i 485 was denied because i 693 was not sent

[joks 4]

Hello, thank you so much for your time. In January we received a document saying they needed the medicals but the same document said "DO NOT MAIL" but bring with you to your interview. In June, we received an RFE asking us to send the medicals no later than September 8. Due to the previous document that said do not mail, I think I got confused and just thought it would be okay for her to bring her medicals to her interview. Then we got the denial letter and even became more confused. Please advise, what do you think. 

I want to fo ahead and file the i 290B motion to reopen and reconsider, do you think its a good idea to send the medicals along with the i 290B or send have a new medicals done and send it.

[AstoriaAOS 33]

33 minutes ago, joks said:

Hello, thank you so much for your time. In January we received a document saying they needed the medicals but the same document said "DO NOT MAIL" but bring with you to your interview. In June, we received an RFE asking us to send the medicals no later than September 8. Due to the previous document that said do not mail, I think I got confused and just thought it would be okay for her to bring her medicals to her interview. Then we got the denial letter and even became more confused. Please advise, what do you think. 

I want to fo ahead and file the i 290B motion to reopen and reconsider, do you think its a good idea to send the medicals along with the i 290B or send have a new medicals done and send it.

 

I’m not sure the I-290B will be worth the effort / time / money. I would refile the whole AOS package.

 

Edited December 11, 2020 by AstoriaAOS

[Boiler 45,735]

I do not see a basis for an appeal

[HRQX 4,145]

2 hours ago, joks said:

In June, we received an RFE asking us to send the medicals no later than September 8. Due to the previous document that said do not mail, I think I got confused and just thought it would be okay for her to bring her medicals to her interview. Then we got the denial letter and even became more confused.

The first notice said something like: "If your case does not require an interview, you will receive a Request for Evidence with further instructions."

[aaron2020 11,651]

15 minutes ago, HRQX said:

The first notice said something like: "If your case does not require an interview, you will receive a Request for Evidence with further instructions."

You did get an RFE with further instructions in June.  It instructed you to "send" the medical to them no later than Sept. 8.  

Send does not mean bring it with you to the interview.

A motion to reopen will fail since you made the mistake of not sending in the medical.

 

Start over with a new filing.  

Edited December 11, 2020 by aaron2020

[belinda63 3,039]

Looks like you were not going to have an interview which is why they sent the second notice saying send the medicals in. Since you did not submit the medicals as instructed your case was correctly denied.

Refile.

[Crazy Cat 41,985]

9 hours ago, joks said:

Hello, thank you so much for your time. In January we received a document saying they needed the medicals but the same document said "DO NOT MAIL" but bring with you to your interview. In June, we received an RFE asking us to send the medicals no later than September 8. Due to the previous document that said do not mail, I think I got confused and just thought it would be okay for her to bring her medicals to her interview. Then we got the denial letter and even became more confused. Please advise, what do you think. 

I want to fo ahead and file the i 290B motion to reopen and reconsider, do you think its a good idea to send the medicals along with the i 290B or send have a new medicals done and send it.

Unfortunately, you failed to comply with the RFE in June.  I see no appeal.  I believe you can refile.  I would do that ASAP.

[joks 4]

8 hours ago, AstoriaAOS said:

 

I’m not sure the I-290B will be worth the effort / time / money. I would refile the whole AOS package.

 

Thank You for your response. So if i refile the AOS bear in mind that my visa status (tourist visa) would have expired at that time.do you think it could be denied

[joks 4]

38 minutes ago, Lucky Cat said:

Unfortunately, you failed to comply with the RFE in June.  I see no appeal.  I believe you can refile.  I would do that ASAP.

Thank You for your response. So if i refile the AOS bear in mind that my visa status (tourist visa) would have expired at that time.do you think it could be denied

[Dashinka 24,639]

15 minutes ago, joks said:

Thank You for your response. So if i refile the AOS bear in mind that my visa status (tourist visa) would have expired at that time.do you think it could be denied

Overstays of spouses of USCs are forgiven.  But from this I am a little confused, in your OP you said it was your wife's interview for AOS, but this one seems to indicate it is you who are the immigrant.  I assume one of you is the USC.

 

Good Luck!

[joks 4]

2 hours ago, belinda63 said:

Looks like you were not going to have an interview which is why they sent the second notice saying send the medicals in. Since you did not submit the medicals as instructed your case was correctly denied.

Refile.

Thank You for your response. So if i refile the AOS bear in mind that my visa status (tourist visa) would have expired at that time.do you think it could be denied

[joks 4]

6 hours ago, aaron2020 said:

You did get an RFE with further instructions in June.  It instructed you to "send" the medical to them no later than Sept. 8.  

Send does not mean bring it with you to the interview.

A motion to reopen will fail since you made the mistake of not sending in the medical.

 

Start over with a new filing.  

Thank You for your response. So if i refile the AOS bear in mind that my visa status (tourist visa) would has expired.do you think it could be denied

9 hours ago, AstoriaAOS said:

 

I’m not sure the I-290B will be worth the effort / time / money. I would refile the whole AOS package.

 

Thank You for your response. So if i refile the AOS bear in mind that my visa status (tourist visa) would has expired .do you think it could be denied

[joks 4]

3 minutes ago, Dashinka said:

Overstays of spouses of USCs are forgiven.  But from this I am a little confused, in your OP you said it was your wife's interview for AOS, but this one seems to indicate it is you who are the immigrant.  I assume one of you is the USC.

 

Good Luck!

Sorry about that, its actually for my mum

[Dashinka 24,639]

3 minutes ago, joks said:

Sorry about that, its actually for my mum

OK, so you are the USC and your mother is doing the AOS while on a visitor visa.  I believe the same applies that any overstay would be forgiven as long as there is an AOS pending, so it is best to refile her AOS as soon as possible.

[Crazy Cat 41,985]

36 minutes ago, joks said:

Thank You for your response. So if i refile the AOS bear in mind that my visa status (tourist visa) would have expired at that time.do you think it could be denied

Please make this clear. Who is the person who was denied?  On what basis did the person apply for adjustment?  From what status did the person apply for adjustment??

Edited December 11, 2020 by Lucky Cat