I-485 Denied. USCIS lost I-693?

[terab 3]

After 2 years of waiting, USCIS denied I-485 stating they did not receive medicals even though we submitted them in a timely manner with receipts- and I also took a screenshot from USCIS website "Response received". I have contacted our state's senate to see if they can assist in reversing the denial.

 

If we would like to file I-290B, will a copy of the medicals do or does it have to be a sealed envelope from the civil surgeon again?

[Family 3,988]

7 minutes ago, terab said:

After 2 years of waiting, USCIS denied I-485 stating they did not receive medicals even though we submitted them in a timely manner with receipts- and I also took a screenshot from USCIS website "Response received". I have contacted our state's senate to see if they can assist in reversing the denial.

 

If we would like to file I-290B, will a copy of the medicals do or does it have to be a sealed envelope from the civil surgeon again?

I-290 B will work. You need new sealed medical , most clinics will do a new one for reduced fee.

[K1visaHopeful 2,814]

K1s do not submit I693 unless it is asked for by their AOS interviewing officer or they did not have a completed DS3025 in the first place. 

Your timeline is blank and you've posted this in the K1 forum. 

Please clarify your situation by filling out your timeline so this can be answered properly. 

 

If you are a K1 also provide the documentation denying your I485 with personal info redacted. 

 

If not K1, please disclose so this can be moved. If not K1, explain WHEN you filed I485, WHEN you completed the I693 and WHEN you submitted it. That matters to why you were denied and whether you can even appeal or must refille.

"Timely fashion" is not detailed enough to answer you. 

[terab 3]

9 minutes ago, K1visaHopeful said:

K1s do not submit I693 unless it is asked for by their AOS interviewing officer or they did not have a completed DS3025 in the first place. 

Your timeline is blank and you've posted this in the K1 forum. 

Please clarify your situation by filling out your timeline so this can be answered properly. 

 

If you are a K1 also provide the documentation denying your I485 with personal info redacted. 

 

If not K1, please disclose so this can be moved. If not K1, explain WHEN you filed I485, WHEN you completed the I693 and WHEN you submitted it. That matters to why you were denied and whether you can even appeal or must refille.

"Timely fashion" is not detailed enough to answer you. 

Sorry, I am not sure what we are classified as, but I am a US citizen married to my spouse here in the states. 

 

May 12th, 2022 - Filed for I-485 & I-130

December 25th, 2023 - I-130 approved
December 26th 2023- Received RFE for I-693

January 11th, 2024 - Mailed sealed I-693

Jan 17th, 2024 - USPS delivered to our local FO with signature confirmation

April 1st, 2024 - USCIS website updated with response received 

April 29th, 2024 - Case denied due to them not receiving I-693

 

[K1visaHopeful 2,814]

How did your foreign spouse arrive in the US before you met them?

 

Work visa?

Tourist Visa?

Student Visa?

 

 

[terab 3]

J-1 Visa

[K1visaHopeful 2,814]

Thread moved from:

"Adjustment of Status (Green Card) from K1 and K3 Family Based Visas" as you are not a K1 AOS applicant

to:

"Adjustment of Status from Work, Student, & Tourist Visas"

 

From your comment above it looks like you are not eligible to appeal because the error made does not belong to USCIS.

I can elaborate and ask more questions however I'll need you to fill out your VJ timeline as asked prior. Your spouse may be able to help you. 

Thanks!

[OldUser 6,636]

@terab did you mail the evidence in reply to RFE? Do you have a proof of delivery besides a screenshot? 

Edited May 7 by OldUser

[Family 3,988]

8 hours ago, terab said:

Sorry, I am not sure what we are classified as, but I am a US citizen married to my spouse here in the states. 

 

May 12th, 2022 - Filed for I-485 & I-130

December 25th, 2023 - I-130 approved
December 26th 2023- Received RFE for I-693

January 11th, 2024 - Mailed sealed I-693

Jan 17th, 2024 - USPS delivered to our local FO with signature confirmation

April 1st, 2024 - USCIS website updated with response received 

April 29th, 2024 - Case denied due to them not receiving I-693

 

No issues w your timeline. Am pretty confident you were not subject to the 2 yr rule …but do confirm.

 

I-290 B would prevail even if post office lost item , as long as you have proof of sending. Just mark both Motion to reopen and Motion to reconsider on the form 

[terab 3]

7 hours ago, OldUser said:

@terab did you mail the evidence in reply to RFE? Do you have a proof of delivery besides a screenshot? 

 

Yes, my immigration lawyer did all the process. We have the receipt from USPS confirming someone signed for the package. I was wondering if I should ask our civil surgeon to prepare a new sealed medicals for us along with the I290B cause my lawyer does not think we need one and a copy would suffice?

[terab 3]

 

7 hours ago, Family said:

No issues w your timeline. Am pretty confident you were not subject to the 2 yr rule …but do confirm.

 

I-290 B would prevail even if post office lost item , as long as you have proof of sending. Just mark both Motion to reopen and Motion to reconsider on the form 

Thanks. Our lawyer wants to see how the Senator will respond before appealing, as I will be out of thousands due to USCIS's negligence. 

[OldUser 6,636]

57 minutes ago, terab said:

 

Thanks. Our lawyer wants to see how the Senator will respond before appealing, as I will be out of thousands due to USCIS's negligence. 

You have limited time to appeal. Not sure if senator would do much.

[Family 3,988]

51 minutes ago, terab said:

 

Thanks. Our lawyer wants to see how the Senator will respond before appealing, as I will be out of thousands due to USCIS's negligence. 

Ok if you are in a bind , it’s an easy DIY

Good luck . 
 

[Demise 1,281]

3 hours ago, terab said:

 

Yes, my immigration lawyer did all the process. We have the receipt from USPS confirming someone signed for the package. I was wondering if I should ask our civil surgeon to prepare a new sealed medicals for us along with the I290B cause my lawyer does not think we need one and a copy would suffice?

Just get a new sealed copy of the medical. I don't think the surgeon will charge you anywhere near the original price (or at all really) if you ask nicely.

 

[igoyougoduke 1,656]

post the content of the i-485 denial letter. they wont deny if you sent i-693. something makes no sense here