RFE for I485 -> File I824 --> Denial. Please help!

K

khphbb

New Member
:confused:

Hello Everyone

I'm an US citizen

-I filed the I-129F for my wife in Mar 05.
-My wife came to the US with K1 visa in Oct 05 with my 6 month old child caring US birth certificate and US passport(went through DNA test to proved.)
-We got married in Nov 05.
-We filed the I-485 in Jan 06.

Begining of the problem

- USCIS sent out a RFE in the begining of Mar (reason : I-797 approval notice for the I-129F missing) request had to be reply within 87 days.
- I called the USCIS, and they provided me with the case LIN######## for the I-129F application, and sent me a letter said that the I-797 was sent out, but it was returned back to them with the undelivered notice in May 05 and got detroyed. (I did not change my address). They also told me if I need a copy of the I-797, I have to file the I-824. I filed the I-824 right away.
- USCIS sent me a receipt for the I-824 in Apr 06.
- The next day, I sent the I-797C of the I-824 with the letter RFE back to USCIS with the explaination that the I-797 of the I-129F was detroy by the USCIS because I did not received it, and I'm waiting for the processing of the I-824 to get the duplicate of the original I-797 of the I-129F.
- My wife already has finger print with local office.

- Yesterday I received a letter from USCIS said that the I-824 had been denial because the original I-129F application was approved and dated back between apr 05 to Aug 05.

Now I'm confused, would the USCIS process the I-485 without the I-797? what should I do if the I-485 is denial for the rediculous reason: missing the I-797 approval notice? Wouldn't that K1 visa and the I-94 be enough evident?

I'm at the dead end.

I don't know if there was anyone has gone through the same thing I'm facing with now. Thanks for any help.
 
I'm a little confused by your post. Do you or don't you have another copy of your I-129 approval notice?
I would suggest you call the service number: 1 (800) 375-5283 to find out if they actually got the requested information or if you still need to send another approval notice. Maybe scheduling an Infopass appointment wouldn't be a bad idea, either, because the people on the service line aren't always helpful.

Good luck! :)
 
I never received the I-797 Notice of Approval

I know it kinda confuse with the I-797 and the I-797C. They are different things.

The uscis said they sent me the I-797 NOA in for the I-129F in May 05, but it was return back to them for the reason undeliverable to my address, then they throw away that thing. I need the I-797 NOA for the I-485 application, which they request me to submit.

I don't have that I-797 NOA, that why I applied the I-824 which is a request for the duplication of the I-797 NOA. when I applied for the I-824, I received a I-797C, which is just a receipt of $200 fee for the I-824.

Now, they sent another letter denied the I-824 saying that the I-129F was approved and they can't issue another I-797 NOA, which lock me in the situation no forward, block backward.

Where can I go and get the I-797 NOA for I-129F that they request to adjusdicate the I-485?

Very frustrated.
 
That does not make sense since the I-824 is to ask for a duplicate as well.

Make an Infopass...that does not make sense at all. They will denied the I-824 if you check to take action over something...but you must check box A that is to get a duplicate, right?
 
Sure that make all the sense because they want to screw me

I sure made a multiple checks that I have filled the form correctly with Box A checked. I also enclose a copy of the RFE in the envelop. I already have the infopass tomorrow. Maybe thay say no, and say your wife has to leave the US. Because of that stupid thing. :mad:
 
Well, unfortunately that stupid thing is the approval notice that you never received, but a question...does your wife received something from the Consulate stating that the I-129F was approved? I mean she received the K-1 visa after all but in all her paperwork nothing of the approval petition was there?
 
Yes there was

The consulate sent her 2 appointment letters, which we still have copies, but that's all we have. When we replied to the RFE, we did send those copies too, but that's still just a copy.

I've wonder if anyone ever lost the I-797, and what was the next step if they can't submit it with their I-485.
 
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