Advice wanted! i130 i485 denied USCIS error

[dominicdotmurphy 1]

Hi! I am new here and really hoping to get some advice!

Background first: My wife (US citizen) and I (UK citizen) married August 2012 while I was here on visa waiver (after a whirlwind transatlantic romance!). We soon after filed i130, i485 etc, and all was going well: biometrics appointment, EAD and AP granted and so on. On December 20, 2012 we received notice (dated December 12, 2012) to appear for interview on January 17, 2013. My wife had to go to Utah for work on that date, so I telephoned to find out if it was possible to reschedule the interview. This call was on December 20, 2012. Soon after, we received a letter, dated December 26, 2012, which stated: "We have received and granted your request to reschedule your appointment date. You will receive a notice within 3 to 6 weeks informing you of your new appointment."

Our next correspondence came the other day, with each of us receiving a denial notice (dated March 1, 2013) for the i130 and i485 respectively. The i-130 denial notice explicitly states our failure to appear for the January 17 interview as the reason for denial. As we have a letter stating that our request to reschedule the interview has been "granted", surely these denials are based on an administrative error. However, both letters also state that there is no way to appeal the decision. It is also my understanding that a motion to reopen is only appropriate when there is new evidence to consider, which is not really the case.

I am not sure how best to deal with this. Hiring a lawyer, filing a motion to reopen or completely refiling all cost money that we don't have, especially as we are in this situation through no fault of our own. But, of course, we just want to do whatever it takes to get this sorted out. What really worries me is the business of now being here illegally and possibly having to leave the country. I don't want to be away from my wife, nor my career.

So far we have both telephoned USCIS, my wife managed to get them put in a Service Request, whatever that means. We have also both written, enclosing copies of the letter confirming the rescheduling. I have also made an infopass appointment for Monday. However, my initial impression is that just because they have made a mistake, doesn't mean they're going put it right.

We would both really grateful for ANY good advice on how to proceed and on how my status will be affected if I have to reapply etc.

[N-o-l-a 7,167]

Other people have fixed this situation through the infopass appointment. Don't fret yet!

[dailypattern 0]

Hi! I am new here and really hoping to get some advice!

Background first: My wife (US citizen) and I (UK citizen) married August 2012 while I was here on visa waiver (after a whirlwind transatlantic romance!). We soon after filed i130, i485 etc, and all was going well: biometrics appointment, EAD and AP granted and so on. On December 20, 2012 we received notice (dated December 12, 2012) to appear for interview on January 17, 2013. My wife had to go to Utah for work on that date, so I telephoned to find out if it was possible to reschedule the interview. This call was on December 20, 2012. Soon after, we received a letter, dated December 26, 2012, which stated: "We have received and granted your request to reschedule your appointment date. You will receive a notice within 3 to 6 weeks informing you of your new appointment."

Our next correspondence came the other day, with each of us receiving a denial notice (dated March 1, 2013) for the i130 and i485 respectively. The i-130 denial notice explicitly states our failure to appear for the January 17 interview as the reason for denial. As we have a letter stating that our request to reschedule the interview has been "granted", surely these denials are based on an administrative error. However, both letters also state that there is no way to appeal the decision. It is also my understanding that a motion to reopen is only appropriate when there is new evidence to consider, which is not really the case.

I am not sure how best to deal with this. Hiring a lawyer, filing a motion to reopen or completely refiling all cost money that we don't have, especially as we are in this situation through no fault of our own. But, of course, we just want to do whatever it takes to get this sorted out. What really worries me is the business of now being here illegally and possibly having to leave the country. I don't want to be away from my wife, nor my career.

So far we have both telephoned USCIS, my wife managed to get them put in a Service Request, whatever that means. We have also both written, enclosing copies of the letter confirming the rescheduling. I have also made an infopass appointment for Monday. However, my initial impression is that just because they have made a mistake, doesn't mean they're going put it right.

We would both really grateful for ANY good advice on how to proceed and on how my status will be affected if I have to reapply etc.

You do have "new" evidence to consider. You have a letter from them granting a reschedule date - they did not consider this letter when they denied you. Take the letters to your infopass appointment. I feel very confident that they will fix THEIR error.

Other people have fixed this situation through the infopass appointment. Don't fret yet!

I agree

[Penguin_ie 5,993]

*** Moving from CR-1 spousal visa to AOS from Tourist visa forum ****

[Hypnos 6,576]

As stated, take all of the letters (especially the one saying they granted your reschedule request) to the Infopass and I strongly suspect they will re-open your case there.

If not, then speaking to one of your congressional representatives might be something worth doing after that, but I believe the Infopass should be attempted first.

Unfortunately this is just the latest example of USCIS denying an AoS when the applicant has requested a rescheduled interview (likely the national call centre did not pass on your request to reschedule to the local office, who simply saw that you did not show up on the appointment date and so denied the case accordingly).

Edited March 9, 2013 by Hypnos

[dominicdotmurphy 1]

Thank you all for your responses. I feel reassured, a bit!! Have fingers crossed for infopass appointment on Monday. Of course, I will have all documents with me, especially the rescheduling letter, and copies for them to keep!

Thank you!

[seth2013 39]

Let us know what they said, I have my fingers crossed for you

[AnotherLostSoul 167]

Ugh...well, I have my fingers already crossed for someone else here, but...uhm...I'll cross my toes for ya! Let us know so we can actually move around a bit...(especially me with all my fingers/toes crossed now).

[dominicdotmurphy 1]

We had our infopass appointment this morning. Although she wouldn't be drawn to give us any guarantees, the officer seemed confident our case would be reopened and we would receive a new appointment notice. I'll be glad when I actually have the letter, but am very pleased with this result.

Thank you all for your helpful responses!

[AnotherLostSoul 167]

We had our infopass appointment this morning. Although she wouldn't be drawn to give us any guarantees, the officer seemed confident our case would be reopened and we would receive a new appointment notice. I'll be glad when I actually have the letter, but am very pleased with this result.

Thank you all for your helpful responses!

Whew....now I can at least walk (releasing toes from being crossed)....on to the serious note, good to hear that it will be reopened. I would've been quiet shocked if they ignore you based on how it was their mistake to start out with. All the best!