Need help!!

[TracyTN 237]

NOT necessarily true! My friend came here last summer with the intent to marry. She got married and went and filed for AOS. Her applications were also denied without ever having had an interview! She is now back in Germany.

I'm curious... what was the basis of denial in your friend's case? Was her I-130 also denied or is it still pending?

That's what I wondered, too. Seems strange to me that they could deny her on the intent of her entry without ever speaking to her about it.

[Magnolia31 0]

David, try the Ombudsman as well. You've gotta write a letter .. be sure to include all the information they are listing on the website so that they can properly identify who you are. I contacted the Ombudsman a few years ago and they were very prompt.

http://www.immigration.com/improving_immig...sombudsman.html

Hi again everyone, Just wanted to give you a update, who knows maybe my story can help someone else down the line. WE have contacted a lawyer and have a appointment on Thursday....Another 2 hour drive to Sacramento Also the lawyer did tell my husband over the phone that his H1B Visa is still valid until the date on it which is October 1st. The reason for this is that he filed for I 765 through marriage so it did not void his visa in anyway!! Hurray that means he is not out of status and it gives us time now to fix our other problems. So I guess all we can do is go to the lawyer and hope that she can tell us something. She said she is going to try to get ahold of our case or find something out before we have our appointment. So I guess wish us luck and I will let everyone know what happens on Thursday. Again thanks for all the help and concern. Take care everyone.

Melissa

Hey Melissa, We are in the exact same situation here, woke up this morning to find out I have been denied, no idea why and just have to wait now for the letter that may never arrive! I had to take a 2nd Bio as I never paid for it first time around and didn't realise, but that was paid over a month ago now and I have a receipt of them, also at Infopass they said my fingerprints were OK'd. So confused as to why they have denied us and feel at my wits end now, no idea what to do next, I am just praying they don't seperate us again, Amie has been very upset that I will be kicked out....

Let me know what the lawyer tells you if its not too much trouble, cheers

David

[Kez/JWolf 6]

NOT necessarily true! My friend came here last summer with the intent to marry. She got married and went and filed for AOS. Her applications were also denied without ever having had an interview! She is now back in Germany.

I'm curious... what was the basis of denial in your friend's case? Was her I-130 also denied or is it still pending?

That's what I wondered, too. Seems strange to me that they could deny her on the intent of her entry without ever speaking to her about it.

Now I am curious..... how would USCIS know about her intent if they had not spoken to the immigrant.... unless she told them she had intent at entry in her application...

Kez

[Magnolia31 0]

What we can do to fix these problems is contact the Ombudsman, seriously.

"CIS Ombudsman's FY 2007 Priorities

Send us your comments and suggestions about these priorities:

1. Recommending Solutions to Systemic Issues that Continue to Cause Individual Case Problems

2. Expanding Up-Front Processing Programs

3. Addressing USCIS Fundamental Budget Issues

4. Reviewing Processing Delays Caused by USCIS Security Screening

5. Improving USCIS Customer Service and Communications "

http://www.dhs.gov/xabout/structure/editorial_0482.shtm

I personally have contacted them about the misinformation line and the lost medical exams. They responded and told me that they wished more people would report problems they are having with USCIS because unfortunately, most of the issues go unreported. In order to do anything, they need to hear from all of us!

What was the problem the OP had USCIS? They did not receive a notification of some kind right? What can we do as a group to get USCIS to fix this problem? Has anyone on VJ been proactive and pointed out the problems some of us have with the current system and worked with a senator of congressman to try to fix these issues?

I have noticed that with AOS and the USCIS website they don't post anything to do with appointments, maybe where the system is broken is the local office level or the appointment scheduling level?

What could we do as a group to try to fix little problems like this?

[misa 2]

I personally have contacted them about the misinformation line and the lost medical exams. They responded and told me that they wished more people would report problems they are having with USCIS because unfortunately, most of the issues go unreported. In order to do anything, they need to hear from all of us!

I'll definitely be contacting them about problems with their current system! Maybe this info should also be posted in the Immigration News & Discussion forum so it's not buried within a thread.

Thanks for the info!

[Magnolia31 0]

Yes they did!

The only way the OP can now 'cover their butt(e?)' is to start with an infopass appointment to figure out exactly what happened (read: why they were denied), and then work on appealing the denial (likely with the help of an attorney).

Interesting! And they actually gave the intent upon entry as the reason for the denial?

[Magnolia31 0]

No clue about the I-130! I just know that she was told that it had gotten denied because she entered the states with intent to migrate permanently. She has been back in Germany for a while and her husband is still in Texas. He is in the army and stationed there. She's been banned from entering the US again and is now waiting for her husband to get re-stationed in Germany. Very CRAZY!

I was actually going to do this and am so glad i did not!

BTW, saw your thread - congratulations!

NOT necessarily true! My friend came here last summer with the intent to marry. She got married and went and filed for AOS. Her applications were also denied without ever having had an interview! She is now back in Germany.

I'm curious... what was the basis of denial in your friend's case? Was her I-130 also denied or is it still pending?

[Magnolia31 0]

One more thing, in my friend's case, they applied the 30/60/90 day rule. Supposedly, had she filed for AOS after 90 days, her intent would have never been questioned. She filed way before 30 days.

NOT necessarily true! My friend came here last summer with the intent to marry. She got married and went and filed for AOS. Her applications were also denied without ever having had an interview! She is now back in Germany.

I'm curious... what was the basis of denial in your friend's case? Was her I-130 also denied or is it still pending?

[Magnolia31 0]

They saw it as fraud because she filed way too early. Had she waited at least 90 days, she would have more than likely gotten away with it. In her case, the 30/60/90 days rule was applied. It looked fraudulent. They saw she entered on May 7th and sent in her AOS stuff about 2 weeks later.

NOT necessarily true! My friend came here last summer with the intent to marry. She got married and went and filed for AOS. Her applications were also denied without ever having had an interview! She is now back in Germany.

I'm curious... what was the basis of denial in your friend's case? Was her I-130 also denied or is it still pending?

That's what I wondered, too. Seems strange to me that they could deny her on the intent of her entry without ever speaking to her about it.

[Magnolia31 0]

I suppose they put 2 and 2 together when they saw that she entered the US on may 7th and then filed AOS almost immediately after. I guess it looked fishy to them. I don't know but this is exactly what happened to her.

NOT necessarily true! My friend came here last summer with the intent to marry. She got married and went and filed for AOS. Her applications were also denied without ever having had an interview! She is now back in Germany.

I'm curious... what was the basis of denial in your friend's case? Was her I-130 also denied or is it still pending?

That's what I wondered, too. Seems strange to me that they could deny her on the intent of her entry without ever speaking to her about it.

Now I am curious..... how would USCIS know about her intent if they had not spoken to the immigrant.... unless she told them she had intent at entry in her application...

Kez

[Magnolia31 0]

PLEASE do contact them! Won't hurt anything and besides, that's what they're there for. I had not thought about it again until someone mentioned it to me a few months ago when I had problems with the misinformation line. I contacted them before about 2 years ago and they were pretty helpful. I've always gotten thorough responses.

I personally have contacted them about the misinformation line and the lost medical exams. They responded and told me that they wished more people would report problems they are having with USCIS because unfortunately, most of the issues go unreported. In order to do anything, they need to hear from all of us!

I'll definitely be contacting them about problems with their current system! Maybe this info should also be posted in the Immigration News & Discussion forum so it's not buried within a thread.

Thanks for the info!

[TracyTN 237]

I suppose they put 2 and 2 together when they saw that she entered the US on may 7th and then filed AOS almost immediately after. I guess it looked fishy to them. I don't know but this is exactly what happened to her.

That is VERY interesting, and probably does make sense about filing so soon after they married. Also it sounds like they married very shortly after she arrived. May have been another red flag for them.

I appreciate you posting this, as it may help us advise people in the future.

And I DID email the ombudsman, too.

[Dr_LHA 3]

That's what I wondered, too. Seems strange to me that they could deny her on the intent of her entry without ever speaking to her about it.

Also H-1B is dual intent, allowing one to enter the country with intent to immigrate. Intent is most likely not the issue in this case.

Edited August 24, 2007 by Dr_LHA

[TracyTN 237]

That's what I wondered, too. Seems strange to me that they could deny her on the intent of her entry without ever speaking to her about it.

Also H-1B is dual intent, allowing one to enter the country with intent to immigrate. Intent is most likely not the issue in this case.

I was referring to Magnolia's example (the gal from Germany), not the OP (the H1Ber).

[Kez/JWolf 6]

One more thing, in my friend's case, they applied the 30/60/90 day rule. Supposedly, had she filed for AOS after 90 days, her intent would have never been questioned. She filed way before 30 days.

NOT necessarily true! My friend came here last summer with the intent to marry. She got married and went and filed for AOS. Her applications were also denied without ever having had an interview! She is now back in Germany.

I'm curious... what was the basis of denial in your friend's case? Was her I-130 also denied or is it still pending?

Well thats interesting because the 30/60/90 day rule does not exist... it is a guideline that immigration lawyers tell people about but USCIS do not use such a rule.... if they did I would not have been approved from my Greencard....

Kez

Edited August 24, 2007 by Niagaenola