Letter from INS but not sure exactly what this means

[woainilin]

We won the appeal and our case for the I-485 was reopened. We received a letter on Friday with 2 appointments. One is asking him to go to the NY office on 8/28/2007 at 9:00 am for fingerprints. (Not sure why they are doing this because he was already fingerprinted in CA in 10/2006) and then there is another appointment letter for 9/10/2007 10:00am and it tells the location and date and then says:

 

Ask For: Immigration Examiner

Reason for Appointment: Adjustment of Status (Note: This notice does not represent a decision on motions in any related matters or prior decisions)

Bring with you: See Attachments

 

The only attachment is the fingerprint notification. Also when we were in CA the fingerprint appointment was listed as a biometrics but this one is jsut called "Fingerprint Notification"

 

Does anyone know if the 9/10/2007 meeting is going to be an interview? What other type of appointment could it be?

 

Regards

Toni

[C4Racer]

Just want to say congrats on winning the case.

 

I won't guess on the letter cause I don't have a clue as to what the second appointment could be. If it was an interview they would have a long list and you as the petitioner spouse would be on it. The fingerprints could be just to verify identity otherwise he should also have a picture taken. I would go to the second appointment with everything cause I couldn't guess at what else it could be, maybe someone else knows.

Edited August 19, 2007 by C4Racer (see edit history)

[Robert S.]

I have no basis for saying this other than just making a guess but I think your case has been decided and they just want to see you one more time and tell you he gets the green card. I hope my supposition is right.

[LeeFisher3]

Congratulations Toni and Lin, sounds like they are expediting your case now that you won the appeal. The first appointment sounds like biometrics only, you paid for one and if they want to do a second for free just enjoy it.

 

Now for the second appointment I would suggest you go loaded for bear. Take every immigration form you have ever filed and proof of relationship evidence. Joint banking, Insurance cards and other items showing the merging of your life together. Pictures doing things together don't hurt. I would hold off on presenting a title for a home just yet, remember you have removal of conditions in a couple of years.

 

I would prepare a new I-864 or I-864EZ with a fresh employment letter and have 3 years tax returns attached.

 

The standard AOS interview form tells you to bring a translator with you if the applicant is not fluent in English, it's safer to show up with one and not have them used than to be sent home because you didn't bring one. The USCIS is not consistent on this one.

 

With all the grief you have had you want to make this a single stop for the entire process.

 

With the biometrics being so close to the interview date I would bet they will pass him, but will be awaiting the name check so you probably have a month or two after the interview before receiving the green card.

 

Good luck and show up with a positive attitude.

[tywy_99]

The best of luck to you, Toni. The process can be frustrating at times with all the hoops you have to jump through. Just hang in there!

Glad to see you here.

[Guest ShaQuaNew]

Just want you to know that my heart goes out to you and your family for all the difficulty that the immigration department has dealt your family. Sounds like you'e been hanging tough, and the fact they've reopend your case proves it. Just real happy for you all on this positive next step. All the best.

 

[pkfops]

I believe Biometrics is only good for six months.

 

How much extra $$$$ did you have to pay for this.

[amerchin]

Biometrics and Interviews are usually held at different places. If both notices have the same address then I would think it's for the same reason. If both addresses are different then I would say one is for biometrics and the other for the interview (either for AOS or to make things more clear to them).

 

The fingerprint notification might be to make sure the person who was fingerprinted in CA is the same as the person presently in NY. All this is just a guess and nothing more.

[LeeFisher3]

Biometrics and Interviews are usually held at different places. If both notices have the same address then I would think it's for the same reason. If both addresses are different then I would say one is for biometrics and the other for the interview (either for AOS or to make things more clear to them).

 

The fingerprint notification might be to make sure the person who was fingerprinted in CA is the same as the person presently in NY. All this is just a guess and nothing more.

The address idea is dependent on the regional office, some may not have the facilities for taking biometrics. Our local office does both as I would imagine is normal for most major cities.

[woainilin]

I believe Biometrics is only good for six months.

 

How much extra $$$$ did you have to pay for this.

 

 

We had to pay another 385 for the appeal but they haven't asked for any more money for the additional biometrics. So far that is the only additional expense except of course for all the days off I had to take to keep going to INFOPASS appointments to get our case moving.

[Guest ShaQuaNew]

I believe Biometrics is only good for six months.

 

How much extra $$$$ did you have to pay for this.

 

 

We had to pay another 385 for the appeal but they haven't asked for any more money for the additional biometrics. So far that is the only additional expense except of course for all the days off I had to take to keep going to INFOPASS appointments to get our case moving.

I would encourage you not to pay any more money. Your case appears to be all administrative errors and therefore qualifies to be reopened without fee. While there isn't a form specific to that, all you need do is type "Motion to Reopen Without Fee" at the top of the letter.

[LeeFisher3]

I believe Biometrics is only good for six months.

 

How much extra $$$$ did you have to pay for this.

 

 

We had to pay another 385 for the appeal but they haven't asked for any more money for the additional biometrics. So far that is the only additional expense except of course for all the days off I had to take to keep going to INFOPASS appointments to get our case moving.

I would encourage you not to pay any more money. Your case appears to be all administrative errors and therefore qualifies to be reopened without fee. While there isn't a form specific to that, all you need do is type "Motion to Reopen Without Fee" at the top of the letter.

A successful appeal automatically reopens the case and appears to have expedited the interview schedule.

[Guest ShaQuaNew]

A successful appeal automatically reopens the case and appears to have expedited the interview schedule.

Yes, indeed where an appeal is allowed. There are many AOS cases that are denied without the option to appeal, forcing the applicant to either reapply, or file a motion to reopen. When Sarah's AOS was denied, we received a Notice of Decision from the USCIS emphatically stating that:

 

"There is no appeal to this decision. However, the applicant may file a motion to reopen in accordance with 8 C.F.R. 103.5. Furthermore, this decision is without prejudice to future applications filed with the appropriate US Citizenship and Immigration services office."

[woainilin]

I believe Biometrics is only good for six months.

 

How much extra $$$$ did you have to pay for this.

 

 

We had to pay another 385 for the appeal but they haven't asked for any more money for the additional biometrics. So far that is the only additional expense except of course for all the days off I had to take to keep going to INFOPASS appointments to get our case moving.

I would encourage you not to pay any more money. Your case appears to be all administrative errors and therefore qualifies to be reopened without fee. While there isn't a form specific to that, all you need do is type "Motion to Reopen Without Fee" at the top of the letter.

 

I am already beyond that point because I already paid and the case was already re-opened. I expect that would not work because when I filed my appeal I sent photo copies of the appeal request to both the CA office and the NY office and they CA office wouldn't keep it because there was not a check in there only a copy of the check I sent to Missouri. The reply said not accepted due to non payment. I don't care about the 385 I am just happy that I don't have to start all over again with the new fee which is more then 1000.00

[woainilin]

A successful appeal automatically reopens the case and appears to have expedited the interview schedule.

Yes, indeed where an appeal is allowed. There are many AOS cases that are denied without the option to appeal, forcing the applicant to either reapply, or file a motion to reopen. When Sarah's AOS was denied, we received a Notice of Decision from the USCIS emphatically stating that:

 

"There is no appeal to this decision. However, the applicant may file a motion to reopen in accordance with 8 C.F.R. 103.5. Furthermore, this decision is without prejudice to future applications filed with the appropriate US Citizenship and Immigration services office."

 

This is the same message I got and it was a motion to reopen which granted us the new interview. Even with that you need to pay the 385 fee to file a motion to reconsider or reopen