Green Card Denied - Help!

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FischerWei

Registered Users (C)
I am a US citizen and my wife is Chinese. We recieved a letter to report for her biometrics in June 2009. However, she was in China and I would be with her in China at the appointed date so we opted to reschedule the appointment when she comes here after September 22. I sent not one, not two but THREE letters to the correct address requesting the change, the last one certified for our records.

Monday, I recieved a letter thinking it was the reschuled date but it said her appication is denied because we did not send in the reschedule letter. And she can only stay in the country 30 more days! Tuesday I went to the local immigration in Cincinnati and the officer faxed our information that I had to the Missouri office. The officer called me the next day and said there was no response from the letters faxed and instructed me to send the information by snail mail and call a 800 number two weeks later. I requested that my wife's case be reopened and her biometric interview be rescheduled, again by certified mail.

Well this isn't sitting very well for me. I have a horrible feeling that my letters will be ignored again. There is a appeal process I can send in but I don't want to pay or go through another process. I want this to corrected immediately. My question is how can I tract this and get a case worker contact me about what will be done? I only have about 3 days to send in the appeal once she arrives here. We need to have someone look at this quickly and make an intelligent decision. Any thoughts or ideas? Any other information I should explain?

I am horrified to tell my wife what has happened and I really have little trust in the immigration system at this point.

Thanks - Paul
 
FischerWei said:
I am a US citizen and my wife is Chinese. We recieved a letter to report for her biometrics in June 2009. However, she was in China and I would be with her in China at the appointed date so we opted to reschedule the appointment when she comes here after September 22. I sent not one, not two but THREE letters to the correct address requesting the change, the last one certified for our records.

Monday, I recieved a letter thinking it was the reschuled date but it said her appication is denied because we did not send in the reschedule letter. And she can only stay in the country 30 more days! Tuesday I went to the local immigration in Cincinnati and the officer faxed our information that I had to the Missouri office. The officer called me the next day and said there was no response from the letters faxed and instructed me to send the information by snail mail and call a 800 number two weeks later. I requested that my wife's case be reopened and her biometric interview be rescheduled, again by certified mail.

Well this isn't sitting very well for me. I have a horrible feeling that my letters will be ignored again. There is a appeal process I can send in but I don't want to pay or go through another process. I want this to corrected immediately. My question is how can I tract this and get a case worker contact me about what will be done? I only have about 3 days to send in the appeal once she arrives here. We need to have someone look at this quickly and make an intelligent decision. Any thoughts or ideas? Any other information I should explain?

I am horrified to tell my wife what has happened and I really have little trust in the immigration system at this point.

Thanks - Paul
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Where did you mail the initial request for FP rescheduling? The I-797 clearly state it should be sent to the Application Service Center which she was supposed to appear for FP and a copy send to the Processing Center. More weird, your wife cannot travel abroad while her case is pending, unless she has an advanced parole form (AP). If she travel while her case is pending, it is considered abandoned in the absence of a AP.

Your wife should remain in the US while the GC is being processed. Being in China for 3 months is odd enough on its own while she seeke permanent residency. :eek:
 
This is another example of why it is a bad idea to reschedule something with USCIS. Too many horror stories of denials and delays. If your interview or fingerprint appointment is in the middle of your vacation, cut the vacation short or cancel it.
 
FischerWei said:
I am a US citizen and my wife is Chinese. We recieved a letter to report for her biometrics in June 2009. However, she was in China and I would be with her in China at the appointed date so we opted to reschedule the appointment when she comes here after September 22. I sent not one, not two but THREE letters to the correct address requesting the change, the last one certified for our records.

Monday, I recieved a letter thinking it was the reschuled date but it said her appication is denied because we did not send in the reschedule letter. And she can only stay in the country 30 more days! Tuesday I went to the local immigration in Cincinnati and the officer faxed our information that I had to the Missouri office. The officer called me the next day and said there was no response from the letters faxed and instructed me to send the information by snail mail and call a 800 number two weeks later. I requested that my wife's case be reopened and her biometric interview be rescheduled, again by certified mail.

Well this isn't sitting very well for me. I have a horrible feeling that my letters will be ignored again. There is a appeal process I can send in but I don't want to pay or go through another process. I want this to corrected immediately. My question is how can I tract this and get a case worker contact me about what will be done? I only have about 3 days to send in the appeal once she arrives here. We need to have someone look at this quickly and make an intelligent decision. Any thoughts or ideas? Any other information I should explain?

I am horrified to tell my wife what has happened and I really have little trust in the immigration system at this point.

Thanks - Paul
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Did she get I-131 (AP) before leaving USA? Also, like Al mentioned, did you send the reschedule request to the proper address?
 
VisaNutz said:
Did she get I-131 (AP) before leaving USA? Also, like Al mentioned, did you send the reschedule request to the proper address?
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Thanks for answering everyone. There is only one address requested the rescedulement be sent to and that is the address we sent it to USCIS Cincinnati. The was the biometrics appointment after filling out the I-485. No, she did not get the AP I-131 form before leaving the US. We did not know that she could not leave the country.

The reason stated for the rejection was she did not appear at the scheduled date AND did not send in a rescheduled rerequst. The rejection form states that only a motion for form I-290B can be filed and there is no appeal (which makes no sense because the form I-290B looks like an appeal). I-290B requests additional information and a brief.

My heart is sinking fast and I am affraid to tell my wife so far any of this. :(
 
FischerWei said:
The visa is a marriage K3 and it is good until December 5 2009.
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Can I travel and re-enter the U.S. on my K-3 or K-4 visa?

Aliens present in the United States in a K-3 or K-4 nonimmigrant visa status can travel outside of the United States and return using their K-3/K-4 visa. If they have filed for adjustment of status in the U.S. prior to departure from the U.S., USCIS will not presume that the departure constitutes abandonment of an adjustment application.

http://travel.state.gov/visa/immigrants/types/types_2993.html
 
acr said:
She can travel on k-3, that's not a problem.
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Thank you so much, acr and Singh4us! Now is there an 800 number I can use or do I need to go back to the local USCIS office in Cincinnati to check status? The denial decision was based out of Missouri and I live in Cincinnati.

Here are my limitiations:

Denial form states denial on 7/27 and then was mailed out and recieved 7/31. It states i have 30 days to file the I-290B appeal form which would be 8/26. I am trying to get them to see reason and reopen my case before I need to file the form I-290 Appeal.

The immigration office told me to call back in two weeks to check status using an 800 number which I do not know. Any more advice on how I should proceed? Time is running out for us.
 
Your time has already gone, so that you would need to call 1-800-375-5283 (TTY 1-800-767-1833), send good crafted letters and beg, or just file everything again. You might also request a CP, since she is overseas any way, might be faster to get a green card.
 
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FischerWei said:
Thank you so much, acr and Singh4us! Now is there an 800 number I can use or do I need to go back to the local USCIS office in Cincinnati to check status? The denial decision was based out of Missouri and I live in Cincinnati.

Here are my limitiations:

Denial form states denial on 7/27 and then was mailed out and recieved 7/31. It states i have 30 days to file the I-290B appeal form which would be 8/26. I am trying to get them to see reason and reopen my case before I need to file the form I-290 Appeal.

The immigration office told me to call back in two weeks to check status using an 800 number which I do not know. Any more advice on how I should proceed? Time is running out for us.
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I would suggest contacting the USCIS Ombudsman Liaison Unit (OLU) for assistance.

You, in good faith, sent your request to reschedule your wife's Fingerprint Appointment:
However, she was in China and I would be with her in China at the appointed date so we opted to reschedule the appointment when she comes here after September 22. I sent not one, not two but THREE letters to the correct address requesting the change, the last one certified for our records.
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Please refer to:

http://www.uscis.gov/USCIS/Office o...s to Formal Recommendations/rec42_18aug09.pdf

August 18, 2009

Memorandum
TO: Richard Flowers
Acting Citizenship and Immigration Services Ombudsman
FROM: Michael Aytes /S/ Michael Aytes
Acting Deputy Director

SUBJECT: Response to Recommendation 42, Motions Matter: Improving the Filing and Review Process for Motions to Reopen or Reconsider
USCIS thanks the CIS Ombudsman and his staff for researching and recommending improvements in the Motions to Reopen and Reconsider process. We hope you will find our response helpful.

Recommendation

The CIS Ombudsman recommends that USCIS:

• Establish more uniform filing and review procedures for motions to reopen and reconsider among field offices and service centers by:

o Standardizing and clearly articulating to the public the procedures by which an applicant or petitioner may bring a clear Service error to the attention of a USCIS office without incurring the $585 filing fee for a motion to reopen or reconsider;

o Developing and implementing a uniform tracking mechanism for motions to reopen and reconsider; and

o Instituting, publishing, and monitoring agency-wide completion goals for the adjudication of motions to reopen and reconsider.

Response to Recommendation 42
Page 2

USCIS Response

1. Establish more uniform filing and review procedures for motions to reopen and reconsider among field offices and service centers by:

a. Standardizing and clearly articulating to the public the procedures by which an applicant or petitioner may bring a clear Service error to the attention of a USCIS office without incurring the $585 filing fee for a motion to reopen or reconsider.

USCIS concurs with this recommendation. We will be publishing information on our website advising customers of the procedure to bring a simple administrative error (e.g., correction of an alien’s name or a relevant date when such information was clearly included in the original filing) to our attention without incurring a fee. It is important to note that this procedure will not be a substitute for filing a motion to reopen or reconsider where one is required.

Ombudsman Liaison Unit

The USCIS Ombudsman Liaison Unit (OLU) is responsible for managing the flow of information between USCIS and the Ombudsman’s Office. The OLU responds to questions posed by the Ombudsman’s Office, coordinates and prepares responses to the Ombudsman’s formal recommendations and annual reports, and facilitates the implementation of policies and procedures to ensure that USCIS customers receive the best possible service.

http://www.uscis.gov/portal/site/us...nnel=f54cdc9fe19ce010VgnVCM1000000ecd190aRCRD

USCIS Ombudsman Liaison Unit Information Room

The Ombudsman Liaison Unit (OLU) Information Room addresses issues and trends that have been identified by the OLU as topics of general interest. This page provides you with links to important information on these topics of interest.

The OLU wants to hear from you! As an agency, USCIS strives to provide the best possible experience for our customers. To help improve customer service, we seek feedback from our customers, stakeholders, and affiliated agencies to help identify issues that directly affect you. Email the Ombudsman Liaison Unit at OLUInquiries@dhs.gov. Please explain your concern, question, or suggestion as clearly as possible. Regrettably, we cannot post any inquiries online if they have case-specific or personal information in them.

For case-specific inquiries, please refer to Case Status Online or contact the National Customer Service Center at 1-800-375-5283.


http://www.uscis.gov/portal/site/us...nnel=6b3e9c337879d110VgnVCM1000004718190aRCRD
 
Wow, that is very good research, Singh4US. Thank you very much.

I have sent an email to OLUInquiries@dhs.gov to request assistance. I am still not sure if that is the correct email address.

I still have two questions at this time.

1. Should I be contacting a lawyer at this point? Is there anything a lawyer would be able to do that I cannot do?
2. My wife's K3 visa will expire December 5th. The way it is looking I will either have to renew it or find some other action to take.

Any suggestions are more than welcome.
 
A lawyer can draft a well written letter. The visa only needed for travel. Request AP, it is free.
 
Thanks, everyone. It looks like the lawyer option will be best to make sure. Another forum told me the Ombudsman will most likely not work for this case as they really aren't very case specific and are slow to respond.

I am still trying to avoid filing the appeal. Do you think going down to the local immigration office will be of any more help? I got the feeling the immigration officer I talked to last Tuesday was sympathetic but it was totally out of her control. I just need the case to be reopened and a biometrics interview reschudeled with the evidence I have presented. Sounds simple but I am dealing with unknown people who may or may not have the incentive to do what is right.

Oh, and I told my wife tonight and sent her an email. She will want to rehire the Hong Kong lawyer we started out with early in the process. Lawyers are not cheap.

Oh, and the AP, is there a link to how to do this? I know the lawyer will want to do this if it gets that far but I want to do some research. Thanks again, everyone. - Paul and Wei
 
Might be less expensive than a lawyer if you file again yourself. Do the CP since she is overseas anyway.
 
The BEST option for OP is- to go to local office to request to re-open the case. They can send the fax to Service Center where application was being processed. If an officer refuses to take such an request, request to speak with the supervisor.

Hiring an attorney will cost money more than re-filing, and still doesn't guarantee that they will re-open the case or not...much less when.

Appealing costs money as well....but not as much as re-filing because appeal takes 4-6 months at least to hear anything.

Writing and contacting to USCIS Ombudsman Liaison Unit (OLU) wouldn't help much because they take forever to respond if they do respond and still no guarantee if they will be able to help in re-opening this case.

The problem is- National Benefit Center where this types of applications are initially processed. There is no way to contact them. Only people can contact them are the officers on 800 number but only thru emailing them. If you choose to write to them, there is no gurantee that you will hear from them or if they will ever entertain your application. Local USCIS office can also contact them if they want to but most of the time they don't. So if you do write to USCIS Ombudsman then tell them it's impossible to contact NBC. If you have this issue with local USCIS office then it could have been resolved within a second, but this is not the case when it comes to dealing with NBC.

So if you do want to resolve this issue then either go personally to your local USCIS office or keep calling the immigration officers on 800 number. If you do need to speak with supervisors, do that. They are only ones can resolve the problem without the need of attorney, re-filing and appeal. All they would do is- sending an email to NBC for your wife's case to be resumed.

Good luck...
 
OK, this is where I am. I have had the local USCIS fax my request with evidence to the Missouri office on 8/01, sent a registered request with evidence on 8/02 and faxed a request with evidence to my US Senator's office on 8/09. Calling the 800-375-5283 or asking status online seems like a complete waste because the status given is not current. The letter states my wife must leave the US 33 days after 7/27 and she will arrive 8/21. I will still explore what a lawyer can do but it might be less than what a US Senator's office can do. I will visit my local USCIS office early next week to see if anything happens.

Here are my questions if anyone can help. Can we still do the biometrics interview before the expiration date? If I file an appeal how much time should I give myself before the deadline date so I don't eat the appeal cost and go through the appeal ordeal? Any other ideas?

Thanks, everyone for looking at this with me.
 
To request a reschedule of a biometrics appointment, the instructions on the biometrics notice says you should mark the checkbox to indicate a reschedule and send the notice itself to a designated address. Is that what you did when requesting the reschedule? If you didn't, maybe that is why your requests were ignored.
 
Yes, the box was checked and they were sent to the correct address.

I just got a letter from my US Senator's office stating that they checked with USCIS and got the same answer that was in the letter so that may be a dead end. I will call back next week to see if there is anything else they can do.
 
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