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Adjustment of Status Denied Because RFE Was Not Sent

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  • Adjustment of Status Denied Because RFE Was Not Sent

    Hello, thank you so much for your time. In January we received a document saying they need medicals but the same document said "DO NOT MAIL" but bring with you to your interview. In June, we received an RFE asking us to send the medicals no later than September 8. Due to the previous document that said do not mail, I think I got confused and just thought it would be okay to bring medicals to the interview. Then we got the denial letter and even became more confused. Please advise, what do you think.
    I want to go ahead and file the i290B motion to reopen and reconsider.
    OR
    Should we just refile i485
    OR
    Refile i485 in parallel with I290B

  • #2
    The I-290B won’t amount to anything (unless you wanna burn money and time). There was no USCIS error in this case, so it’s unlikely to work.

    Refile ASAP or the beneficiary might start accruing unlawful presence.
    Canadian on F-1 married to USC (SSM)
    Field office: Manhattan/NYC

    09/21/2019: Delivered to Chicago
    09/25/2019: Fees charged
    09/30/2019: Case received
    10/04/2019: Biometrics appt received
    10/15/2019: Fingerprints taken
    10/16/2019: Fingerprint review complete
    11/14/2019: Ready to be scheduled

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