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Filed: AOS (pnd) Country: Brazil
Timeline
Posted

Hi!

I am having some issues with my case and I wonder if anyone here would be able to help me or shed some light on what could be the issue. I came to the US in 2015 on a F1 student visa, started dating an American Citizen and on August 11th 2017 we got married in Beverly Hills. My process timeline is as follows:

 

November 2017 - Filed I-485, I-130, I-131, I-765 - I didn't submit all the documents required, I left out the Affidavit of Support (I-864) since my husband's last tax returns and pay stubs wouldn't suffice for him to be able to be my sponsor, but if we waited for him to file his following taxes, it would be enough.

11/20/17 - Got all the receipts for the forms above

12/19/17 - Received a Request for more evidence, requesting the Affidavit of Support

03/01/18 - Got noticed they received my I-864

03/27/18 - Received I-797s stating that my EAD + Advance Parole request have been approved

04/12/18 - The USCIS Case Status on their website reads "Case is ready to be scheduled for an interview" 

10/12/18 - Applied to renew EAD/AP combo card, since mine would expire on 03/26/2019 and I was instructed to file about 6 months before it expired

05/09/19 - Got noticed that my EAD/AP application was denied because my I-485 was denied.

 

HOWEVER, I never had my interview or gotten notice about it. The online USCIS case status checker still states that "Case is ready to be scheduled for an interview."

I will contact an immigration lawyer to help me with this issue, since I should be eligible for the residency as well as the EAD while I wait for the process and I don't know why I was denied. I have some questions about my employment eligibility while I sort this out, does the denial mean I have to immediately stop working or can I keep working while I apply again?

Has this happened to anyone else? Any tips on how to handle this or lawyer recommendations?

 

Thank you so much! I was as thorough as I could with the background info, but please let me know if there's anything else you need to know in order to give me your opinion. (:

 

 

Filed: Other Country: Canada
Timeline
Posted

You need to call the 1 800 number, as soon as they open at 8 AM Eastern time if possible, so that you will know what is your real status. The online tracker is not always reliable, my I-130 has been approved but it never updated online so do not always trust the website.

 

When you call do: Option 1, 2,4 and 6 then you enter your receipt number. It will take you to a live person.

After speaking to a customer service representative briefly explain your situation and ask to speak to a Tier 2 officer so that they can tell you the latest update on your case or if possible ask them to schedule an Infopass to your field office to see what is going on.

If you moved during the process, did you change your address by filing out the change of address AR-11 online or by mail?

01/08/2018: Priority Date

01/19/2018: Checks cashed

01/22/2018: 3 NOA's received in Mail (I-130, I-485 and I-765)

02/09/201: Received Biometrics Appointment Letter scheduled for 02/22

02/10/2018: Email notification of RFIE :(

02/12/2018: Early walk-in for Biometrics, successful

02/16/2018: RFIE received for birth certificate and translation, sent back the same day

02/20/2018: RFIE response delivered, sent via Fedex

02/23/2018: Case status updated to RFIE response received

03/05/2018: Courtesy letter for I-693, medical exam received, letter dated Feb 28th

03/08/2018: AP application delivered by Fedex

03/19/2018: NOA for AP received in the mailbox

05/03/2018: AP ONLY approved (Approved in 56 days)

05/11/2018: AP received in Mail

05/21/2018: Email received,EAD card in production (Day 133)

05/22/2018: Interview scheduled

05/25/2018: EAD approval letter received in Mail

05/29/2018: EAD card and letter for interview (Jun.26th) both received in Mail, Woot woot :)

06/26/2018: Interview completed, now waiting for the magical email/letter...

10/30/2018: Went to Infopass, officer has not made a decision yet, an email was sent to him tell him I came to inquire

03/26/2019: Moved so updated our address online with USCIS

04/16/2019: I-130 petition approved

04/20/2019: approval notice received in the mail

04/22/2019: received notification of RFE for AOS I-485

06/01/2019: RFE finally received after being lost in the mail, asking for a new medical exam

06/06/2019: Response to RFE sent, received the next day 06/07/2019

06/17/2019: Received notification of another RFE, 3rd time will be the charm hopefully

06/22/2019: RFE received for new medical

07/02/2019: Went to doctor for new medical

07/11/2019: I-485 approved without new medical exam

07/18/2019: Green Card received in mail

 

  • 1 month later...
Filed: AOS (pnd) Country: Brazil
Timeline
Posted

Hi! Thank you for the responses.

No, I never moved, I've been in the same address since before I got married. My husband moved in with me a year before we got married and we've been in the same place all along. 

I was able to talk to an USCIS officer on the phone who told me my application was denied. She also told me the system didn't show that there ever was an interview scheduled for my case. They contacted me via email and said:

 

"What We Have Found 
On 01/14/2019, a Decision Letter on your Form I-485 application was sent to the most recent address we had on file.  The decision letter gave explicit directions on your courses of action pertaining to the decision.  Since we did not receive a response or the response that we did receive was inadequate, your case was denied.

What You Can Do
If you did not receive your Decision Letter, you can request a copy of the letter by filing a G-639, Freedom of Information Act/Privacy Act Request (FOIA) to receive a copy.  Ensure you are specific on your request, provide receipt number and application type and any other pertinent information to aid in the research process."

 

I am waiting on their response to the FOIA. I don't know if I should wait to get it or if I should start the application process again since it's taking so long. 

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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