HELP !!!Spouse 485 denied - fingerprinting not done!

S

steeler1

Registered Users (C)
Dear Friends,
I am vexed over this situation. My I485 was approved in October 2004. My wife never received her fingerprinting notice, and my repeated enquiries to INS customer service bore no fruit (they kept saying you will get it later).

Today she received a letter from USCIS saying her 485 has been denied becuase she never went for fingerprinting. The fact is that she never received a fingerprint notice (nor did our attorney). But when I contacted VSC through the new customer service line, they say it was mailed in July 2004.

She has a received not an Intent to deny, but a denial itself. I need to initiate a motion to reopen. Can anyone help me with what actions I need to take, and the time frame involved? Any advice/suggestions will be appreciated. Thanks in advance!
 
I am sorry to hear that.

steeler1,

What was your wife's online message?

- KIH
 
steeler1,

Could you please post details of your wife I485 Details??? Have you filed together?

My wife also didn't recd Fingerprint so far?.. her receipt date is Jun-2004.

Appreciate yr response.

Thanks,
Chitts

I485 - AD-Nov-2004
 
The message on USCIS website for her status still says that the case is taking between so and so many days. The finger print send message never appeared in her status.
Steeler1
 
steeler1 said:
The message on USCIS website for her status still says that the case is taking between so and so many days. The finger print send message never appeared in her status.
Steeler1
Click to expand...

Same here .... check my signature....when FP notices were sent and recieved INS never updated online message ....Called USCIS asking them about this ...was told that this happens ocassionally...but seems a lot of guys especially around Aug/Sep 03 had this problem.....
 
Answer to your question chittts: We has filed together in June 2003. Mine is a EB2 case. I got my FP notice in July 04.
 
United nations

Please elaborate ...
If worse comes to worse you could re-apply another 485. Just make sure you do it within six months of the denial, as your wife is out of status right now. How can anybody apply for 485 when out of status???? Please clarify.

unitednations said:
If you are not going through a lawyer:

1) file a motion to reopen. there is no form. it is just a simple letter with a heading "motion to reopen".

2) state the facts that fingerprint notice was never received. Include dates of when you initiated inquiries. If you have call logs that show you called customer service you can use that as proof.

3) you need to pay $110.

Once uscis receives the motion to reopen they will usually reopen it within 45 days but they can take upto six months to do it.

If worse comes to worse you could re-apply another 485. Just make sure you do it within six months of the denial, as your wife is out of status right now. Do not leave the country.
Click to expand...
 
MAR 2004 here.. should we call someone!?

chittts said:
steeler1,

Could you please post details of your wife I485 Details??? Have you filed together?

My wife also didn't recd Fingerprint so far?.. her receipt date is Jun-2004.

Appreciate yr response.

Thanks,
Chitts

I485 - AD-Nov-2004
Click to expand...
 
United Nations - How can one apply for 485, when not in status?

My MTR is pending for more than two months. Your answer would help me a lot. I'm asking you because it is so depressing to go thru this process and USCIS doesn't understand the stress, pain, financial loss we go thru during this MTR.

I feel it is better to wait for 5 years with pending I485 then going thru this process of denial and MTR for no mistake of ours.

I understand with MTR pending, there wont be any deportation proceedings. I may be wrong. This info is from the immigration officer at one of the local service center.

Thanks.
 
Last edited by a moderator:
Rejected Details

I140 AD Aug 2002
I485 RD oct 2002

The current H1 expired and Changed to EAD in March 2004. My employer didn't extend H1 eventhough I had about another 2 and half years left.

Website was updated and Email received about the RFE in Sept 2004, that there was a RFE sent in May 2004. Until that time it was saying some old message about fp.

I have not received it and my attorney told he also didn't receive.

I followed up with customer service and my attorney told that he also contacted the customer service.

second FP sep 2004

Response mail received end of Sept 2004 - with the same details that was found on the website and asked me to collect the same from my attorney as it was sent to him in May 2004. Immediately I asked my attorney to follow up.

Filed EAD extn oct 2004.

I485 Denial oct 2004 Reason - Non response for RFE sent in May 2004.

EAD extn notice received Nov 2004

MTR Nov 2004

EAD extn denied Dec2004.

All along working for the sponsoring company.

Waiting for the good officer to pick up my case again, to give me a relief.
 
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Hi Rejected,
I will let you know as soon as I hear from Vermont about my MTR. Please do likewise.
All the best!
 
Happy ending

Happy ending:

My MTR has been accepted and the file has been reopened. I hope this raises spirit of people in similar situations. United Nations, thank you for your suggestions.

All the best.

MTR filed: 01/07/2005
Case reopened: 02/09/2005
Other details are in earlier mails.
 
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