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  • Immigration Issues or should I say Incompetence

    Hi everyone,

    This site is so great, it really helps to gain information just by reading other peoples experiences with immigration.

    Ok, so I am from the UK I met my wife (US Citizen) 2 years ago and we married last year august. I decided to move to the US in October, as my wife has a well established life in the US. So we applied for changed of status.

    We started in December and filed the I-485 and I-130. All the necessary documentation was filed correctly through our attorney.

    We received our first rejection saying the I-485 wasn't filed....of course we went into instant panic and questioned our attorney who assured us everything was filed.

    We submitted the I-485 a second time, to our shock horror it was rejected saying the payment was not sent. The rejection letter was stapled to the check!!!!

    We submitted the I-485 with new checks a third time and this time received a notice for a biometrics appointment.

    I went to the biometric appointment last week and got the notice date stamped and signed. Just yesterday we received yet another notice to say they do not have our I-485 and have up to 87 days to submit the form.

    This is a complete nightmare.....

    Our attorney said our case should be a slam dunk as neither one of us have any red flags or issues.

    We are submitting the I-485 again but it is clear to me that the immigration staff are not efficient at all, how can they loose such crucial paper work so many times?

    I just hoping that we can progress to the interview stage after they receive the I-485 for a FOUTH time!

    Has anyone else every experience such incompetence?

  • #2
    Interesting experience you relate...

    Over the course of several decades of submitting paperwork for one's spouses (I have had two), additional procedures beyond visas, then petitions or spouses' relatives, even the most careful of preparers experience a couple of snafus, sometimes by something one has overlooked, or something related to a USCIS error.

    You have described three unexpected problems with the same procedure over several months, which suggests a pattern of something in your submittals which would not normally happen, even with routine clerical errors.

    You seem to be saying that you prepared the paperwork, then submitted through your attorney. It your rejections or errors are "pilot" error, they were due to something you did incorrectly and the attorney overlooked, or that the attorney submitted out of sequence, i.e., submitting I-130 and I-485 separately.

    Various immigration attorneys (or non-attorney service staff) handle paperwork differently, often based on the fee structure. Some will ask the client to prepare all the paperwork, then the attorney will review and pass on. Other attorneys will do all the paperwork, or have clerks in their office prepare all the documents. Contrary to standard logic, the more people who handle your immigration package, the greater chance of an error occurring along the way, no matter how good the package was put together by the first person.

    Having suggested all the above, your best strategy is to respond to each USCIS complaint as it comes up, and eventually get to the end of trail. Keep copies of each submittal and each USCIS response or routine correspondence.

    --Ray B





    Originally posted by UKCITIZEN View Post
    Hi everyone,

    This site is so great, it really helps to gain information just by reading other peoples experiences with immigration.

    Ok, so I am from the UK I met my wife (US Citizen) 2 years ago and we married last year august. I decided to move to the US in October, as my wife has a well established life in the US. So we applied for changed of status.

    We started in December and filed the I-485 and I-130. All the necessary documentation was filed correctly through our attorney.

    We received our first rejection saying the I-485 wasn't filed....of course we went into instant panic and questioned our attorney who assured us everything was filed.

    We submitted the I-485 a second time, to our shock horror it was rejected saying the payment was not sent. The rejection letter was stapled to the check!!!!

    We submitted the I-485 with new checks a third time and this time received a notice for a biometrics appointment.

    I went to the biometric appointment last week and got the notice date stamped and signed. Just yesterday we received yet another notice to say they do not have our I-485 and have up to 87 days to submit the form.

    This is a complete nightmare.....

    Our attorney said our case should be a slam dunk as neither one of us have any red flags or issues.

    We are submitting the I-485 again but it is clear to me that the immigration staff are not efficient at all, how can they loose such crucial paper work so many times?

    I just hoping that we can progress to the interview stage after they receive the I-485 for a FOUTH time!

    Has anyone else every experience such incompetence?

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