I-485 Denied due to the failure to appear for fingerprinting

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freewalker

Registered Users (C)
We just received a letter from VSC says that my wife's I-485 has been denied due to the failure to appear for fingerprinting. USCIS has no record that you appeared for fingerprinting as requested.

This definitely is a USCIS error. We did the 1st fingerprinting in December 2004 together. My I-485 was approved in June 2005. But my wife's I-485 application was delayed at VSC due to security check.

We are aware that FP expires in 15 months. We did 1st FP in Dec 2004. So FP expires in March 2006. I called VSC several times in the past several months. Last month (April 2006) the customer service representative told us that my wife's security check finally was completed and her case was pending to be reviewed. However since her FP had already expired, VSC would send us another FP notice. We should receive it in 60 to 90 days.

Yesterday we finally received a letter from USCIS. It is not the FP notice, but a I-485 deny notice.

We still have the FP receipt when completing 1st FP at local ASC. I think it can be a proof that my wife did appear for 1st FP.

But the letter does not mention failure to appear for 1st FP or 2nd FP. Actually we never received 2nd FP notice. I do not know if VSC ever sent us the 2nd FP notice.

We are going to talk to an attorney to file Motion to Reopen petition.

We are so worried.

Please share you suggestions. Thank you so much for your help.

-freewalker

Sorry for my duplicate posting. The same message is also posted in the VSC I-485 forum. I really need your help.
 
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Just another silly joke made by those CIS officials

they are good at making this kind of joke, to "entertain" us who desperately waiting in the dark.

Did you move during the last few years? if you did you may have lost the notice.

Anyway I believe you'll be fine. Getting a lawyer might be a good idea, but if I were you I would do it myself. Sometime a lawyer just mean some one who waste your time and money. Just my personal opinion.
 
We never moved since we started GC application process.

I called VSC yesterday. They confirmed that they only sent my wife one FP notice. They also got the FP result. They never sent us another FP notice except the first one.

The agent on the phone was nice and opened our files. The agent also though it was a USCIS error. But we still need to file MTR to request re-open my wife's case.
 
same with me

I also recieved the same kind of letter.My fingerprints were given on march 29th,2005.My fingers havent expired but they send me a letter telling me that my fingerprints were never given and their records show i havent appeared for finger prints.My husbands I 485 case was approved on april 1st,2006 and within a week they dropped the bombshell on me.I was wondering how could they miss my fingerprints as its still not 15months since I gave them.I ,being a physician definetely need the EAD for my residency.We talked with Murthy law firm and filed the MTR and only yesterday I came to know my case has been reopened,within 2weeks.So dont worry even yours is a service error,I guess and it will be sort out.Nothing to worry,just it will take some more time and these things generally happen...they wont deny the dependents once the primary is approved.Good Luck.Keep the form updated as it will help many others.good luck once again
 
Thank your for sharing your experience. When you filed the MTR, did your attorney just wrote a letter or filed the I-290B form? Did you receive a receipt number after filing MTR? How did you know your case was re-opened?

Sorry that I have too many questions. I am really confused and worried.

I appreciate your help.

godgreencard said:
I also recieved the same kind of letter.My fingerprints were given on march 29th,2005.My fingers havent expired but they send me a letter telling me that my fingerprints were never given and their records show i havent appeared for finger prints.My husbands I 485 case was approved on april 1st,2006 and within a week they dropped the bombshell on me.I was wondering how could they miss my fingerprints as its still not 15months since I gave them.I ,being a physician definetely need the EAD for my residency.We talked with Murthy law firm and filed the MTR and only yesterday I came to know my case has been reopened,within 2weeks.So dont worry even yours is a service error,I guess and it will be sort out.Nothing to worry,just it will take some more time and these things generally happen...they wont deny the dependents once the primary is approved.Good Luck.Keep the form updated as it will help many others.good luck once again
Click to expand...
 
Iam not quite sure about what my attorney has done but he did recieve the receipt for the MTR and which was forwarded to us and my case status was known from USCIS.GOV showing a change in the dates of my previous EAC number assigned for my I485 and the matter says that my case has been reopened on a BCIS motion.This happened after 2weeks from the day I recieved the receipt for MTR.I advise you to go to a strong attorney,people who can make things work even if they charge you high ..
hope this info helped...if you need anyother info iam sure to help as iam also in the same boat like you guyz.GOOD LUCK ONCE AGAIN.
 
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