with immigration. they sent you a letter to have an interview and you didnt get it? right? 
 

[geowrian 22,337]

5 hours ago, Daniel Littleton said:

Every application needs to have the marriahge interview in order to make sure it is a legitimate marriage, Ive not seen any exception to this, it is literally because we missed that interview.

You can see the interview waiver criteria at the URL below. Note that adjusting from a K-1 can be eligible for this, but many K-1s do get an interview still. I wouldn't say it's rare to have one or rare to not have one at this point in time...some people get it and others don't.

 

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume7-PartA-Chapter5.html

"1. Waiver Criteria

USCIS has the ability to waive an interview. [2] Adjustment of status interviews are generally waived for applicants in the following classifications:

...

•Fiancé(e)s of U.S. citizens who married within 90 days, and their children;"

Edited February 26, 2018 by geowrian

[TNJ17 1,329]

10 hours ago, Daniel Littleton said:

@TNJ17 we recieved this mail fine, also they had the correct address. The time between the letters is less than 1 month. Every application needs to have the marriahge interview in order to make sure it is a legitimate marriage, Ive not seen any exception to this, it is literally because we missed that interview.

Wrong. Not everyone gets an interview.

[TNJ17 1,329]

6 hours ago, Daniel Littleton said:

Interesting that its very rarely. I wonder now why we would have been singled out? We never had any issues with paperwork and such... seems very odd... Maybe a routine one

 

 

Did you actually get a letter saying you had an interview scheduled? Because it looks to me as you are totally guessing that’s the reason why you got denied. 

[Redheadguy03 505]

8 hours ago, caliliving said:

Everyone that AOS in america has an interview. K1 very rarely has one.

 

again it depends on the country. my interview was quick and a joke! 

Actually, lots of k1s get interviews now. With the new administration it's higher. I just had one and I know many who recently have. 

Edited February 26, 2018 by Redheadguy03

[JFH 12,190]

8 hours ago, Amy_and_Victor said:

This is not necessary true. I think it really depends on the evidence you send plus a bit of a luck. If your evidence is good enough and you don't get into random "let's interview this case" drawing, you may not have an interview. I did not have interview neither for AOS, nor for ROC, and was approved for both. The only interview that is a must with no exceptions after you came to the US is citizenship application, everything else is up to USCIS if they want to interview you or not.

 

- Victor from Russia

Your case was some years ago. Things have changed a lot since then. Interviews were rare for K-1 AOS applicants. Now they are much more common. And it has nothing to do with evidence submitted or luck. It has everything to do with recent events. 

[Slim213 11]

10 hours ago, Daniel Littleton said:

Oh wow good luck for your interview! So you were denied your AOS? If you were, did you appeal or motion to re open etc? Did the Senator enquire for yourselves?

 

Thanks in advance!

No,I wasn’t denied but got an E-mail saying we missed the interview.The interview was rescheduled after the senator intervened and USCIS found out the mail was returned as undeliverable.Thanks and goodluck to you too