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Losing all hope

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Old Sep 23rd 2008, 7:17 pm
  #1  
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Default Losing all hope

I'm a confused UK citizen, hoping you lovely folks can help me figure out what to do.

Heres a little timeline of events:

Entered US on K1 visa - June 07
Married - July 07
Sent AOS application - August 07
Biometrics - October 07
Then - I get a REF - November 07
Send all docs - January 08

From mid march 08 the USCIS web site says my case has been resumed.

Now we have an Attorney "helping us out" We send emails asking her what we should be doing over the next 3 months, she tells us to wait then mid july suggests to make an infopass appointment, so we do.
Guy at Infopass, says that my application was denied in Feb 08, and i show him printout from the site showing it says march 08 it was supposedly resumed.
He emails somewhere and says he'll look into it for us and to wait for a call. couple weeks, no call, so we go back, he says he hasn't got a response and he'll look into it so away we go again.

Its has been a while since that last infopass appointment, current circumstances prevented us from making it across the state for another appointment.

Anyway my main problem is that a couple days a go (20th) I receive a denial letter from my attorney dated 21st aug. (we haven't received a denial letter in our mailbox) which means that I had 1 day until the 30 days to act on the decision ended.

So now i'm out of status and at a loss on what our next step should be.

So:

Should I reapply (the letter says no appeals) - this is what our attorney advises, though I'm not completely happy with their help with the whole thing.

Go back to UK and get a visa for my hubby to come over - It would suck to be apart but this immigration lark is stressing me out

Or are there any other options?

I really appreciate any help

Last edited by Emirald; Sep 23rd 2008 at 7:22 pm.
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Old Sep 23rd 2008, 7:51 pm
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Default Re: Losing all hope

On what basis was the AOS denied? If you know that, perhaps it will assist you in reapplying?
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Old Sep 23rd 2008, 7:55 pm
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Default Re: Losing all hope

Originally Posted by BritishGuy36
On what basis was the AOS denied? If you know that, perhaps it will assist you in reapplying?
Ahh sorry I forgot that bit, they say that my joint sponsor's W2 wasn't received, it was sent with in August, but the say it was missing.

I've torn the house apart trying to find copies of what we sent but I've had no luck
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Old Sep 24th 2008, 12:34 am
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Default Re: Losing all hope

Originally Posted by Emirald
Should I reapply (the letter says no appeals) - this is what our attorney advises, though I'm not completely happy with their help with the whole thing.
I agree with the lawyer - send in a new application. Oh... I'd also fire this lawyer and retain another. This isn't quite the do-it-yourself project it might have been at one point.

Ian
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Old Sep 24th 2008, 3:16 am
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Default Re: Losing all hope

Originally Posted by Emirald
I'm a confused UK citizen, hoping you lovely folks can help me figure out what to do.

Heres a little timeline of events:

Entered US on K1 visa - June 07
Married - July 07
Sent AOS application - August 07
Biometrics - October 07
Then - I get a REF - November 07
Send all docs - January 08

From mid march 08 the USCIS web site says my case has been resumed.

Now we have an Attorney "helping us out" We send emails asking her what we should be doing over the next 3 months, she tells us to wait then mid july suggests to make an infopass appointment, so we do.
Guy at Infopass, says that my application was denied in Feb 08, and i show him printout from the site showing it says march 08 it was supposedly resumed.
He emails somewhere and says he'll look into it for us and to wait for a call. couple weeks, no call, so we go back, he says he hasn't got a response and he'll look into it so away we go again.

Its has been a while since that last infopass appointment, current circumstances prevented us from making it across the state for another appointment.

Anyway my main problem is that a couple days a go (20th) I receive a denial letter from my attorney dated 21st aug. (we haven't received a denial letter in our mailbox) which means that I had 1 day until the 30 days to act on the decision ended.

So now i'm out of status and at a loss on what our next step should be.

So:

Should I reapply (the letter says no appeals) - this is what our attorney advises, though I'm not completely happy with their help with the whole thing.

Go back to UK and get a visa for my hubby to come over - It would suck to be apart but this immigration lark is stressing me out

Or are there any other options?

I really appreciate any help
Sigh. DHS is going somewhat nuts and issuing hairtrigger denials. I may be a lawyer but I am not your lawyer. However, based upon your descriptions, I would advise the same thing as your lawyer does.
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Old Sep 24th 2008, 3:55 am
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Default Re: Losing all hope

Originally Posted by Emirald
Should I reapply (the letter says no appeals) - this is what our attorney advises, though I'm not completely happy with their help with the whole thing.

Go back to UK and get a visa for my hubby to come over - It would suck to be apart but this immigration lark is stressing me out
Where do you two want to live?

If the US, then going back to the UK doesn't make much sense.

It's a bit of a hassle, but you can overcome. Get your mailing addresses and agent set up straight if you re-file, and for the gods' sake, don't move!
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