Possible case denied

[alanakaja1980 1]

I originally posted this on the April filers thread but have been advised to post this seperately to see if this has happened to anyone else.

As you can see from my timeline in my signature I have had 2 RFEs - 1 for my I-130 and another for I-485 (I-864). I sent back my RFEs within the timescales and all documents have been received at USCIS. I eventually recieved my biometric appt letter which was dated 1st June. I attended my biometric appt on the 16th June as requested.

I check my online status on the USCIS website daily. The last time, before yesterday, that my status for my I-485 was updated was the 19th May (the day they received the RFE). This morning I went online to check my status to see if it had been updated after my biometrics only to find the following messages;

Your Current Case Status for Form I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

Decision

On June 1, 2010, we mailed you a denial decision notice for this case I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. The notice explains why the denial decision was made and the options that may be available to you. If you have not received this notice within 15 days of June 1, 2010, please call customer service at 1-800-375-5283 for further assistance.

During this step the formal decision (approved/denied) is written and the decision notice is mailed and/or emailed to the applicant/petitioner. You can use our current processing time to gauge when you can expect to receive a final decision.

and

Your Current Case Status for Form I765, APPLICATION FOR EMPLOYMENT AUTHORIZATION

Decision

On June 1, 2010, we mailed you a denial decision notice for this case I765 APPLICATION FOR EMPLOYMENT AUTHORIZATION. The notice explains why the denial decision was made and the options that may be available to you. If you have not received this notice within 15 days of June 1, 2010, please call customer service at 1-800-375-5283 for further assistance.

During this step the formal decision (approved/denied) is written and the decision notice is mailed and/or emailed to the applicant/petitioner. You can use our current processing time to gauge when you can expect to receive a final decision.

but my I-130 status was

Your Current Case Status for Form I130, IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN

Request for Evidence

On June 14, 2010, we received your response to our request for evidence. This case is being processed at our NATIONAL BENEFITS CENTER location. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283. We will notify you by mail when we make a decision or if we need something from you. You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed, in which case you can use the processing time information on our website to estimate when this case will be done. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.

I was taken back by this and was very upset and stressed. It does not make sense at all. First thing, I have not received any denial letter in the post. Secondly, my online status was only updated yesterday but it was dated 1st June. Finally, if a denial letter was sent on the 1st June, why was my biometric letter (also dated 1st June) sent to me as well?? It does not make sense. If my case was denied why would they bother sending a biometric appointment?? The mail is slow in this country but it does not take 18 days for a letter to get to me up here - it usually only takes 2-3 days for me to receive any mail from the USCIS.

Since it is the weekend I cannot contact anyone until Monday to find out what is going on. Fellow VJers on the April filers thread have suggested contacting a lawyer, making an INFOPASS, contacting my local congressman and so on. I am hoping that someone out there can give me some advice, or have been on the end of something like this before. I think a mistake has been made on their computer system. Others on the April filers thread say it probably isn't a mistake. Again, I do not see why they would schedule my biometric appt when they knew my case was supposed to be denied??

This does not make sense what so ever. I am hoping that it is a mistake. This is my life they are messing with.

Edited June 20, 2010 by alanakaja1980

[engineer21 51]

Oh No! I'm so sorry, that is really upsetting!

That definitely does not make any sense that they would mail you a denial letter and bio letter on the same day.

I don't have specific advice, but just wanted to say that I think you can re-apply if this denial is not a mistake.

I know it is a lot of money, but I think you have that option.

But I am really really hoping for you that this is just a hickup in their system!!

[JimVaPhuong 4,863]

I don't think the CRIS system is tied to the same computer system that USCIS actually uses to store real case information. I base this opinion on the fact that the CRIS system is frequently NOT updated in a timely fashion, and also frequently has wrong information. I think there is an actual human being who has to read case status information on one screen, and update the CRIS database on another. Dunno. Maybe they do this for security purposes.

There's obviously a screw up somewhere. Maybe the IO pressed a key or clicked a check box to automate the sending of the biometrics appointment letter by mistake, when his/her real intention was to send a denial notice. Maybe the person who transcribes the information from the internal computer system screwed up and entered it into the CRIS system as a denial rather than a biometrics appointment being sent. An Infopass appointment sounds like a good idea.

[alanakaja1980 1]

Thanks guys

I will definately be phoning the USCIS tomorrow, if I don't get any information or help from them I will schedule an INFOPASS.

I don't think the CRIS system is tied to the same computer system that USCIS actually uses to store real case information. I base this opinion on the fact that the CRIS system is frequently NOT updated in a timely fashion, and also frequently has wrong information. I think there is an actual human being who has to read case status information on one screen, and update the CRIS database on another. Dunno. Maybe they do this for security purposes.

There's obviously a screw up somewhere. Maybe the IO pressed a key or clicked a check box to automate the sending of the biometrics appointment letter by mistake, when his/her real intention was to send a denial notice. Maybe the person who transcribes the information from the internal computer system screwed up and entered it into the CRIS system as a denial rather than a biometrics appointment being sent. An Infopass appointment sounds like a good idea.

That's very interesting to know that

[engineer21 51]

I came across an older post that has a bunch of USCIS contact numbers.

It is from 2008 so I don't know if some information in this doc has changed since then, but I figured I'd send it your way just in case you need it. Might come in handy... but I hope you will just figure out today that this whole thing was a mistake.

Good luck!!

USCIS_Contact_Numbers.doc

[juliava 80]

What a nightmare! I am so sorry that it's happening to you!

You will also get a denial letter soon and you will find out why your cases have been denied and this way you will be able to fix the problem. Good luck!

[icee 0]

Thanks guys

I will definately be phoning the USCIS tomorrow, if I don't get any information or help from them I will schedule an INFOPASS.

That's very interesting to know that

please let us know what happened next...

[Alla 3]

For sure call USCIS. This is so unbelievable. I would had heart attack. So sorry for you!!!

Hopefully they will fix it soon!

[alanakaja1980 1]

Well I called the USCIS and as usual they were very unhelpful. Basically, the two agents that I spoke to were just reading what I already knew off their computer screeen. They had no idea why I had had my biometric appt and had no idea what the denial was for. One of the agents said I would have to wait up to 45 days to receive the denial letter!! Then if I still haven't received it by then I then have to phone USCIS again and request another copy.

I have a phone number of an IO in the Anchorage office, in which I phoned and left a message for her this morning also.

So I am no further forward in finding out what is going on. This is so stressful.

[SF83 1]

I can't imagine what you're going through right now, but it seems like you're gonna need some legal advice. I sincerely hope this is some kind of mistake.

[alanakaja1980 1]

I got a call back from the IO in Anchorage and she was no help either. She said that because everything comes from the service centre (in my case Missouri) she can't help me. So I am now in limbo. I guess I just have to wait for the so-called denial letters to come (if they actually exist that is). My husband and I are going to look into getting him a visa for the UK. This is too much hassle . If it is a mistake I will go ###### crazy

[Alla 3]

I got a call back from the IO in Anchorage and she was no help either. She said that because everything comes from the service centre (in my case Missouri) she can't help me. So I am now in limbo. I guess I just have to wait for the so-called denial letters to come (if they actually exist that is). My husband and I are going to look into getting him a visa for the UK. This is too much hassle . If it is a mistake I will go ###### crazy

Can I ask what for did you have 2 RFE? May be the was a problem with poverty line or difficulty establish that you are a citizen. And they forgot to scan RFEs and put in the system.

On your place I wouldn't wait 45 days, it's too long and who knows if they won't say why didn't you do anything right away. Consult an attorney for free. There are some really good web sites.

[alanakaja1980 1]

Can I ask what for did you have 2 RFE? May be the was a problem with poverty line or difficulty establish that you are a citizen. And they forgot to scan RFEs and put in the system.

On your place I wouldn't wait 45 days, it's too long and who knows if they won't say why didn't you do anything right away. Consult an attorney for free. There are some really good web sites.

The first RFE was to do with the I-864. Because my husband is a self employed taxi driver as well as having a part time bus driver job we hadn't submitted any evidence to show his taxi driver income. We submitted these with no problem (he didn't have any tax returns for 2009 since he just started working in the taxi at the beginning of this year but we did provide his daily income since he started on a spreadsheet, along with a letter from his taxi company stating when he started and a letter from my husband explaining the situation). On the I-864 we had used his projected annual income from the taxi job along with his annual salary from his bus job to meet (and exceed) the poverty guidelines. We had made an INFOPASS because of this RFE and the IO at the time said that this would be sufficient evidence for them to proceed with my case.

The second RFE was to do with the I-130. At the time of sending the petition we didn't have a lot of evidence to submit. So they sent us an RFE to provide more evidence of bona fide marriage. We submitted copies of joint bank statement, copy of rent lease agreement, wedding photos and copies of wedding cards, etc which we thought would be enough evidence for the time being.

Their system/my status was updated on the 19th May and 14th June(that's when they received both RFEs).

I think I will start looking around for some legal advice. 45 days is too long to wait, even though it has been 20 days now since they supposidely sent the denial letters

Edited June 22, 2010 by alanakaja1980

[Noth 4]

The first RFE was to do with the I-864. Because my husband is a self employed taxi driver as well as having a part time bus driver job we hadn't submitted any evidence to show his taxi driver income. We submitted these with no problem (he didn't have any tax returns for 2009 since he just started working in the taxi at the beginning of this year but we did provide his daily income since he started on a spreadsheet, along with a letter from his taxi company stating when he started and a letter from my husband explaining the situation). On the I-864 we had used his projected annual income from the taxi job along with his annual salary from his bus job to meet (and exceed) the poverty guidelines. We had made an INFOPASS because of this RFE and the IO at the time said that this would be sufficient evidence for them to proceed with my case.

The second RFE was to do with the I-130. At the time of sending the petition we didn't have a lot of evidence to submit. So they sent us an RFE to provide more evidence of bona fide marriage. We submitted copies of joint bank statement, copy of rent lease agreement, wedding photos and copies of wedding cards, etc which we thought would be enough evidence for the time being.

Their system/my status was updated on the 19th May and 14th June(that's when they received both RFEs).

I think I will start looking around for some legal advice. 45 days is too long to wait, even though it has been 20 days now since they supposidely sent the denial letters

what I don't understand is why on the email they say that if you have not receive it in 15 days you should call, and when you call they tell you to call back in 45 days!!!

This is unbeleivable!!!

Good luck with this fight!

/hugs

[engineer21 51]

The first RFE was to do with the I-864. Because my husband is a self employed taxi driver as well as having a part time bus driver job we hadn't submitted any evidence to show his taxi driver income. We submitted these with no problem (he didn't have any tax returns for 2009 since he just started working in the taxi at the beginning of this year but we did provide his daily income since he started on a spreadsheet, along with a letter from his taxi company stating when he started and a letter from my husband explaining the situation). On the I-864 we had used his projected annual income from the taxi job along with his annual salary from his bus job to meet (and exceed) the poverty guidelines. We had made an INFOPASS because of this RFE and the IO at the time said that this would be sufficient evidence for them to proceed with my case.

The second RFE was to do with the I-130. At the time of sending the petition we didn't have a lot of evidence to submit. So they sent us an RFE to provide more evidence of bona fide marriage. We submitted copies of joint bank statement, copy of rent lease agreement, wedding photos and copies of wedding cards, etc which we thought would be enough evidence for the time being.

Their system/my status was updated on the 19th May and 14th June(that's when they received both RFEs).

I think I will start looking around for some legal advice. 45 days is too long to wait, even though it has been 20 days now since they supposidely sent the denial letters

OMG, that is ridiculous! Sounds like there should be no reason at all for the denial. I didn't even submit as much evidence as you did, just marriage certificate and lease..

You have submitted evidence of a real marriage and that he makes enough to support you so the least they could do is interview you first, not just send a denial right out!

have you tried contacting USPS to see what is up with this MIA denial letter that may or may not actually exist?