Need URGENT HELP: motion to re-open or motion to re-consider or both?

N

Ness

New Member
Dear all

I am an F-1 student who married a US citizen in March 08. We filed I-130 and I-485 concurrently with receipt date in June 08. Had biometrics appointment, received interview appointment for Oct 08. Because of my husband's work commitments, we had to be out of the country at that time (and are still here in New Zealand). I called USCIS and requested to re-schedule the interview, which was acknowledged by letter from them saying our request was being considered. Last week, the person handling our mail received a letter that our case has been closed and the application denied because we did not appear for the interview. I checked online, and my I-485 was also closed and denied, but a week later (letter hasn't arrived yet).

As far as I understand it, our only option now is to file I-290B, even though this decision is based on a mistake on their part. I have a few questions I hope you can help me with:

*should we file motion to re-open, motion to reconsider, or motion to re-open AND re-consider?

*how do we indicate that we need them to reopen/reconsider both the I130 and the I485?

*do we need to attach copies of our original I130 and I485 plus supporting materials?

*can we request they waive the fee given that their decision is based on their mistake, not ours?

Thanks very much for any information and advice you may have!
Ness
 
Unfortunately with USCIS the fact they they "considered" rescheduling your appointment does not mean they accepted it.. and it looks like they didn't.
You can file motion to re-open AND re-consider, but I doubt they will waive the fee for that.
 
Thanks for your response! I hadn't considered that possibility -shouldn't they rule on that request first? I never received any notification that they had rejected my request, so how am I supposed to know?

I guess I'm wondering what would happen if I checked the "reopen and reconsider" box but really I just need the case reopened? Would they reject my I290B because I had checked the wrong box?

Thanks again!
Ness
 
I've read of horror stories of people getting their appointment canceled by the same USCIS, and their application denied because they didn't show up at the interview! Nothing is certain with them, and they never accept the blame, that's for sure.

Your case was closed and denied, so I believe you should check "reopen and reconsider", based on this fact. If they would have sent you a letter stating "intention to deny" then you would only check the "reconsider" option, but since your case was closed.. I would check the open and reconsider box.

Good luck!
 
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