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Kajikit

What should you do if your case is denied due to missing paperwork?

By Kajikit in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

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Kajikit Proficient

Kajikit   65

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Filed: Citizen (apr) Country: Australia
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My friend was RFEed for a new medical for her AOS because her first one was too old, and she never mailed it back to them (which I thought was a moronic thing to do but she had her reasons...) They recently sent her a 'we haven't heard from you, what happened?' letter and she talked to them and they said they'd resend the RFE and she was waiting for it but they sent her a denial instead.

So now she has no idea what to do. Where does she start? Can she file for AOS all over again because she was denied on a technicality? Or does she have to appeal? Or file a motion to reopen? Would an infopass appointment help her? Or does she really need to see an attorney?

Karen - Melbourne, Australia/John - Florida, USA

- Proposal (20 August 2000) to marriage (19 December 2004) - 4 years, 3 months, 25 days (1,578 days)

STAGE 1 - Applying for K1 (15 September 2003) to K1 Approval (13 July 2004) - 9 months, 29 days (303 days)

STAGE 2A - Arriving in US (4 Nov 2004) to AOS Application (16 April 2005) - 5 months, 13 days (164 days)

STAGE 2B - Applying for AOS to GC Approval - 9 months, 4 days (279 days)

STAGE 3 - Lifting Conditions. Filing (19 Dec 2007) to Approval (December 11 2008)

STAGE 4 - CITIZENSHIP (filing under 5-year rule - residency start date on green card Jan 11th, 2006)

*N400 filed December 15, 2011

*Interview March 12, 2012

*Oath Ceremony March 23, 2012.

ALL DONE!!!!!!!!

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zyggy Experienced

zyggy   9

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Filed: Country: Canada
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My friend was RFEed for a new medical for her AOS because her first one was too old, and she never mailed it back to them (which I thought was a moronic thing to do but she had her reasons...) They recently sent her a 'we haven't heard from you, what happened?' letter and she talked to them and they said they'd resend the RFE and she was waiting for it but they sent her a denial instead.

So now she has no idea what to do. Where does she start? Can she file for AOS all over again because she was denied on a technicality? Or does she have to appeal? Or file a motion to reopen? Would an infopass appointment help her? Or does she really need to see an attorney?

She needs to file a motion to reopen at the DO... But she really screwed up by disobeying the first rule of dealing with the USCIS... if they ask for something, send something, but don't EVER not respond...

Make the Infopass appointment and get the physical done...NOW..

Knowledge itself is power - Sir Francis Bacon

I have gone fishing... you can find me by going here http://**removed due to TOS**

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gimygirl Proficient

gimygirl   0

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Filed: K-1 Visa Timeline
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i might be confusing my people but ....

didn't you post about this friend before? is this the one that we all thought would be denied due to the 'medical' issue that she just ignored??

i remember the story a bit differently but i don't have the time to go looking for it now.

line_bar_12d.gifline_bar_12d.gif

Music___Lennon___Imagine_by_jjjean6.png

Faith: not wanting to know what is true.~Nietzsche~

“The truth is incontrovertible, malice may attack it, ignorance may deride it, but in the end; there it is.”

~Winston Churchill~

text___just_be_animated_colour_by_j.gif

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Kajikit Proficient

Kajikit   65

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Filed: Citizen (apr) Country: Australia
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Posted (edited)

Don't ask Kezzie... she thought her previous K1 medical should still be okay but they said it was too old and when she read the RFE notice it said that 'if you don't respond we'll decide your case based on the evidence we have in our hands now' and she figured that she'd get away with it... I tried to talk her out of it, but her mind was made up.

Unlike me, who got a RFE for a new medical and was on the phone to the doctors to book it the next day and had it back to them inside three weeks! End result, I got a greencard and she's up the creek without a paddle. I really hope she can get out of this mess though - she's got a job and a husband and a baby and she loves her inlaws...

i might be confusing my people but ....

didn't you post about this friend before? is this the one that we all thought would be denied due to the 'medical' issue that she just ignored??

i remember the story a bit differently but i don't have the time to go looking for it now.

Yes, it's the same person... we all knew what was going to happen and she chose to stick her head in the sand and play ostrich. I just want to know if we can point her in the right direction now because otherwise she's going to end up being deported and she's talking about leaving her baby behind (I don't think she even knows that she could take it with her!)

Edited by Kajikit

Karen - Melbourne, Australia/John - Florida, USA

- Proposal (20 August 2000) to marriage (19 December 2004) - 4 years, 3 months, 25 days (1,578 days)

STAGE 1 - Applying for K1 (15 September 2003) to K1 Approval (13 July 2004) - 9 months, 29 days (303 days)

STAGE 2A - Arriving in US (4 Nov 2004) to AOS Application (16 April 2005) - 5 months, 13 days (164 days)

STAGE 2B - Applying for AOS to GC Approval - 9 months, 4 days (279 days)

STAGE 3 - Lifting Conditions. Filing (19 Dec 2007) to Approval (December 11 2008)

STAGE 4 - CITIZENSHIP (filing under 5-year rule - residency start date on green card Jan 11th, 2006)

*N400 filed December 15, 2011

*Interview March 12, 2012

*Oath Ceremony March 23, 2012.

ALL DONE!!!!!!!!

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Anastasia Collaborator

Anastasia   1

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Filed: Citizen (apr) Timeline
Posted

My AOS was denied for same reason. They asked for a new medical in a RFE, I had medical done less than a year ago at that time, I called the info-line, they told me to send just the vaccinations again and not worry about the medical, that's what I did, AOS got denied.

I could start a motion to reopen, but I was told nobody can tell me for sure how long that will take for them to reopen (all the time in the meanwhile I wouldn't be able to work), and even after they reopen nobody could garantee an approval. Or I could refile AOS/EAD all over again, that's what I chose to do. But I heard many success stories from MTRs too, which only took a few months. In any case whatever your friend decided to do she should do it SOON. She doesn't need an attorney if she wants to simply reapply, if she wants to reopen then she might need help from attorney to do it in the right way if she's not sure what she's doing.

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Kajikit Proficient

Kajikit   65

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Filed: Citizen (apr) Country: Australia
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So she has two choices? She can reapply from scratch and get a new EAD... or she can file a motion to reopen and send them the medical exam and wait patiently and hope they accept it?

Karen - Melbourne, Australia/John - Florida, USA

- Proposal (20 August 2000) to marriage (19 December 2004) - 4 years, 3 months, 25 days (1,578 days)

STAGE 1 - Applying for K1 (15 September 2003) to K1 Approval (13 July 2004) - 9 months, 29 days (303 days)

STAGE 2A - Arriving in US (4 Nov 2004) to AOS Application (16 April 2005) - 5 months, 13 days (164 days)

STAGE 2B - Applying for AOS to GC Approval - 9 months, 4 days (279 days)

STAGE 3 - Lifting Conditions. Filing (19 Dec 2007) to Approval (December 11 2008)

STAGE 4 - CITIZENSHIP (filing under 5-year rule - residency start date on green card Jan 11th, 2006)

*N400 filed December 15, 2011

*Interview March 12, 2012

*Oath Ceremony March 23, 2012.

ALL DONE!!!!!!!!

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Autumnal Proficient

Autumnal   25

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Filed: Citizen (apr) Country: Canada
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I would schedule an infopass appointment and get it verbatim from the horse's mouth on what she needs. At least that way she can act. It would probably be too late to submit the second medical unless somehow she can get confirmation they aren't going to deny her app outright, therefore buying time.

26 January 2005 - Entered US as visitor from Canada.
16 May 2005 - Assembled health package, W2s.
27 June 2005 - Sent package off to Chicago lockbox.
28 June 2005 - Package received at Chicago lockbox.
11 July 2005 - RFE: cheques inappropriately placed.
18 July 2005 - NOA 1: I-485, I-131, I-765 received!
19 July 2005 - NOA 1: I-130 received!
24 August 2005 - Biometrics appointment (Naperville, IL).
25 August 2005 - AOS touched.
29 August 2005 - AP, EAD, I-485 touched.
15 September 2005 - AP and EAD approved!
03 February 2006 - SSN arrives (150 days later)
27 February 2006 - NOA 2: Interview for 27 April!!
27 April 2006 - AOS Interview, approved after 10 minutes!
19 May 2006 - 2 year conditional green card.
01 May 2008 - 10 year green card arrives.
09 December 2012 - Assembled N-400 package.
15 January 2013 - Sent package off to Phoenix.
28 January 2013 - RFE: signature missing.
06 February 2013 - NOA 1: N-400 received!
27 February 2013 - Biometrics appointment (Detroit, MI).
01 April 2013 - NOA 2: Interview assigned.

15 May 2013 - Naturalization Interview, approved after 15 minutes.

10 June 2013 - Naturalized.

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Anastasia Collaborator

Anastasia   1

Posted
Filed: Citizen (apr) Timeline
Posted
So she has two choices? She can reapply from scratch and get a new EAD... or she can file a motion to reopen and send them the medical exam and wait patiently and hope they accept it?

Yes. My denial letter mentioned that I have 30 days starting after the date of denial to do something about it and I made sure I refiled my AOS and received my NOA before these 30 days expired. Not sure what would have happened if I'd missed my 30 days, they might have send the deportation letter or something. It's important you tell your friend she doesn't have any time to ignore her denial and must act as soon as possible. And whatever she will decide to do she will have to do a new medical for it, either for refiling or for MTR.

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Kajikit Proficient

Kajikit   65

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Filed: Citizen (apr) Country: Australia
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Thanks Anasatasia... I'll tell her that. What she decides to do is up to her, but I'm giving her the best advice I can...

Karen - Melbourne, Australia/John - Florida, USA

- Proposal (20 August 2000) to marriage (19 December 2004) - 4 years, 3 months, 25 days (1,578 days)

STAGE 1 - Applying for K1 (15 September 2003) to K1 Approval (13 July 2004) - 9 months, 29 days (303 days)

STAGE 2A - Arriving in US (4 Nov 2004) to AOS Application (16 April 2005) - 5 months, 13 days (164 days)

STAGE 2B - Applying for AOS to GC Approval - 9 months, 4 days (279 days)

STAGE 3 - Lifting Conditions. Filing (19 Dec 2007) to Approval (December 11 2008)

STAGE 4 - CITIZENSHIP (filing under 5-year rule - residency start date on green card Jan 11th, 2006)

*N400 filed December 15, 2011

*Interview March 12, 2012

*Oath Ceremony March 23, 2012.

ALL DONE!!!!!!!!

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gimygirl Proficient

gimygirl   0

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Filed: K-1 Visa Timeline
Posted

it will be interesting to see what she chooses!! wasn't money and issue and that's why she skipped the medical?? hopefully they can afford to reapply for AOS again ...

line_bar_12d.gifline_bar_12d.gif

Music___Lennon___Imagine_by_jjjean6.png

Faith: not wanting to know what is true.~Nietzsche~

“The truth is incontrovertible, malice may attack it, ignorance may deride it, but in the end; there it is.”

~Winston Churchill~

text___just_be_animated_colour_by_j.gif

line_bar_12d.gifline_bar_12d.gif

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Kajikit Proficient

Kajikit   65

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Filed: Citizen (apr) Country: Australia
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Now she says she hasn't actually got the denial letter yet... so I don't know how she knows she's denied! I passed on your advice, and this is where I bow out and let her go to hell in her own handbasket. You can't make somebody else do the right thing, however much you want things to turn out well for them.

Karen - Melbourne, Australia/John - Florida, USA

- Proposal (20 August 2000) to marriage (19 December 2004) - 4 years, 3 months, 25 days (1,578 days)

STAGE 1 - Applying for K1 (15 September 2003) to K1 Approval (13 July 2004) - 9 months, 29 days (303 days)

STAGE 2A - Arriving in US (4 Nov 2004) to AOS Application (16 April 2005) - 5 months, 13 days (164 days)

STAGE 2B - Applying for AOS to GC Approval - 9 months, 4 days (279 days)

STAGE 3 - Lifting Conditions. Filing (19 Dec 2007) to Approval (December 11 2008)

STAGE 4 - CITIZENSHIP (filing under 5-year rule - residency start date on green card Jan 11th, 2006)

*N400 filed December 15, 2011

*Interview March 12, 2012

*Oath Ceremony March 23, 2012.

ALL DONE!!!!!!!!

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