Appeal the case after files sent back to USCIS

[satome 0]

My wife was denied and got "files sent back to USCIS for final decision" last year (2009). Last week, after waiting for a while, I got the letter from the DHS to appeal. What do I do now? Should I file a new I-130? I'm planning to file the appeal Form EOIR-29 which attached to the letter I received. Wwhat do I need to send along with the form? Anyone been through this process please help. Been waiting for 2 years now. Thanks

[ScottThuy 140]

Kevin and Tuyen are a great resource for this.... You only have 30 days to respond so you need to do what you have to do.. fast...

[JakeinVietnam 0]

If you are appealing a decision they made, then what I would say is to know why they denied you, and send proof that what they said is not true, if it was because of something you can not prove, then explain it, meaning if they said it was a part of cultural norm, explain why that step was not followed, and I would even state that no where in the immigration rules and regulations such a step is required, point out the facts, and send them the proof that you have of your ongoing relationship, but you only have a short time before this option is no longer an option. I would even suggest some sort of fed-ex or ups so that you can get conformation of when they received it. Handle the appeal before you file a new petition, I have a friend in Saigon that did not do an appeal and tried to refile and they would not even approve his new petition, so now he has to live here to be with his wife. I am not an expert on this, but this is the only thing I can think that a person could do is to confront the reason for denial in any appeal, and not just say "they were wrong, our love is real" prove that the CO was wrong, and not just barely, make it look like they made a true travesty of justice, if they said not enough photos, don't send 5 send 50, if they said no proof of ongoing relationship, don't send 10 or 20 emails from different dates, send 100 or 200, send a time line as well, anything and everything you can think of that will totally disprove what the CO said were reasons for denial, and then put a cover letter on stating what is in the package you are sending, like 50 photos, 200 emails, 24 phone bills, 5 plane ticket stubs, ect. ect. keep everything together and make it as professional as possible, and then if my thinking is correct you will be fine

[Dai. 7]

Just a couple of days ago you didn't know the difference in K1 and DCF. And then all of a sudden your CR1/IR1 when you stated that you are simply engaged? :confused: And then now you are giving advice on what to do on Appealing the case after the files are sent back to USCIS?

[JakeinVietnam 0]

Just a couple of days ago you didn't know the difference in K1 and DCF. And then all of a sudden your CR1/IR1 when you stated that you are simply engaged? :confused: And then now you are giving advice on what to do on Appealing the case after the files are sent back to USCIS?

It does not take a rocket scientist to give advice about something that has been denied and then you are wanting to rebut it. I clearly stated that I am NO expert, and simply gave my two cents on the topic, and as for your accusation of me not knowing the difference in a K1 and DCF are unfounded, I DID know that a K1 was a fiancee visa, and I DID know that DCF was direct consular file, what I did NOT know was that you have to be married for a DCF. At least I am TRYING to help people and not criticizing what people do and do not know and what people are and are not claiming. Do you have an opinion on what I suggested? Do you think something that I suggested is not correct? Please if you DO have an opinion that what I have said is incorrect please post it so that the person asking for help with a rebuttal can figure out what it is that I have suggested is not god advice. After all the definition of a rebuttal is to disprove all previous statements/findings, and I think I suggested to make sure that each reason for the denial was clearly addressed in any rebuttal, and to go above and beyond simply disproving it when possible, and then to even do overkill on any proof that they have that would rebut any and all findings that the original CO has stated. I have also read tons of posts here since I have been here, and not simply in the Vietnam forum, my friend was denied a CR1 visa and failed to do a rebuttal, when he filed again they did not even approve it, he is the person that also misinformed me that I could file a DCF with a K1 visa, so I personally know his case as he has worked under me at Samsung for over 3 years now, and I know what he did not do, and what his lawyer Mr. Nam has told him to do when he did try to rebut his non approval for his CR1. What he was told is what he should have done in his chance for a rebuttal is the exact same thing that I recommended for this person to do, and once again I am no "expert" nor have I claimed to have ever been an "expert" I am just giving my two cents worth on the matter

[feelinglucky 1]

Jake, I appreciate how you have handle the situation, even though you only recently started posting in this forum, I feel you have the right to give any opioion you want right or wrong. Some members think that they are the only ones allowed to give advice, and newcommers should just read. Its this kind of attitude that disscourage other members out there from posting. Which is a shame, hearing other peoples opioion on matters is what this forum is supposed to be about. Sharing and supporting is why I love this site, I didnt come here to hear other members being sarcastic, and somtimes just rude. Explain to me how when a member post his opioion on how to help another member, and by the way great advice never the less, and another member goes off on him like he was a fool. How is that benificial to anybody hear. Members here are not immigrations professional.................they only have some or more personel experience than others. Lastly, there is not such thing as senority here either, just because some1 is new doesnt mean they cant add their 2 cents.

If your going to off on some1 PLEASE make sure they deserve it first.

[vuster 0]

My wife was denied and got "files sent back to USCIS for final decision" last year (2009). Last week, after waiting for a while, I got the letter from the DHS to appeal. What do I do now? Should I file a new I-130? I'm planning to file the appeal Form EOIR-29 which attached to the letter I received. Wwhat do I need to send along with the form? Anyone been through this process please help. Been waiting for 2 years now. Thanks

Send USCIS everything you have. When I sent my rebuttal, I categorized all my evidence according to each trip I made to VN, in chronological order. I made 5 trips prior to sending in my rebuttal, so there were 5 sections in my rebuttal. Each section had pictures of the corresponding trip and they included letters, emails, text messages, chat logs, and phone logs that covers the time span between trips. for example, for my second trip, the second section of the rebuttal includes letters, emails, etc., from after the first trip up to the second trip.

include a signed statement that addresses all the issues the CO had with your case. as an example, one of the issue that came up during the first interview was that my wife did not know how i immigrated to the US. i only told her that my family and i left VN in late April 1975 by boat and that was what she told the CO. in my statement, i said that i was only 8 years old, a child, does not remember much, that it was only when my wife received a blue sheet that i ask my mom how we got here. then i went on to explain how we got to the US. I'll look for the statement I wrote and post here over the weekend if you like.

send them copies of everything. don't send originals; you may/will need to show the originals to the CO if he/she requests it. for pictures, you can put them in a Word doc., 2 or so per page and print them in color. don't worry about how much you're sending to them; the more the better. mine was about 7 to 8 inches thick bound together using Acco Fasteners.

[Kevin and 10]

My wife was denied and got "files sent back to USCIS for final decision" last year (2009). Last week, after waiting for a while, I got the letter from the DHS to appeal. What do I do now? Should I file a new I-130? I'm planning to file the appeal Form EOIR-29 which attached to the letter I received. Wwhat do I need to send along with the form? Anyone been through this process please help. Been waiting for 2 years now. Thanks

If you got it last week you should have moved on it. Its 30 days from when the USCIS sent it, not when you got it. That's 2-3 days lost just from the mail service.

Get everything started immediately!

Create a cover letter explaining your case. Go down the list of reasons for denial and rebut everything. Tabulate evidence pages and reference the tab in your explanation.

IE "We have hours of chat time using Yahoo......" See tab #3

Send anything to refute the CO's finding for your case;

-affidavits from you, your spouse (maybe too late), your family and friends

-photos

-letters and cards

-money transfer receipts

-hotel receipts

-airplane tickets

-phone bills

-chat logs

-insurance/retirement documents with your spouse listed as the beneficiary

If approved and forwarded to the NVC it will be sent to the Consulate and you will have a new interview. So send in any additional bona fides for your case also. I front loaded when I sent in our rebuttal.

You don't have much time. You're going to have to USPS Priority mail it next day to give yourself some more time. Fed-Ex doesn't deliver to PO boxes.

Good Luck

Kevin

[CoolHand2x2y2z 0]

Do appeal, because if you let it go, it might hurt your future application.

Just like everyone has said, give them plenty to go over. Take that blue slip and answer everything, line by line.

Think of it as applying from scratch and load them up with stuff. Assume nothing and just convince them that they are wrong.

Also, do a thorough timeline and get that notarized.

Send a pile of paperwork. Anything less and it might be problematic.

Good luck!

[feelinglucky 1]

Satome, can you specify if you had been sent a NOIR or EOIR-29 or BOTH. Members here have gave great adivce on how to respond to a NOIR, but you mentioned in your OP that an attached form EOIR-29 was included with a letter. Can you describe what the first letter instructions are? Also, does the EOIR say that you have to pay $110.00? Finally, was any other letter sent previously asking for you to respond to your petition being sent back?

[satome 0]

Hi,

thank you all for your helpful input. I really appreciate it.

What I got was a letter attached a Form EOIR-29 with it.

The letter states that my case was revoked and that I may appeal the Director's decision using the attached form which is EOIR-29, send to US Dept. of Homeland Security along with $110.00. That's it. There wasn't any letter previously ask me to respond when my case was sent back to USCIS.

I'm gathering all informations I can find: emails, plane tickets, timeline, wedding photos, travel itineries, money transfer receipt, phone logs...

Again, thank you all for great help.

Best,

limNchi

[Kevin and 10]

Hi,

thank you all for your helpful input. I really appreciate it.

What I got was a letter attached a Form EOIR-29 with it.

The letter states that my case was revoked and that I may appeal the Director's decision using the attached form which is EOIR-29, send to US Dept. of Homeland Security along with $110.00. That's it. There wasn't any letter previously ask me to respond when my case was sent back to USCIS.

I'm gathering all informations I can find: emails, plane tickets, timeline, wedding photos, travel itineries, money transfer receipt, phone logs...

Again, thank you all for great help.

Best,

limNchi

Did you ever get a NOIR? If you did get a NOIR, did you respond to it?

Filing your timeline might be useful for people to understand your case better.

Edited June 5, 2010 by Kevin and Tuyen

[satome 0]

I never get a NOIR letter at all, so I didn't have any chance to send in my rebuttal.

With a careful reading of the letter, they said they've given me a period to send in my rebuttal but I didn't even get the NOIR letter so didn't have a chance to rebut.

[ScottThuy 140]

Dont worry about that NOIR now.. deal with what they sent you for the new petition.... get all of the documentation together that you can to address the previous reason for denial ASAP... and dont forget the $110 deal as well...

[feelinglucky 1]

I assume that you have a copy of the white denial sheet that the consulate gave stating specifiically each of their points for denial???

IMO submitting all the things that show proof of relationship is secondary right now, but ofcourse it should be submitted as well. Your main focus should be giving you rebutal or an explaination to each of the consulates findings. Because you are in a formal apeal stage, the CO (lucky you dont have to file AAO) will probably conduct his review more througly, just sending him a bunch of pics, and chats logs, and plane tickets will not do. IMO Priority one for you is to write WELL WRITTEN BRIEF, with supporting evidence and docs attached, There is no mention of requiring the brief to be notorized, but do it anyway, because of the weight of this matter. Lastly you can go to USCIS and search their AAO data base to see decision of prior apeals, and how other petitioners did or didnt respond correctly during their process.