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Immigration Forum / USA Marriage Base / January 2006AOS Denied
I just received notification that my AOS was denied, due to abandonment. Apparently they didn't receive the additional evidence I was supposed to send in. That was back in August, and it seems they have taken this long to actually bother to tell me. I can submit a motion to reopen my case, if I file it within 30 days. How long does this process take? Is there a timeframe, or does it just depend on when and if they bother to get around to looking at it? We are about to submit our taxes, and, as I don't have a social security number, the return would be significantly less, so I'd like to know if it is feasible to wait for USCIS to make a decision, or whether it will take too long. Any advice would be appreciated. > I just received notification that my AOS was denied, due to > abandonment. Apparently they didn't receive the additional evidence I [quoted text clipped - 8 lines] > whether it will take too long. > Any advice would be appreciated. Just because you dont have a ssn doesnt mean you cant file taxes with your partner. Go to the IRS website & apply for a temporary tax number. This number can be used until you get your ssn. As for you filing a motion to reopen your case I have no idea how long that process will take but it would definately be worth doing rather than risk starting the entire process again. Time wise it has to be shorter than doing it all over from the begining. I know its a frustrating thing to be going through but hang in there, things have to start going your way sooner or later. Goodluck on whatever you decide. Cheers Shepslady  Signatureshepslady > Just because you dont have a ssn doesnt mean you cant file taxes with > your partner. Go to the IRS website & apply for a temporary tax [quoted text clipped - 9 lines] > Cheers > Shepslady Yes, but unfortunately, if I use a temporary tax number, we will not get all the taxes owed to us. For some reason, if a member of the household doesn't hold a valid SSN, then we cannot claim my husband's child. I'm just wondering if it's worth waiting. I think the difference would be about $2,000. So, if somebody could give me some sort of idea of how much longer this will take, that would be great! CF > Yes, but unfortunately, if I use a temporary tax number, we will not > get all the taxes owed to us. [quoted text clipped - 6 lines] > > CF Sorry for the double post! I have a question, regarding the form I-290B. At the very top of the form, It has a section which says "Fee Stamp". Is this where I put the ammount that I will be sending, or is this for their use? Also where it say "In the matter of" I'm assuming I need to put the application that the appeal is pertaining to (I-485). Any help would be greatly appreciated! > Sorry for the double post! > I have a question, regarding the form I-290B. [quoted text clipped - 5 lines] > > Any help would be greatly appreciated! Hi CF, Do a search for posts by "grouchy". They just went through the process of doing a motion to reopen. Best Wishes, Rene > Yes, but unfortunately, if I use a temporary tax number, we will not > get all the taxes owed to us. [quoted text clipped - 6 lines] > > CF Well that seems strange. If you can apply for your husband to get an ITIN why can't you also apply for your step-daughter? Either way you the option of filing an amended return later on. SignatureI'm not an attorney. This disclaimer is valid in NYS! > I just received notification that my AOS was denied, due to > abandonment. Apparently they didn't receive the additional evidence I [quoted text clipped - 8 lines] > whether it will take too long. > Any advice would be appreciated. We were successfull in our MTR, took 7.5 weeks. See my August 1 through September posts. 7.5 weeks, thats great. ours is more like 7.5 months and that was with congressional help, otherwise it would have been over a year from what they tell us. i guess that's new york for you. > 7.5 weeks, thats great. ours is more like 7.5 months and that was > with > congressional help, otherwise it would have been over a year from > what > they tell us. i guess that's new york for you. we were in ny as well. infoline person told me that it would take 8-12 months, which upset me hugely (and I was 8 months pregnant at the time to boot). but instead it took less than 2 months. i also had our congressman's office contacting nbc about it. > we were in ny as well. infoline person told me that it would take 8- > 12 months, which upset me hugely (and I was 8 months pregnant at the > time to boot). but instead it took less than 2 months. i also had > our congressman's office contacting nbc about it. Thank you so much for the quick responses here! Grouchy - I've just read your post in the thread that Rene directed me to and I'm confused (imagine that!). You mention having something notarised. What is this? Sorry, I'm highly stressed and my brain doesn't seem to be functioning properly. CF > Thank you so much for the quick responses here! > Grouchy - I've just read your post in the thread that Rene directed me [quoted text clipped - 4 lines] > > CF The affidavit has to be notarised, that is to say, signed in front of a notary public, who puts their seal on it. When you swear an affidavit in front of a notary, it means you are swearing to its truth on penalty of perjury. A notary can be a lawyer, but most banks have them as well, or offices that will do the notarization for five or ten bucks. Just look in the yellow pages under notary public i imagine. It's not hard to find one--don't stress out over that. Glad Rene cleared it up--I didn't quite clue in there were 2 MTR posts going on at the same time or I would have posted the answers to both threads. > The affidavit has to be notarised, that is to say, signed in front of > a notary public, who puts their seal on it. When you swear an [quoted text clipped - 7 lines] > going on at the same time or I would have posted the answers to both > threads. Thanks again! So, I need to write a seperate letter stating why my case should be re- opened, and have that notorized? Or should I have the I-290B notorized? Again, apologies for failing to grasp what is probably something very simple! CF > Thanks again! > So, I need to write a seperate letter stating why my case should be [quoted text clipped - 5 lines] > > CF There is no form I-290B for motions to reopen. Apparently, there used to be, but it does not exist anymore. So what you do is: 1) A letter which serves as your motion to reopen (since there is no form). Say exactly what happened to you in the letter (explain in detail), and that this case is not the subject of any judicial proceeding. Address the letter to the official who signed the denial letter, at the office who made the denial decision c/o the Chicago Lockbox, at the Chicago Lockbox office address. Put your name on the bottom and sign it. 2) An affidavit saying, I , Madame X, do solemnly swear and affirm as follows....[give your story]. Sign in front of a notary public and they will put their seal on it. 3) Include Fee of $385 payable to Department of Homeland Security. If you are really having trouble let me know and I will post or PM you the papers we used, with names and personal details taken out. Grouchy > There is no form I-290B for motions to reopen. Apparently, there used > to be, but it does not exist anymore. [quoted text clipped - 19 lines] > > Grouchy Ok, thanks. :) I actually downloaded the I-290B last night, but I guess I just won't use it. I'm also wondering whether I should send it to the Chicago Lockbox, as I applied for AOS using the Dallas Office Rapid Adjustment program. I know it's no good calling the mis-information line because none of them there have even heard if DORA. Maybe I should make an infopass appointment and take it in myself? CF > Ok, thanks. :) > I actually downloaded the I-290B last night, but I guess I just won't [quoted text clipped - 6 lines] > > CF The I-290B is for appeals, not MTR's. We were told by the Misinfoline to send it to NBC (Missouri) who does the initial processing. While on the infopass appointment NYC told us to send a 'letter' to NBC, rocket scientists that they are. Well lo and behold about 9 days after sending off our MTR we get it BACK from NBC with a coversheet saying to send it to Chicago Lockbox. Fedexed it to Chicago and got in just under the 30 day wire, which nearly gave me a heart attack (actually, since I was 8 months pregnant at the time, one could say 2 heart attacks). I gather that anything that has a fee attached to it goes through Chicago Lockbox 1st. They take your money, issue NOA, then they send it on to whoever made the decision (Dallas in your case), since they are the ones who have to adjudicate the MTR. But if you feel like making infopass appointment, go ahead. Just don't think you can be certain that you will be told the right thing. If I were you, I would send it to "Dallas Office, c/o Chicago Lockbox" to the Chicago address. After sending to Lockbox, we got NOA and check cashed w/i 8 days or so. Grouchy > The I-290B is for appeals, not MTR's. > [quoted text clipped - 19 lines] > > Grouchy Thank you so much for your help and patience! I will do that. :) CF > we were in ny as well. infoline person told me that it would take 8- > 12 months, which upset me hugely (and I was 8 months pregnant at the > time to boot). but instead it took less than 2 months. i also had > our congressman's office contacting nbc about it. I've wondered about this. Back in the day I was able to get my congressman to intervene and get my CANADIAN visa (believe it or not) but figured that USCIS would be deaf to the ears of the legislative branch. (I am a US citizen.) Hmmm, I'll have to look up the paper trail from an I-130 filed at an overseas post (consulate) and whether or not it is partially processed here. > I've wondered about this. Back in the day I was able to get my > congressman to intervene and get my CANADIAN visa (believe it or [quoted text clipped - 6 lines] > overseas post (consulate) and whether or not it is partially > processed here. Hunh? The I-130 submitted to a qualifying overseas post is adjudicated by the CO under special permission of USCIS (see 9 FAM PART IV Appendix N). What kind of partial processing in the US are you talking about? Sorry to go off on a tangent here. My appointment is in June in Garden City after having sent the MTR in September 2005. I have a job offer that is going to disappear in about 4 weeks, because I am technically out of status and I cant accept it. Its unbelievable that we have to go the process of having an appointment. We sent them the paper (2004 tax returnt) they said they didnt recieve (read "lost"). At any rate, we have hired an attorney to work on the case and try and get the date moved to an earlier date. We've got a congressman involved and a senator from another state. Is there anything else we can do to get an earlier meeting? Is an appointment really necessary if they have all the documentation which we resent? thanks!!! > We were successfull in our MTR, took 7.5 weeks. See my August 1 > through September posts. Thanks, that gives me a more clear idea, though I realise all cases are different. Which form did you use? Was it the I-290B? I want to make sure I have the right form before I make a mess of this. The fee is $385. And thanks to everyone for the support. I really appreciate it. :) CF > Thanks, that gives me a more clear idea, though I realise all cases > are different. [quoted text clipped - 4 lines] > > CF Hi CF, grouchy posted this: http://britishexpats.com/forum/showthread.php?t=351771 which answers your question about the form and fee. Rene > > Thanks, that gives me a more clear idea, though I realise all cases > > are different. [quoted text clipped - 13 lines] > > -- I'm new here and can't find how to post a thread unless I respond to someone elses - sorry if I am treading on toes - but would someone PLEASE tell me how I can post my own thread? I'm fairly new to computers but have been looking this site over for an hour now with no luck. I really need help - I have a charity lawyer (we are broke) who hasn't heard about self-sponsorship!! Where can I find information about this to tell her? THANKS > > > Thanks, that gives me a more clear idea, though I realise all > > > cases [quoted text clipped - 22 lines] > -- > Posted via http://expatforums.com where it says 'New Thread' at top of columns. |
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