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I-751 Denial - Missed the biometrics appointment

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  • I-751 Denial - Missed the biometrics appointment

    My wife missed her biometrics appointment (ASC) to remove her conditional resident status, and she got a denial letter for her I-751.

    I think she sent in the form for rescheduling a new appointment a little too late (a month or so late). She has an extension letter (for a year), but also got a denial letter (for her I-751) now.

    It seems we can file a motion to try to re-open the case using I-290B in next few days. According to the denial letter, this is only possible when there is an "error" (one of three kinds):
    1- the requested evidence was not material ... (I think this does not apply to her case - since evidence wasn't the problem)
    2- ... apperance was complied with during the allotted period); or
    3- change of address problem

    She missed her appoinent because she was oversea for a family emergency (mother terminally il). But it seems this is not a good enough reason to miss a biometrics appointment.

    I have a few questions:
    (1) does it make sense file I-290B with this reason (out of country due to a family emergency- I think she prove this).
    (2) should we directly file I-485 since she has an approved I-130?
    (3) Can we file I-290B and I-485 together?
    (4) Can she travel out of country while I-290B pending?
    (5) what else can we do?

    Thanks in advance

  • #2
    My wife missed her biometrics appointment (ASC) to remove her conditional resident status, and she got a denial letter for her I-751.

    I think she sent in the form for rescheduling a new appointment a little too late (a month or so late). She has an extension letter (for a year), but also got a denial letter (for her I-751) now.

    It seems we can file a motion to try to re-open the case using I-290B in next few days. According to the denial letter, this is only possible when there is an "error" (one of three kinds):
    1- the requested evidence was not material ... (I think this does not apply to her case - since evidence wasn't the problem)
    2- ... apperance was complied with during the allotted period); or
    3- change of address problem

    She missed her appoinent because she was oversea for a family emergency (mother terminally il). But it seems this is not a good enough reason to miss a biometrics appointment.

    I have a few questions:
    (1) does it make sense file I-290B with this reason (out of country due to a family emergency- I think she prove this).
    (2) should we directly file I-485 since she has an approved I-130?
    (3) Can we file I-290B and I-485 together?
    (4) Can she travel out of country while I-290B pending?
    (5) what else can we do?

    Thanks in advance

    Comment


    • #3
      Hi ChetRock and welcome to ILW,

      I am sorry that we seemed to have missed your thread pass by without any answers, I wish I could give you the answers myself but I am not too familiar in this area.

      I would like to b ump this thread up for you hoping that someone can help you with your questions and I know you are online right now so hopefully someone here will answer very soon
      -----------------------------------------------------------------------------------------------
      God Bless America - God Bless Immigrants - God Bless Poor Misguided Souls Too

      National Domestic Violence Hotline:
      1.800.799.SAFE (7233) 1.800.787.

      Comment


      • #4
        They are pretty strict about this requirement. I would advise against travelling outside the country altogether until the issue is resolved. I don't like the idea of doing both together especially the I-485; but really you should get an experienced immigration lawyer to navigate yourself through the process. Make sure she isn't scamming you. Another alternative is to ditch her and marry someone else; it might be easier. Good luck.
        These people stop at Nothing !

        Death to IMBRA AND VAWA !

        God Bless America and no one else !!!

        Comment


        • #5
          Hi chet,

          What's the reason for the 1-751 Denial?

          Have you tried infopass?

          Comment


          • #6
            there's a similar case discussed here in ilw
            you may wanna read it.

            http://discuss.ilw.com/eve/forums/a/.../m/73610444241

            Comment


            • #7
              File the I-290B anyway, regardless of the fact that your "reason" is not articulated on the form! Cite that she did not receive the appointment letter because she was out of the country (they will know anyway, even if you don't tell them she was )

              No need to file the I-485 right now. If the MTR is denied, then would be your opportunity to file the Adjustment of Status application all over again before the IJ when she is issued an NTA. (The I-130 is not needed, I believe, because it is still extant, but please doubl check me to be sure.)

              How is it she missed the biometrics anyway? Were you also out of the country with her, and not aware that the appointment had been scheduled?

              <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by ChetRock:
              My wife missed her biometrics appointment (ASC) to remove her conditional resident status, and she got a denial letter for her I-751.

              I think she sent in the form for rescheduling a new appointment a little too late (a month or so late). She has an extension letter (for a year), but also got a denial letter (for her I-751) now.

              It seems we can file a motion to try to re-open the case using I-290B in next few days. According to the denial letter, this is only possible when there is an "error" (one of three kinds):
              1- the requested evidence was not material ... (I think this does not apply to her case - since evidence wasn't the problem)
              2- ... apperance was complied with during the allotted period); or
              3- change of address problem

              She missed her appoinent because she was oversea for a family emergency (mother terminally il). But it seems this is not a good enough reason to miss a biometrics appointment.

              I have a few questions:
              (1) does it make sense file I-290B with this reason (out of country due to a family emergency- I think she prove this).
              (2) should we directly file I-485 since she has an approved I-130?
              (3) Can we file I-290B and I-485 together?
              (4) Can she travel out of country while I-290B pending?
              (5) what else can we do?

              Thanks in advance </div></BLOCKQUOTE>

              Comment


              • #8
                Hi chet trying to put it on top
                hope you read the replies

                Comment


                • #9
                  hi chetrock and sorry about yersterday but i was busy doing things here and there. ok there is something wrong in your post my friend , you'r talking about the i-751 application, so what does the i-485 have to do with this case? give little more details plz , the i-485 is for the ppl who entered on k visa and they file the i-485 to adjust their status in the u.s or for those who got married in the u.s and filed the i-130 and then i-485 etc..... you said she filed i-751 so she's a green card holder(2 years card) allready. so no need to file the i-485 bcoz her status is adjust allready. man this is just a mess and hopefully u didnt file it . and where is your wife right now? is she in the u.s or she's still in her home country? if she's in her hoime country then she doesn't have status in the u.s and she will be denied entery at the airport bcoz once the i-751 is denied then there is no status. if shes in the country then just go ahead and file a new i-751 application, i wont file a motion , first the new i-751 will get her 1 year extention right the way ,and also the motion takes 4-5 months now and it might get denied bcoz u said she send it 30 days later so that was her fault, and if shes outside the country u have to file a new i-751 now to get her the extention so she can re-enter the country but i-485 doesn't have anything to do with your case, can u give the time frame plz, just more details so we can assist you better , good luck

                  Comment


                  • #10
                    2) should we directly file I-485 since she has an approved I-130?
                    ??????????? what i-130 ? how did she entered ? on what visa and when exactly and how long u guys have been married? iam telling you , give more details plz bcoz there is something wrong.

                    Comment


                    • #11
                      the fact that she filed the i-751 that alone is giving some answers, she cann't file the i-751 if shes not a green card holder(2 years card) so why r u asking about the i-485 and the i-130?

                      Comment


                      • #12
                        The I-751 has been denied. The alien is at this time without status, so if the alien cannot reopen the case and perform the biometrics, then the alien would have to adjust status again <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by mike_2007:
                        the fact that she filed the i-751 that alone is giving some answers, she cann't file the i-751 if shes not a green card holder(2 years card) so why r u asking about the i-485 and the i-130? </div></BLOCKQUOTE>

                        Comment


                        • #13
                          no thats not true, she/he doesnt have to adjust nothing . i-130 and i-485 has nothing to do with this case. a new i-751 will be filed and thats it . no i-130's and no i-1485 is involved in this case

                          Comment


                          • #14
                            i bet the i-751 was denied for abandonment and he/she can file a new i-751 and thats it . even on his denial letter without seen it it says in there if u dont wish to reopen the case u can file a new i-751 application . no adjustment is involved

                            Comment


                            • #15
                              Thanks for looking into this.

                              What is infopass? Any link?

                              chet

                              <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by speed_025:
                              Hi chet,

                              What's the reason for the 1-751 Denial?

                              Have you tried infopass? </div></BLOCKQUOTE>

                              Comment



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