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On vacation with valid AP when i-485 got denied. Urgent Advice please!!!

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  • On vacation with valid AP when i-485 got denied. Urgent Advice please!!!

    Dear All,
    Hoping you can help. I moved to the US last August 2018 with my daughter on a K1 visa. Got married August last year, went for biometrics interview etc. AP and work permit were issued and we've been waiting for an AOS interview date since. April 2019 we chased the USCIS office asking when we would get an interview date, we were informed our interview was held on the 25th January 2019?? We were never sent any notification of the date. On the call, I was asked to request a new date which I did. I was given a receipt number for my request and was told to wait 60 days for an update. I waited 30 days and called, still no update. There was also no online update. I called after 60 days and still no update. 16 July, while visiting family in London, my husband gets a notice of denial because we never attended our interview. I'm completely in shock as this means our AP card is no longer valid...correct? I called USCIS office and spoke to e tier 2 officer who said she could see my call in April and she could see the request to reschedule, she also confirmed 2 emails being sent out to me confirming that my request has been made for both myself and my daughter. Then she said whoever I spoke to in April SHOULD have told me I also needed to write a physical letter to put my request in action. She advised me that my options were to approach the US embassy in London for an authorisation travel letter (570GBP per person). I've just emailed the embassy not even sure if this will aid our cause. My husband is filing a motion to re-open our case $600 per person. we already have our return flights booked for the 11th August and I'm also 3 months pregnant. Has this happened to anyone before? Have you attempted to use your AP travel card despite having a denial letter? This is all so stressful as we have nothing here in the UK and just want to get back to resolve all of this. Any advice would be greatly appreciated.

  • #2
    As far as I know, AP is invalid even if it is not expired when the case has been denied. I would not risk not being admitted back in the country.

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    • #3
      Sorry to hear that this happened to you. When the embassy reopens, you should call them instead of email. They have a citizenship services wing to help US citizens and given that your situation affects your whole family, I bet they will resolve this.

      After you make it back: Do you have an online USCIS account where you can track your cases? What do they say? If for some reason your mails are not being delivered to you, I recommend investigating as to why, and perhaps changing the address to your work address or even opening a post box at the local USPS office.
      2018 Marriage-based AOS (I-130, I-485, I-765)
      07-09: Package Delivered to USCIS Chicago Lockbox
      07-17: NOA texts & emails (~10:30 pm)
      07-17: Checks cashed
      07-20: 3 NOAs received in the mail
      07-27: Biometrics letter in mail; scheduled for 08-08
      07-30: Biometrics done; USCIS received on 07-31
      08-02: RFIE for proof of legal employment; replied 08-04
      08-08: USCIS received RFIE, case no longer on hold
      10-04: AP approved
      11-28: Case Ready to Be Scheduled for Interview
      11-29: EAD approved

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      • #4
        Im sorry to read about your situation.
        I do see some possibilities, if you are travelling back to the US with your US citizen spouse, do line up at the US citizen’s counter with him.
        Prior to your arrival to the US border I would also recommend that you enjoin the services of an immigration lawyer and furnish him complete details of your case. He/she may have recommendations on the best way to move forward. If that includes going ahead with return travel in August through the US border, then ask about my earlier suggestion.
        Hope your case works out favorably.
        Best of luck.
        Cheers.

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