Hi everyone. I have been actively reading-up this thread from the first page for the last 18 months. Though this was not the outcome we expected, my wife to whom I am a derivative and my kids, all received their NOTICE TO REFER, yesterday Monday 08/19/2019.
A few days before, their online statuses changed to "decision was mailed" and "EAD clock is still running" but I noticed that the days count stopped increasing and that made me definitely sure that it was going to be a referral.
The letter noted that "though the evidence shows that you(my wife) had clearly experienced persecution in the past, I (the AO) am not reasonably convinced that your fear of future harm is founded". The officer then noted that they were "referring you (my wife) out of discretion". At best they sounded so unsure of their judgment and at the 2 interviews, they routinely got angry with me in particular and seemed unbalanced sometimes.
We are not in any way discouraged as we know we have a very strong case but we couldn't afford a lawyer at the time and the AO we got was obviously quite inexperienced and very disorganized. They made so many mistakes that we even had to correct them. It was so bad that they taught my family had one application even though we had one for my wife and separate applications for the kids. They had to later send out a different set of acknowledgment letters for the kids after our initial interview and then sent out new invitation letters for interviews for the kids. Hence we all had to attend a second interview. A couple of months later, we received another set of invitation letters for interviews and on getting there, for what would have been the third interview, they said it was in error.
After waiting for another 10months making 18months from our initial application, we then received these referral letters. We are pretty confident that a different AO would have led to a different outcome and with the help of God, we are confident that we will get our approval when we appear before a sincere and experienced judge where we could now be represented by a good attorney. going back to our home country is not an option.
I really want to thank everyone that contributes to this forum. congratulations to everyone who got their grant already and to those who have to wait further, I just want to encourage you to hang in there, as a delay is not denial. hang in there. Success always comes to those who persevere.
Thank you for reading this long post.