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Denied I485 due to they didn't reschedule our stokes interview

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  • Denied I485 due to they didn't reschedule our stokes interview

    Hopefully my signature will display with most of my info. Sorry that this may come out like a novel, though I feel in this matter, the details are important.

    We had our interview in NYC on 11/01/2019 and the outcome was that they may request further evidence within the next 120 days. On 11/04/2019, we booked airfare to visit her family in China from 01/20-02/19/2019.

    We did receive a letter on 01/17/2020 (mailed 01/09/2020), that they have scheduled a Stokes interview for 02/06/2020 at 12PM. On that Saturday (01/18/2020), I send the return sheet requesting a postponement due to the fact we will be out of the country and include a copy of the flight details which I have sent delivered on 01/21/2020 (01/20/2020 is a federal holiday.) I know they receive it from my notifications. On the letter, I do mention that since we will be out of the country and can'tread letters in our mailbox, it would be best if they could email me with any updates.

    We go to China, and I keep checking my email and the USPS mail picture emails to see if anything came from them and don't receive anything. Due to the coronavirus outbreak in China, we return back to NYC on 01/31/2020, though the CDC recommends that people do a 14 day self quarantine for people not showing any symptoms just in case.

    I speak with someone on Monday (02/03/2020) afternoon who tells me they see the same status I do which is still from 09/26/2019 that our interview has been scheduled. I ask to speak with an officer and she tells me that they are no longer transferring people to officer's officers and I need to contact them earlier in the day on Tuesday (02/04/2020.) I do call on 02/04/2020, tell the person I need to speak with an officer. I get told that I will receive a call back in 416 minutes.

    Thank God it was more like 300 minutes until they called. Spoke to an officer and she can see more details. She tells me they received the case 01/22/2020 and 01/23/2020, though there are no updates. I inform her we are back in NYC, though under self quarantine. She tells me that the USCIS has an article on their website about being careful of the coronavirus and to not bring it into their office. She noted it all in the system and tells me that I will probably get a letter in two to three weeks with a rescheduled Stokes interview. Okay, I feel I have done my best to notify them of both valid reasons we have that require us to reschedule.

    Lo and behold, our scheduled interview for 02/06/2020 12PM comes and goes without us attending with the believe that logically it was rescheduled. At 3:31PM, I get both text and email alerts that both the I130 and I485 status have been changed to declined. WTF?

    I send a message to my wife's immigration attorney, and no response. So on Friday (02/07/2020), I speak with someone at USCIS, and they only see what I see and tell me that I will have to wait to receive those letters to appeal the case. My wife calls her immigration attorney, and when I speak with him he tells me what poor communication there is between departments in USCIS. He tells me to document everything in a letter and include screenshots of my cell phone call log proving that I made the calls and for how long. I plan to also include a printout of the generic email I received on Wednesday (02/95/2020), stating that because of the coronavirus they recommend if you feel ill, to contact them to reschedule as they don't want you getting them sick. Guess it wouldn't hurt to include a copy of our return plane tickets and the notification on the CDC website recommending people in our situation would be best to do a self quarantine of 14 days.

    My wife whose English is not very good, keeps asking me why they declined it if they told me it would be rescheduled. No matter how many times I tell her we did our best to notify them, and did the right thing by not going, she kept repeating that we should have gone. On and on again, until finally I blow up and tell her to speak in Mandarin to her immigration attorney, as she is paying him and he is the professional and will have these answers. This is the first and only time I hope to deal with the bureaucracy of the USCIS.

    So I did write a very detailed letter with all of the times, names of people I spoke to, and everything. Now the immigration attorney doesn't reply to my request to review the letter. Unsure if too much detail is better or not. He wants me to either deliver it in person on Monday to get it stamped, or send it to arrive for Monday morning.

    My wife keeps telling me need to do this perfectly, though when I discuss wanting to have the immigration attorney review it, she said just write the basic details which I believe is contrary to what the attorney told me. Sadly, this all left up to me as she wouldn't be able to write them well enough, and I have been handling all the paperwork and calls.

    If anyone has any insight on this long winded message, I would really appreciate it.

    Thanks,
    ​​​​​​​Jeff
    Rec Date: 01/03/2019
    Bio: 01/24/2019
    Ready to sched intvw: 01/31/2019
    Intvw rec: 09/26/2019
    Intrvw 11/01/2019 / Outcome: 120 day rvw w/ posbl RFE
    Stokes intvw rec: 01/09/2020
    Stokes intvw on: 02/06/2020 12PM
    Planned travel dates: 01/20-02/19/2020 (China)
    Req for postponement rec: 01/21/2020
    Ret to NYC due to coronavirus: 01/31/2020
    CDC recommends self quarantine: 14 days
    Spoke to USCIS immigr services officer: 02/04/2020
    Rec declination notifications: 02/06/2020 3:30PM
    NYC

  • #2
    Go to your congressman/woman and let them take care of it for you ASAP. I am just not sure if you officially applied for stroke interview to be rescheduled meaning with a letter not over the phone. If you did that's great. I would fill out a form for the ombudsman too. I don't think your lawyer can do anything but sending a letter to USCiS with your return tickets is crucial so do it ASAP! You wanna take an action before they send you an official denial letter so that they can reschedule your interview. If they sent the denial notice by mail then things get really complicated and you will need a lawyer!!

    I was in your shoes and I took action right away and I was able to get my interview rescheduled so my suggestions come from experience.
    Marriage-based AOS - Concurrent filing.
    03/27-2018 AOS package sent to Chicago Lockbox.
    03/30- confirmation of delivery to USCIS.
    04/11- Four Email/Text notifications
    04/11- cheques cashed
    04/27- Biometrics appointment received.
    04/27-Courtesy Letter-I-693
    05/02- Biometrics walk-in
    08/01- I-765 New Card being produced
    08/03- We approved your case; I-765 & I-131
    08/08-Combo Card received

    Comment


    • #3
      Originally posted by b3b3g1 View Post
      Go to your congressman/woman and let them take care of it for you ASAP. I am just not sure if you officially applied for stroke interview to be rescheduled meaning with a letter not over the phone. If you did that's great. I would fill out a form for the ombudsman too. I don't think your lawyer can do anything but sending a letter to USCiS with your return tickets is crucial so do it ASAP! You wanna take an action before they send you an official denial letter so that they can reschedule your interview. If they sent the denial notice by mail then things get really complicated and you will need a lawyer!!

      I was in your shoes and I took action right away and I was able to get my interview rescheduled so my suggestions come from experience.
      Thank you for your reply. Yes, I did send back the letter to them the day after we received it with a copy of our plane itinerary. For having returned early, I only informed over the telephone as I wanted to let them know quickly about the change in our travel status and to confirm that our appointment had been postponed, though there was no update on their system.

      After posting this, I did continue to research more on this and other sites. I found someone had posted similar here in 2013 that was helpful at https://forums.immigration.com/threa...-error.313134/. There I had read about contacting the ombudsman and in talking to my father he also said the same thing about calling my congressman. I will put everything together tonight so that I can have the whole document to upload to the ombudsman and if there is a place/email where the congressman wants for me to send it.

      I will be in that area on Thursday afternoon which is also about when I am allowed to end the self quarantine and was thinking of dropping it off in person. Even though I am not supposed to go out, do you think it would be better I either send same day service or deliver it in person tomorrow?

      Definitely want to get this resolved as quickly and easy as possible. Unsure when the actual letters actually will be sent since the status was only updated a little more than one business day ago.
      Last edited by Freshwave; 02-09-2020, 06:46 PM.
      Rec Date: 01/03/2019
      Bio: 01/24/2019
      Ready to sched intvw: 01/31/2019
      Intvw rec: 09/26/2019
      Intrvw 11/01/2019 / Outcome: 120 day rvw w/ posbl RFE
      Stokes intvw rec: 01/09/2020
      Stokes intvw on: 02/06/2020 12PM
      Planned travel dates: 01/20-02/19/2020 (China)
      Req for postponement rec: 01/21/2020
      Ret to NYC due to coronavirus: 01/31/2020
      CDC recommends self quarantine: 14 days
      Spoke to USCIS immigr services officer: 02/04/2020
      Rec declination notifications: 02/06/2020 3:30PM
      NYC

      Comment


      • #4
        Go to your congressman website. They either have a form for you to fill out or email them. They need to accept your case first end then you can provide all docs. So better to apply online right away it takes sometime for them to get back to you.
        Marriage-based AOS - Concurrent filing.
        03/27-2018 AOS package sent to Chicago Lockbox.
        03/30- confirmation of delivery to USCIS.
        04/11- Four Email/Text notifications
        04/11- cheques cashed
        04/27- Biometrics appointment received.
        04/27-Courtesy Letter-I-693
        05/02- Biometrics walk-in
        08/01- I-765 New Card being produced
        08/03- We approved your case; I-765 & I-131
        08/08-Combo Card received

        Comment


        • #5
          Originally posted by b3b3g1 View Post
          Go to your congressman website. They either have a form for you to fill out or email them. They need to accept your case first end then you can provide all docs. So better to apply online right away it takes sometime for them to get back to you.
          Yes, I have seen the form for my congresswoman and will fill it out and send back when I am done. I was going to send everything to the USCIS tonight and we just saw that in our mailbox was three notices. A letter from the 4th stating how we had communicated with them, and both letters dated 02/07/2020 that stated that our I130 and I485 and that we should have contacted them if we wanted to reschedule. Once I get it out, I will continue with contacting the congresswoman and ombudsman. My wife's lawyer said we should ask for them to reconsider and if we need to move forward with the process they should waive the fee for the filing.
          Rec Date: 01/03/2019
          Bio: 01/24/2019
          Ready to sched intvw: 01/31/2019
          Intvw rec: 09/26/2019
          Intrvw 11/01/2019 / Outcome: 120 day rvw w/ posbl RFE
          Stokes intvw rec: 01/09/2020
          Stokes intvw on: 02/06/2020 12PM
          Planned travel dates: 01/20-02/19/2020 (China)
          Req for postponement rec: 01/21/2020
          Ret to NYC due to coronavirus: 01/31/2020
          CDC recommends self quarantine: 14 days
          Spoke to USCIS immigr services officer: 02/04/2020
          Rec declination notifications: 02/06/2020 3:30PM
          NYC

          Comment

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