Denial of AOS due to inaccurate info

[NahMore 0]

Hi everybody i have a curious case...(hmm sounds rather novelesc)

We sent in our I-485 last year and got our interview on April 17, of this year.

On our interview we were asked for our originals, to tell our IO about our story,was immediately approved and told our GC wold be in the mail 3-6 weeks.

Walking out in Newark for 2 hours, calling my mom t tell her the good news and then

BAM! our IO calls us and says their RECORDS show that i left the country on August 26, 2009(which is my return ticket).

I was soo shocked i mumbelled a denial and hung up after she promised to call if anything came up.

Silly of us to not realise that it would come back to bite us in the nether regions.

# weeks later we recieve a denial letter that said:

Your I-130 has been approved but your I-485 has been denied due to the fact that our records show that you left the country and we have no record of you re-entering. Your I-94 is valid, but this is what our records show, and we have no record of you filing under a 245(i).

There was no mention of what we should do to fix this error and we were left floundering for 2 weeks now. After using an INFOPASS to see if we cld garner a visit with someone who cld help us we were sent home by some idiot who spouted off automated info to us.

We got a reciept from the airlines and also got a read-out from the desk at the airport, but was told we need something more official.Hopefully we can get that in the mail from AA like we asked them to

Let me tell you it is very frustrating to know you're innocent and have no way of proving it or getting someone to listen.

So here we are not sure of what step to take next.

Anyone got any advice

P.S DAZED and CONFUSED!

[Kathryn41 3,205]

Contact your Senator's office or your Congressman's office, sign the release document giving them permission to investigate on your behalf (they will know what this is), explain the circumstances to them and have them try to straighten this out. Good luck - I hope you are able to get it straightened out quickly.

Edited May 10, 2010 by Kathryn41

[alex and astrid 38]

I am guessing you didn't actually leave the country like they said you did? Wow, thats messed up.

[Rito 28]

our IO calls us and says their RECORDS show that i left the country on August 26, 2009(which is my return ticket).

This is kind of a stab in the dark, but did you buy a return ticket to come to the US on your K1 rather than a one-way ticket to save money, and then the IO somehow had a record of this ticket and thought you used the second leg?

[Darnell 8,478]

Did you leave the country on 26 AUG 2009 , or no ?

If no, then someone else with your name (and maybe even your passport #) did.

Suggest you engage with the immigration liason / staffer at the US Senator's Office, for your state.

[LIFE'SJOURNEY 970]

Did you leave the country on 26 AUG 2009 , or no ?

If no, then someone else with your name (and maybe even your passport #) did.

Suggest you engage with the immigration liason / staffer at the US Senator's Office, for your state.

^^^^^^^^^^^^^^

[NahMore 0]

^^^^^^^^^^^^^^

Hi sorry just got this.

No i didn't leave the country on the return ticket.

First the ticket is a non-refundable and it allowed me to come in to the US in Miami and then switched to New York(it was cheap at the time).

This was also how i was supposed to leave the country..from NY to Miami then home to Jamaica.

Its really messed up somehow. I kinda remembered her asking why we didn't ask for a refund on the ticket and why would i waste a perfectly good cash back, but honestly i was so freaked out i didn't remember that particular info(that it was refundable).

We called CBP and asked if watever error was made could be rectified but no one gave us conclusive answers and said they get their info from the airlines and that would be our best course of action because they cant change any record until it can be proved.

Our IO has my I-94 since we were originally approved, and now we have to ask for that back.

And yes we are thinking of contacting our Congressman

And we have sent off a response letter.

Its just that i've been waiting so patiently for the GC and now this is a whole new process.

Thanks for the help.

[LIFE'SJOURNEY 970]

What type of visa are you adjusting status from?

[NahMore 0]

What type of visa are you adjusting status from?

I'm adjusting from a Tourist visa.

Thing is we were presently getting his paperwork done to live and work in Jamaica at the same time that i came here.However, he didn't get a job in Jamaica he got one here instead...and so i stayed.

Ticket went down the drain but it's worth it, because we def did not intend to continue a long distance reltionship while married.

[LIFE'SJOURNEY 970]

match up your dates ---against the I-194, filing of AOS and dates stamped in your passport...

[NahMore 0]

match up your dates ---against the I-194, filing of AOS and dates stamped in your passport...

Thanks life's journey

That's what we are presently doing...

We have the airline receipts, print out and are awaiting the official letter(hope that works).

Also, health insurance receipts from Sept and Affadavits from friends and family members...

do you think that's enough?

We made a copy of this and will hand it over to our Congressman as well.

[LIFE'SJOURNEY 970]

What are you expecting from your Congressman?

If the information you have can vouch that you never left the US and it is presented to USCIS/NVC in a clear and precise manner then USCIS should be able to validate it. I don't understand what congressman can do. You have to convince the immigration people by presenting documents that whomever they have leaving on 08/26/09 is not you.

Edited May 10, 2010 by LIFE'SJOURNEY

[NahMore 0]

What are you expecting from your Congressman?

If the information you have can vouch that you never left the US and it is presented to USCIS/NVC in a clear and precise manner then USCIS should be able to validate it. I don't understand what congressman can do. You have to convince the immigration people by presenting documents that whomever they have leaving on 08/26/09 is not you.

You're right, we've heard that too(about the congressman).

He's just something to fall back on. I really dont like attempting anything without having a Plan B. Weve been given the run-around too many times to just pose our evidence to them, but we are trying.

And besides, we've heard of so many horror stories (and we seem to be among some of those) that we are really quite freaked. Am just saying.

[ValerieA 350]

Your I-130 has been approved but your I-485 has been denied due to the fact that our records show that you left the country and we have no record of you re-entering. Your I-94 is valid, but this is what our records show, and we have no record of you filing under a 245(i).

I know this is way too simplistic, but don't you wish it was as easy as showing up at a USCIS office and showing them that you are, in fact, in the country?

[NahMore 0]

I know this is way too simplistic, but don't you wish it was as easy as showing up at a USCIS office and showing them that you are, in fact, in the country?

Dont i wish it was Valerie.

I dont know how i could have left and re-entered when my passport says otherwise too. It would mean that there is a gross inefficiency on there part. And am not that clever.