Need help!!

[mabdelbaqi 0]

Hello everyone, I am in need of some help and advice ASAP! Please except my apology in advance for this thread being so long but its a complicated situation. So here's the story and I hope that someone can help or just have some advice.

I am a US citizen and my husband is from Jordan, we filed 3 forms back in March of 2007, we filed the i-130, i-485 and also i-765. We are now being told my Immigrations customer service that both the 485 and 765 were denied on August 2, 2007 however we still have not received the denial notice so we don't know the reason and they cant tell us over the phone. The thing that is bothering me is that we never went or got a interview date. So with only 30 days to appeal the decision we have now lost 15 days because we still haven't received the denial notices. We have a appointment for monday at the local office but I was wondering if anyone has had this happen to them and has some advice. Also if they know what is the next step that we need to do now.

Melissa

[Dr_LHA 3]

Is your name on your mailbox? Have you received any mail from USCIS?

Its possible that your interview notice got lost in the mail, and when you didn't turn up to your interview, your case was automatically denied.

I'm afraid you most likely need to talk to an immigration lawyer about this. At the very least, make an Infopass.

[Dakine 26]

Hello everyone, I am in need of some help and advice ASAP! Please except my apology in advance for this thread being so long but its a complicated situation. So here's the story and I hope that someone can help or just have some advice.

I am a US citizen and my husband is from Jordan, we filed 3 forms back in March of 2007, we filed the i-130, i-485 and also i-765. We are now being told my Immigrations customer service that both the 485 and 765 were denied on August 2, 2007 however we still have not received the denial notice so we don't know the reason and they cant tell us over the phone. The thing that is bothering me is that we never went or got a interview date. So with only 30 days to appeal the decision we have now lost 15 days because we still haven't received the denial notices. We have a appointment for monday at the local office but I was wondering if anyone has had this happen to them and has some advice. Also if they know what is the next step that we need to do now.

Melissa

Sounds like you were married in the US and filed for the AOS after the fact. You "may" have a problem relating to USCIS thinking he came for marriage.

Not sure if that's the case but if it is you should get a lawyer pronto.

[Nancy2015 2]

Sounds like you were married in the US and filed for the AOS after the fact. You "may" have a problem relating to USCIS thinking he came for marriage.

Not sure if that's the case but if it is you should get a lawyer pronto.

Isn't it what almost everyone who immigrates through marriage does? Comes to the US, gets married, and files AOS after that?

Dr LHA has a very good point - mabdelbaqi, did you ever receive any mail from USCIS at all? Did you have a biometrics appointment? If the bio notice got lost in the mail, and you missed your appointment for this reason, that's considered grounds for denial also.

Edited August 18, 2007 by Jewel12

[Dakine 26]

Isn't it what almost everyone who immigrates through marriage does? Comes to the US, gets married, and files AOS after that?

Yep! If they came on a K1.

They can get into trouble[ be denied] if her man came on other types of visas planning on marriage to beat the system.

OP filed a I-130, I-485 and I-765 which normally means her man came on a different visa than a K1 and is trying to adjust status.

[misa 2]

Melissa, sorry to hear about this. Hopefully you can find out on Monday if they sent you anything you didn't receive (e.g. biometrics, RFE, interview notice, etc.). Out of curiousity, what does your last online update say? I hope you can get this resolved!

Edited August 18, 2007 by misa

[misa 2]

Yep! If they came on a K1.

They can get into trouble[ be denied] if her man came on other types of visas planning on marriage to beat the system.

OP filed a I-130, I-485 and I-765 which normally means her man came on a different visa than a K1 and is trying to adjust status.

Let's not speculate on why there was a denial or what their personal situation is. The denial could be for a number of different reasons like a missed RFE or missed interview. We all know that USCIS notifications sometimes never arrive.

[Dr_LHA 3]

Sounds like you were married in the US and filed for the AOS after the fact. You "may" have a problem relating to USCIS thinking he came for marriage.

Very unlikely IMHO. If USCIS had reason to doubt the marriage, then they would have brought the couple for an interview to check them out.

Edited August 18, 2007 by Dr_LHA

[Dakine 26]

Sounds like you were married in the US and filed for the AOS after the fact. You "may" have a problem relating to USCIS thinking he came for marriage.

Very unlikely IMHO. If USCIS had reason to doubt the marriage, then they would have brought the couple for an interview to check them out.

Whatever the reason may be for denial.

If the OP only has 15 days to appeal the denial I'd have a lawyer standing by.

[mabdelbaqi 0]

Good Morning first of all I want to thank everyone for there input and second of all I want to clarify something that I noticed was said in a few of the post...My husband was here on a H1B Visa when we met each other and after we got married. In no way shape or form was my husband looking to get married just for "papers". But either way we were married because we wanted to be together and with the rules of the US after marriage you have to file for AOS and along with that we had to file for EAD and the I130. Sorry if that sounded harsh as I do appreciate everyone's help but I just wanted to make my self clear. Hope everyone reading this understands. Ok now back to the immigration problem.

Someone had asked what the latest update said online. It told us that on August 02,2007 a notice on the decision for the I485 and the I765 was mailed to us, however we still havent received that letter.

I have a question for those who have had a interview did it tell you online that they mailed you out a letter with your interview date on it? Because if thats the case we have never seen anything like that on our case...as my husband has checked it almost every other day for updates.

I am starting to get really worried, we were told that he is now out of status because these were denied and that when we applied it canceled out his H1B Visa which IS still valid until October 1,2007. So his visa is still valid but they told us he is out of status. I don't know what to do I guess that we are going to go to our appointment of Monday and hope for the best. We are mainly concerened with the EAD as he hasn't worked since June and is starting to go crazy. Again thanks in advance for your help and support. Again I hope I didn't offend anyone with my first statements in this post.

Melissa Abdelbaqi

[misa 2]

I did not receive notification online of my interview letter... it just came in the mail. My online status still just says pending at Missouri. My case is at the district office now though and my interview is next week.

Did your husband ever get a biometrics appointment letter? Did you get receipts for both the I-485 and I-765? As others have stated, if you never received an interview letter and the appointment passed or if they sent you a request for evidence and you never received it and the date of submission passed, they can deny cases for that. I am hoping that you can have this cleared up at the Infopass appointment tomorrow. You may also wish to contact an immigration attorney as soon as possible after your appointment to figure out what your next steps are as you don't have a lot of time. But the infopass appointment is the first step.

Good luck! I'll keep my fingers crossed for you that tomorrow's appointment will shed some light on the issue.

[Dr_LHA 3]

Good Morning first of all I want to thank everyone for there input and second of all I want to clarify something that I noticed was said in a few of the post...My husband was here on a H1B Visa when we met each other and after we got married. In no way shape or form was my husband looking to get married just for "papers". But either way we were married because we wanted to be together and with the rules of the US after marriage you have to file for AOS and along with that we had to file for EAD and the I130. Sorry if that sounded harsh as I do appreciate everyone's help but I just wanted to make my self clear. Hope everyone reading this understands. Ok now back to the immigration problem.

Indeed, beckypua was wrong to make such sweeping assumptions about you based on what you posted. Not only was it pointless idle speculation, but for the reason I posted above, it is highly unlikely that they would deny your case without interviewing you. In fact the only reason I can think of for flat out denial is missing an appointment, biometrics or AOS interview. Sadly I'm guessing this is what has happened here.

Someone had asked what the latest update said online. It told us that on August 02,2007 a notice on the decision for the I485 and the I765 was mailed to us, however we still havent received that letter.

Have you received any mail from USCIS through this process?

I have a question for those who have had a interview did it tell you online that they mailed you out a letter with your interview date on it? Because if thats the case we have never seen anything like that on our case...as my husband has checked it almost every other day for updates.

No they do not notify you of this online or through email, sadly.

I am starting to get really worried, we were told that he is now out of status because these were denied and that when we applied it canceled out his H1B Visa which IS still valid until October 1,2007. So his visa is still valid but they told us he is out of status. I don't know what to do I guess that we are going to go to our appointment of Monday and hope for the best. We are mainly concerened with the EAD as he hasn't worked since June and is starting to go crazy.

Why hasn't he worked since June? Did he lose his job that sponsered him for the H-1B. If so then yes, he is out of status. H-1B becomes invalid as soon as you stop working for the employer who sponsored it.

I still think you need to make the following steps: Schedule an infopass to find out what happened. Most likely they sent you an interview letter, it got lost, and you were denied for not showing up. Infopass is the only way to find this out.

Get a lawyer to get with the motion to reopen. Alternatively, you could just file AOS again.

Make sure that your name and the name of your husband is on your mailbox.

Again I hope I didn't offend anyone with my first statements in this post.

Its called "righteous indignation" and I think you are perfectly within your rights to be mad.

[mabdelbaqi 0]

Good evening and again thanks to everyone that has replied to my questions. Regarding my husbands last job he was being sponsored and his job was based on the projects that he was on and his project was done and the company didn't extent it to him again. So he wasn't fired but his H1B visa is still valid until October 1, 2007. They give you something like 3 months after your employment ends to stay in the US. Also regarding receiving mail from USCIS, yes we have received our first notice letters saying they received our file and then we received his letter for his BIO appointment and we went to that in April. However the only thing I can think of is that we moved last month. We moved on July 15th but I did change our address with Immigration before we moved and I also changed it at the post office. Plus we have received a letter from USCIS regarding a service request we had regarding our EAD being outside of the usuall processing time and that notice came to our new address. So I don't think this is the problem.

However I did read on USCIS's website and was told by a customer service agent that the California Service Center is having delays in sending out certain notice letters, So I am wondering if we were in that bunch and it never got to us. I don't know all I can do now if go to the appointment tomorrow and hope they can tell us why it was denied and if not then I'm at a loss for the reason. Also I have to think that the agent told us over the phone that it was denied for a reason...being that he broke the rules by telling us that over the phone.......(Guess I could hope that it was a mistake on his part and they weren't denied...LOOL.....being that I haven't seen it in writting yet!!! Thats a long shot though.

Well thanks again everyone and wish us luck. I will keep everyone posted as what happens in the morning, maybe my experience can help someone else down the road.

Melissa

[Dakine 26]

Indeed, beckypua was wrong to make such sweeping assumptions about you based on what you posted. Not only was it pointless idle speculation, but for the reason I posted above, it is highly unlikely that they would deny your case without interviewing you. In fact the only reason I can think of for flat out denial is missing an appointment, biometrics or AOS interview. Sadly I'm guessing this is what has happened here.

Only reason you can think of don't really count!

All's I'm trying to point out is no matter what the reason OP should have a lawyer standing by.

I always think of the worst scenario in dealing with USCIS as you don't often know what they will hit you with and cover your butte as best as you can.

Been there! Done that!

I don't believe in lawyers much also but there are times you need one no matter what!

Edited August 20, 2007 by beckypua

[TracyTN 237]

Indeed, beckypua was wrong to make such sweeping assumptions about you based on what you posted. Not only was it pointless idle speculation, but for the reason I posted above, it is highly unlikely that they would deny your case without interviewing you. In fact the only reason I can think of for flat out denial is missing an appointment, biometrics or AOS interview. Sadly I'm guessing this is what has happened here.

Only reason you can think of don't really count!

All's I'm trying to point out is no matter what the reason OP should have a lawyer standing by.

I always think of the worst scenario in dealing with USCIS as you don't often know what they will hit you with and cover your butte as best as you can.

Been there! Done that!

I don't believe in lawyers much also but there are times you need one no matter what!

It counts more than your 'idea' of them being denied because of supposed fradulent intent - which not only doesn't fit the OPs situation, but is non sensical. How would they be able to rule on intent without having conducted an interview?

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).