Mirobg

Well. So much for that   The interview today went great and they scheduled the oath for….. tomorrow! We have to drive all the way back to Fairfax ( 2.5 hrs each way!) but heck who really cares? This will all be over by noon! 
 
good luck everyone! 

I shouldn't need a reason to refuse the government's meddling with my personal and private data.
 
If they think they have a good reason to suspect me in any way, which they shouldn't, they can get a warrant. At least that's how it should be done, and I understand that at the border there might be different laws and authorities given, so that's why I am here asking.

Why will you refuse? Is there something to hide?
They have the right to do it and if you refuse I’m pretty sure will look super suspicious. 
Remember that the only people that have the right to enter the country are Citizens, everybody else can be denied any time

oh man, i pray both your cases go through

New update: RFE received, and now need to send it. As I suspected they were asking for medical.  RFE came from Field office. 

Just read all this. I feel so bad that you guys have to deal with this. I hope that it will all work out well in the end!

same here. Keep us posted how it goes

same here. Keep us posted how it goes

Happy to report they reopened case here!!
 
Case Was Reopened
On such and such date, we reviewed your appeal for Form I-485, Application to Register Permanent Residence or Adjust Status, Receipt Number MSCxxxxxxxxxxxxx, and decided to reopen or reconsider our denial of your case.
 
 
 

MTR filed here for denied 485. Denied for failure to respond to RFE, we did not even know RFE was issued until denial letter received; never received RFE in mail. Online account did not reflect RFE was issued not updated, called officers few times (Tier 1) to check case status, they never mentioned RFE was issued or they could not see it that was issued. Only difference here 130 was approved. 

In my opinion, I would suggest you get a senator involved first, this will help smooth things at the local field office in charge of your case. My advice when dealing with USCIS is never to tell them they are at fault (nobody likes being blame), their systems are more complex and this is creating a lot of bottleneck in efficiency. I had the same issue with letter not being mailed out when the system already generated the " interview notice". One more thing about recording...please next time keep it to yourself, just call again and keep trying to get another tier 2...

Best of luck to you and I am sorry you are going through this. I would hope not but I wonder if you maybe had an Officer who did not really agree to same sex marriages so that is why the notice shows as sent but never received. Probably not the best idea to make assumptions though so I hope the routes you take do put you back on a positive track with immigration. 
 
Federally, only one-party consent is needed to record calls; however, many states have separate laws which would require both parties. Usually, if there is a recording at the beginning of the call that says "This call will be recorded for Quality and Training purposes" then that is basically the consent needed to record the call. Internal processes can change this though. 

I work for the Government and in my agency when you call, you will get a message similar to "This call will be recorded for Quality and Training purposes". The message basically informs the callers that the call is being recorded and means that both parties consent to the recording regardless of who is recording, but we are told to disconnect the call if we become aware that the caller is also recording the line. Again, this is an internal process that many Private Companies and Government Agencies follow. 

Before filing with the Ombudsman, call back and request a Supervisor. You can also submit a written complaint: https://www.uscis.gov/policy-manual/volume-1-part-a-chapter-9#:~:text=Ways of Submitting Complaints&text=Persons can make a complaint,the nature of the complaint.
 
B. Complaints [1]
1. Ways of Submitting Complaints
Complaint in USCIS Office
Persons can make a complaint in a USCIS office by asking to speak to a supervisor. In these situations, a supervisor must be made available within a reasonable amount of time. The supervisor should take the complainant’s name and information about the nature of the complaint. The supervisor should attempt to resolve the issue before the complainant leaves the office.
 
Submit Written Complaint
Written complaints may include handwritten letters, emails, or faxes. [2]
 
Contact Office of Inspector General Directly [3]
Contact information for DHS Office of Inspector General (OIG) can be found on both the USCIS website and on the DHS website. OIG contact information must also be displayed in a public area and visible in every
USCIS field office.
 
File Complaint with USCIS Headquarters
USCIS Headquarters (HQ) contact information is provided on USCIS’ website. If the complaint is directed to the wrong directorate or program office, the complaint must be forwarded to the appropriate HQ entity.
 
Ask to Speak to Contact Center Supervisor
If a caller is dissatisfied with the service he or she received during a call to the USCIS Contact Center, the caller may ask to speak to a supervisor. [4] Both Tier 1 and Tier 2 staff members must transfer the call to a supervisor.

If you are unable to get a response from anyone, in the same URL I posted above, there is form 7001 that you can file with the Ombudsman. You can consider that as a somewhat last resort. 

As per DHS (https://www.dhs.gov/ombudsman-update-getting-most-out-your-call-uscis-contact-center) this is what a Tier1/Tier2 can and cannot do:

 
Tier 1 Customer Service Representatives (CSRs):
Can
Relay basic immigration information to customers through scripts provided by USCIS Answer questions about USCIS forms Transfer calls to Tier 2 in certain circumstances Cannot
Answer specific questions about a case with the exception of information available through Case Status Online Transfer calls to local offices or service centers where cases are pending Provide legal advice Tier 2 Immigration Service Officers (ISOs):
Can
Review USCIS systems on your case Request that notices be re-issued Provide information that you may receive at an in-office appointment Provide specialized assistance to dependents or active members of the U.S. Armed Forces Provide information on pending and adjudicated cases. Cannot
Review already issued Requests for Evidence (RFEs) Directly issue duplicate notices, receipt notices, RFE notices Transfer calls to local offices or service centers Provide legal advice

You can schedule a call back instead of waiting on the phone. Tier 1 does not help you, they mainly reading what is in their screen.

Definitely is a mess. In our case "status never changed", notice never arrived. Did not know RFE was issued until denial letter came to us. We called USCIS twice to check case status between alleged RFE issue date and denial date and they told us just sit and wait case is within processing time. It looks like only adjudicating officer knew RFE was issued and nobody else in or out of USCIS.   

Odd that they wouldn't say anything. It's been some time since we AOS'ed but I recall that the field offices were the ones that did everything with scheduling appointments. I think T2 officers used to be able send request re-schedules to the field office without you having to go for an InfoPass but all this stuff seems to be changing constantly.
 
We moved while we were waiting for our interview and submitted the address change form. All communications from USCIS started going to our new house - except our interview notice which was still addressed to our old place. It was delivered with a yellow mail forwarding USPS sticker on it and our lawyer received a copy. When we mentioned this to the USCIS officer at the interview, he said there are like "5 systems they use and they're not all linked up to one another" - interview scheduling is one of the 5 systems... What a mess.

Last week it was rather easy to get to a T2 officer and only took me a total of 2 hours and 20 on hold after being dropped when an agent answered the first time. He would not discuss my case at all over the phone except to give me the date and time of the appointment.
 
I'm on hold now with USCIS on the phone.

Ugh I can't believe that this kind of stuff is happening in 2020. The process should be fully electronic by now with near-real-time tracking. What a mess.
 
Back when you could get InfoPass appointments online, you basically had to check 24/7 until a slot opened up since they were always full. Now you'll have to call USCIS, plead your case, and hope you get put into the T2 Agent queue. The one time I had to call USCIS and speak to a T2 rep, I called at 10am, and I was called back at 8:45pm by a T2 agent and nearly missed the call 😡
 
Definitely call USCIS ASAP and do whatever it takes go get a T2 officer. Hopefully either they can put in a reschedule request, or they can schedule an InfoPass and you can request a reschedule at the field office.

I had similar experience to yours. While waiting for AOS, Interview notice was never printed per the tier 2 officer and still got a No show for interview, the new interview notice was sent to a different unrelated zip code, before USPS was kind enough to send it back. Infopass back then helped and I also got Senator representing my area to assist, I was able to get another interview date. As rightly said, USCIS sometimes won't take responsibility for this mistake. You have to speak with a tier 2 officer to get infopass appointment. 

Similar thing happened here. Concurrent 130/485 for parent. 130 approved in April 2020. 485 denied in July and reason given was that we failed to respond to RFE that was supposedly issued in April. No status changes on online account/or case status to reflect RFE was issued and RFE letter never received. Still to date we do not know what was RFE about. Called USCIS few times between April and July to check on 485 status and officers on phone told us last status update "Fingerprint reviewed as of January 30" and to sit and wait as case is within normal processing times and nothing we can do about it. I even specifically asked officer about why I-130 is approved and 485 not touched along with it since they normally considering and reviewing both at same time, and office replied that is normal and they are not always processed simultaneously. I did filed 290B already, and is received and will see what happens!

If I had to guess, I think you'll be alright with them just reopening the case and scheduling a new interview. Hopefully that is the case.
Please keep the thread updated.
Best wishes.

Please keep us updated.   I am very curious as to what that letter will say.

The I-485 cannot be approved without an underlying petition. So if the I-130 was denied, the I-485 must be denied as well. They seemingly just have not gotten around to it yet.
 
That said, if a notice was not sent then I would expect to be able to have them reopen the I130 (and I-485 if needed) and schedule a new interview.
If a notice was sent but not received, it is usually hit or miss if they will reopen the existing case (possibly with an MTR via an I-290B) vs require a completely new filing.
The challenge is it's hard to prove you didn't receive something. Since there's no tracking number, anybody could say they just never got the notice. Just verify the address on file is correct (if you moved, show that an AR-11 was properly filed).