How long is an appeal for I130 at Laguna Niguel CSC?

[rcantu 0]

I filed the I130 for my mother-in-law in December 2009 and missed some "proof of relationship" in the application so it was denied this March 2010. That same month I filed an appeal along with all the proper docs and my money and received a receipt.

Here's the problem: When I check online nothing can be found with the WAC number and the original WAC number also shows no status. I've called that national number and was told I needed to write a letter to the Laguna CSC which I did. Then Laguna basically sent me a form letter saying to call the national number!!! So I did that just a few weeks ago. After 2 transfers and 20 minute on hold for them to try to find info, I was told just to wait and see. That's it. They can't get in contact with the Laguna office.

To me this is ridiculous. I'm going to start writing to my congressman soon but I wanted to find out if anybody had any insight on this.

Thanks all.

[milimelo 4,562]

I filed the I130 for my mother-in-law in December 2009 and missed some "proof of relationship" in the application so it was denied this March 2010. That same month I filed an appeal along with all the proper docs and my money and received a receipt.

Here's the problem: When I check online nothing can be found with the WAC number and the original WAC number also shows no status. I've called that national number and was told I needed to write a letter to the Laguna CSC which I did. Then Laguna basically sent me a form letter saying to call the national number!!! So I did that just a few weeks ago. After 2 transfers and 20 minute on hold for them to try to find info, I was told just to wait and see. That's it. They can't get in contact with the Laguna office.

To me this is ridiculous. I'm going to start writing to my congressman soon but I wanted to find out if anybody had any insight on this.

Thanks all.

Excuse me, how in the world do you file an I-130 petition for your mother-in-law? No wonder they rejected it as YOU don't have a qualifying relationship - if you read the instructions, you'd see that you can't file for in-laws. Suggest you wait for your spouse to get naturalized and then file the petition.

[rcantu 0]

To clarify. I helped my spouse assist filling out the form so she's the petitioner not me. Let me edit my post to alleviate confusion.

Thanks

Excuse me, how in the world do you file an I-130 petition for your mother-in-law? No wonder they rejected it as YOU don't have a qualifying relationship - if you read the instructions, you'd see that you can't file for in-laws. Suggest you wait for your spouse to get naturalized and then file the petition.

[milimelo 4,562]

To clarify. I helped my spouse assist filling out the form so she's the petitioner not me. Let me edit my post to alleviate confusion.

Thanks

So what is it that they wanted your wife to send to prove relationship? Normally a birth certificate is sufficient to establish a relationship. Contacting the congressman is the right way to go but your wife needs to address the deficiency in the submitted forms/RFEs.

Edited to add: wasn't it cheaper to file a new I-130 than filing appeal? All water under the bridge now, but just wondering...

Edited August 4, 2010 by milimelo

[rcantu 0]

That was unclear to me what they wanted. The denial reason was for lack of proof of relationship. They never specified exactly what was missing. I was sure I enclosed a copy of a birth certificate but I resubmitted it for the appeal.

We just want to know when they are going to take a look at it. It's hard to address deficiencies when nobody responds or puts out specifics.

Thanks for the advice.

[Kevin and 10]

That was unclear to me what they wanted. The denial reason was for lack of proof of relationship. They never specified exactly what was missing. I was sure I enclosed a copy of a birth certificate but I resubmitted it for the appeal.

We just want to know when they are going to take a look at it. It's hard to address deficiencies when nobody responds or puts out specifics.

Thanks for the advice.

Its a general reason. Do you have pictures together, chat and phone records, letters, ect.? All of these can be used as evidence.

[rcantu 0]

This was just the phase of turning in the application and it was denied. No interviews or even the affidavit of support was requested yet.

I'm hoping someone here has had experience with this CSC as far as they're turnaround to review appeals.

Thanks all

[rcantu 0]

I was about to draft forms for the Congressmen but decided to check status once more online and saw this...

On August 23, 2010, we sent this case to EOIR - the Executive Office of Immigration Review.

So just in case someone needs a reference point on how long it takes an appeal to be initially reviewed at the Laguna Niguel CSC it's going to be about 6 months.

[NigeriaorBust 4,087]

Did your wife include proof of her US citizenship ?

[rcantu 0]

Yes. I think the problem was she wanted her 1st name changed slightly different than the birth certificate. That's just my guess as they only cited needing "proof of relationship".

[NigeriaorBust 4,087]

Did you send proof of name change(s)

[Boiler 46,124]

Appeals take much longer than re-filing. And by definition you have to show they did something wrong.