July 2019

[Caligirl]

finally, today received my EAD card!

[Amyz]

I received the notice today and the reason was that I did not submit the support affidavit and that's why they denied my case without issuing any RFE. The only option I have now is to submit I290B to reconsider the case (along with justification and the missing documents) within 30 days or leave the country. I'm going to consult a lawyer. Although I'm not very hopeful that they are going to change their decision but we'll see what we can do.

[Caligirl]

But,if they did not send you a RFE, it is THEIR fault! I bet,the lawyer will tell you that.resubmit,incl the Affidavit of support and they have to reconsider! You can also contact the ombudsman for that! Wish you all the best& good luck!!!!!!

[Amyz]

But,if they did not send you a RFE, it is THEIR fault! I bet,the lawyer will tell you that.resubmit,incl the Affidavit of support and they have to reconsider! You can also contact the ombudsman for that! Wish you all the best& good luck!!!!!!

Thank you for your kind words and support. Will do that.

[Caligirl]

Ok! You're welcome please ke6us apprised

[sf2019july]

I received the notice today and the reason was that I did not submit the support affidavit and that's why they denied my case without issuing any RFE. The only option I have now is to submit I290B to reconsider the case (along with justification and the missing documents) within 30 days or leave the country. I'm going to consult a lawyer. Although I'm not very hopeful that they are going to change their decision but we'll see what we can do.

Did you already consult a lawyer for reapplying the i-485 or submitting i-290B? Good luck! Hope you file it soon.

I remember I was confused whether to submit Affidavit of Support at first, since we already have H1B. Then, read somewhere on immihelp, that 'Affidavit of Support' is needed for marriage based AOS. But didn't know USCIS would deny the AOS application even without an RFE for that.

[notpatientanymore]

I do believe uscis is now rejecting cases right away without issuing RFE in incomplete cases. Not sure since when they’re doing this though.

[Caligirl]

wow,really?? Hell..... thanks Donald....

[notpatientanymore]

wow,really?? Hell..... thanks Donald....

USCIS will continue issuing statutory denials when appropriate without first issuing an RFE or NOID when the applicant, petitioner, or requestor has no legal basis for the benefit/request sought, or submits a request for a benefit or relief under a program that has been terminated.
If all required initial evidence is not submitted with the benefit request, USCIS, in its discretion, may deny the benefit request for failure to establish eligibility based on lack of required initial evidence. Examples of filings that may be denied without sending an RFE or NOID include, but are not limited to:

• Waiver applications submitted with little to no supporting evidence; or
• Cases where the regulations, the statute, or form instructions require the submission of an official document or other form of evidence establishing eligibility at the time of filing and there is no such submission. For example, an Affidavit of Support (Form I-864), if required, was not submitted with an Application to Register Permanent Residence or Adjust Status (Form I-485).

[notpatientanymore]

https://www.uscis.gov/news/news-releases/uscis-updates-policy-guidance-certain-requests-evidence-and-notices-intent-deny

[Caligirl]

ummmm....yeah.

[Caligirl]

So, read,read,read all form filing instructions. A simple mistake.....such impact....

[nayward]

There are sporadic reports of interviews being waived for EB categories. Maybe just a rumors or someone's wishful thinking - but does anyone heard similar things?

https://www.immihelp.com/experience/....html#comments

[F2A2019]

My interview is also cancelled.

[Caligirl]

Nope,haven't heard thatnayward,but it might be- for certain Visa categories. Definitely not for marriage based though