Application Denial
Feb 26th 2010, 5:16 am
#33
Forum Regular
Thread Starter
Joined: Apr 2008
Posts: 173
Re: Application Denial
Hi all,
I am updating my original thread for those who are interested and so other people can read my experience after my initial denial.
Back in August of last year (after receiving my I-485 denial letter) I sought the help from a local attorney and with her advice and guidance she helped me to prepare and file form I-290B- A Motion to Reopen. My attorney detailed the mistake in a letter to USCIS and we submitted the missing I-864 from my husband, as well as his tax evidence.
My attorney then received a recepit notice for the Motion to Reopen stating that it could take between 2 and 6 months until a decision is made.
Here is the timeline:
Aug 17th 2009: USCIS receives I-290B.
Feb 17th '10: USCIS update my online status and reopen the case.
Feb 22nd '10: Recepit received for reopening my case and reviewing the decision.
Feb 25th and 26th '10: Case approved! EAD and AP received!
It took 6 month for the denial decision to be overturned and now 13 months after our wedding, and almost a year after we originally filed for AOS, I have my work authorisation and advance parole in hand! I am feeling incredibly happy
Just a note, upon the advice from BE members and from my attorney, I have not left the US. That is certainly the advice I would give to other people in a similar situation- stay in the US, seek legal advice and be patient while everything is being sorted out.
I do have one question. Is it still advisable for me to use my AP. I entered on a K1 visa, filed for AOS within 90 days of marrying, but I'm not sure if the fact I had a previous denial will affect me when I re-enter the US. Im just wondering.
Now, I will hopefully receive an AOS interview appointment letter..
I am updating my original thread for those who are interested and so other people can read my experience after my initial denial.
Back in August of last year (after receiving my I-485 denial letter) I sought the help from a local attorney and with her advice and guidance she helped me to prepare and file form I-290B- A Motion to Reopen. My attorney detailed the mistake in a letter to USCIS and we submitted the missing I-864 from my husband, as well as his tax evidence.
My attorney then received a recepit notice for the Motion to Reopen stating that it could take between 2 and 6 months until a decision is made.
Here is the timeline:
Aug 17th 2009: USCIS receives I-290B.
Feb 17th '10: USCIS update my online status and reopen the case.
Feb 22nd '10: Recepit received for reopening my case and reviewing the decision.
Feb 25th and 26th '10: Case approved! EAD and AP received!
It took 6 month for the denial decision to be overturned and now 13 months after our wedding, and almost a year after we originally filed for AOS, I have my work authorisation and advance parole in hand! I am feeling incredibly happy
Just a note, upon the advice from BE members and from my attorney, I have not left the US. That is certainly the advice I would give to other people in a similar situation- stay in the US, seek legal advice and be patient while everything is being sorted out.
I do have one question. Is it still advisable for me to use my AP. I entered on a K1 visa, filed for AOS within 90 days of marrying, but I'm not sure if the fact I had a previous denial will affect me when I re-enter the US. Im just wondering.
Now, I will hopefully receive an AOS interview appointment letter..
Feb 26th 2010, 5:31 am
#34
BE Enthusiast
Joined: Jul 2007
Posts: 601
Re: Application Denial
Hi all,
I am updating my original thread for those who are interested and so other people can read my experience after my initial denial.
Back in August of last year (after receiving my I-485 denial letter) I sought the help from a local attorney and with her advice and guidance she helped me to prepare and file form I-290B- A Motion to Reopen. My attorney detailed the mistake in a letter to USCIS and we submitted the missing I-864 from my husband, as well as his tax evidence.
My attorney then received a recepit notice for the Motion to Reopen stating that it could take between 2 and 6 months until a decision is made.
Here is the timeline:
Aug 17th 2009: USCIS receives I-290B.
Feb 17th '10: USCIS update my online status and reopen the case.
Feb 22nd '10: Recepit received for reopening my case and reviewing the decision.
Feb 25th and 26th '10: Case approved! EAD and AP received!
It took 6 month for the denial decision to be overturned and now 13 months after our wedding, and almost a year after we originally filed for AOS, I have my work authorisation and advance parole in hand! I am feeling incredibly happy
Just a note, upon the advice from BE members and from my attorney, I have not left the US. That is certainly the advice I would give to other people in a similar situation- stay in the US, seek legal advice and be patient while everything is being sorted out.
I do have one question. Is it still advisable for me to use my AP. I entered on a K1 visa, filed for AOS within 90 days of marrying, but I'm not sure if the fact I had a previous denial will affect me when I re-enter the US. Im just wondering.
Now, I will hopefully receive an AOS interview appointment letter..
I am updating my original thread for those who are interested and so other people can read my experience after my initial denial.
Back in August of last year (after receiving my I-485 denial letter) I sought the help from a local attorney and with her advice and guidance she helped me to prepare and file form I-290B- A Motion to Reopen. My attorney detailed the mistake in a letter to USCIS and we submitted the missing I-864 from my husband, as well as his tax evidence.
My attorney then received a recepit notice for the Motion to Reopen stating that it could take between 2 and 6 months until a decision is made.
Here is the timeline:
Aug 17th 2009: USCIS receives I-290B.
Feb 17th '10: USCIS update my online status and reopen the case.
Feb 22nd '10: Recepit received for reopening my case and reviewing the decision.
Feb 25th and 26th '10: Case approved! EAD and AP received!
It took 6 month for the denial decision to be overturned and now 13 months after our wedding, and almost a year after we originally filed for AOS, I have my work authorisation and advance parole in hand! I am feeling incredibly happy
Just a note, upon the advice from BE members and from my attorney, I have not left the US. That is certainly the advice I would give to other people in a similar situation- stay in the US, seek legal advice and be patient while everything is being sorted out.
I do have one question. Is it still advisable for me to use my AP. I entered on a K1 visa, filed for AOS within 90 days of marrying, but I'm not sure if the fact I had a previous denial will affect me when I re-enter the US. Im just wondering.
Now, I will hopefully receive an AOS interview appointment letter..
Congrats.Did she attach her hot photo for the lusty SDAO? JK
Feb 27th 2010, 7:07 am
#35
Forum Regular
Thread Starter
Joined: Apr 2008
Posts: 173
Re: Application Denial
LOL! I'm hoping someone will still be able to help me with my question.
Feb 27th 2010, 7:09 am
#36
Shocked of Redmond
Joined: Feb 2005
Location: Redmond, WA
Posts: 3,446
Re: Application Denial
My attorney and I had a discussion about this in 2004, since I had been subpoenaed as a witness in a High Court case in London, and was looking at a contempt charge if I refused to appear. She said that she would always recommend people not to leave the US if there was anything at all non-standard (previous denials, requirements for waivers, etc) in their applications for AOS. I ended up giving evidence over a video link.
Last edited by nettlebed; Feb 27th 2010 at 7:13 am. Reason: Clarification.
Feb 27th 2010, 12:19 pm
#37
Forum Regular
Thread Starter
Joined: Apr 2008
Posts: 173
Re: Application Denial
My attorney and I had a discussion about this in 2004, since I had been subpoenaed as a witness in a High Court case in London, and was looking at a contempt charge if I refused to appear. She said that she would always recommend people not to leave the US if there was anything at all non-standard (previous denials, requirements for waivers, etc) in their applications for AOS. I ended up giving evidence over a video link.
Mar 2nd 2010, 3:01 am
#38
Forum Regular
Thread Starter
Joined: Apr 2008
Posts: 173
Re: Application Denial
Just hoping that other BE members may be able to give me their advice/opinions regarding my question above. Thank you
Mar 2nd 2010, 4:31 am
#39
Joined: Apr 2002
Posts: 35,082
Re: Application Denial
Depending on the desperation of your need, pay for a consultation with someone trained to know; I wouldn't rely on an internet answer for this one and I've relied on internet answers for a lot of things--that I can confirm myself.
Considering the speed of AOS cases lately, if it were me, I would wait the additional couple/few months for my adjustment to be completed and leave no questions.
OTOH, I can't see why the denial itself would create a problem, but it creates the opportunity for problems.
Suggestion for the future: start reading about form I-751; what is required and when you will file it, so that you are not caught short again by misunderstanding the instructions.
Mar 2nd 2010, 7:24 am
#40
Forum Regular
Thread Starter
Joined: Apr 2008
Posts: 173
Re: Application Denial
I really appreciate your input meaunxa, thank you.
I will certainly start to do some reading so I'm better prepared for the next stage.
I will certainly start to do some reading so I'm better prepared for the next stage.
