Denied for missing divorce decree- reapply or appeal?

[Gracenp2 14]

Hello people, I am going to get right to the point.... Yesterday I received my denia letter with instructions to file the appeal along with the form. (I29b). The letter stated that I had not provided documentation regarding my petition. I knew what the documentation was being that I realized I failed to provide them with my devorce decree. I called uscis 2 weeks after I submitted my petition and I asked if I should just send in the needed documentation along with my receipt paperwork, and was advised that if they needed documentation that I would be asked to supply it. I.understand that this obviously has set me back 6 months now on top of the 5 that I have already waited...So my question is, am I just wasting my time with this appeal? Should I go through with it? I have the $630 and the documentation!!!! Help!!! I'm def confused and don't for the love of me understand why was I not advised to send in the paperwork and about it being denied.

[Samantha78 117]

DO not bother with the email. It is more time consuming and more expensive. Just resend the petition with the correct documentation. It's much easier that way. I see this happen a lot on here and it always better to just resend.

[Gracenp2 14]

I beleive that would be more beneficial for me in the end.. thanks for your feedback. However will they accept it even though I have an open case?

[Samantha78 117]

You said it was denied, so if it was actually denied then you can send a new one in with no problem. But if its still open and you only received and RFE from them requesting the divorce decree, just send that in.

[Gracenp2 14]

I am at a lost and new to this, RFE is in reference to what? They did tell me I have 30 days to appeal. But $630 I still don't understand that!!

Ok a request for evidence...

[Samantha78 117]

So, usually when someone sends in the petition and something is not clear on the documents or there are documents missing, you will receive an RFE. This is them basically telling you exactly what is missing and they allow you a certain time frame to submit that missing info.

For some reason, since they are telling you that an appeal is necessary, I'm assuming that either they sent the RFE and you never received, therefore never responded, OR they just straight out denied.

The first thing you should do is call USCIS and verify that the petition was in fact denied and closed. Tell them you do not want to appeal but instead send a new petition. Be sure to speak to a Tier 2 officer as they will provide you with better information than the person who initially answers.

[Gracenp2 14]

Ok thanks!!

[Gracenp2 14]

Gosh calling them again... Do I just simply ask to speak with a Tier 2 officer?

[Samantha78 117]

Gosh calling them again... Do I just simply ask to speak with a Tier 2 officer?

Yes....just tell them you have some questions about your denial and need to speak to a tier 2 officer

[Gracenp2 14]

Ok... Will keep you posted....

[Gracenp2 14]

I'm kinda confused now.. I received a denial two days ago and it stated failure to provide evidence. I am thinking it was due to me not including my divorce decree. I never received an RFE for my that paperwork and they included an appeal notice which I have to send my supporting documentation and a whopping $630??? That is what I don't understand!!!!

[Stephen + Elisha 92]

I'm kinda confused now.. I received a denial two days ago and it stated failure to provide evidence. I am thinking it was due to me not including my divorce decree. I never received an RFE for my that paperwork and they included an appeal notice which I have to send my supporting documentation and a whopping $630??? That is what I don't understand!!!!

Did the denial notice specify what evidence you were missing?

Did you send any documentation of your divorce?

Was there any other initial evidence that you didn't submit?

Aside from those questions, don't waste your time and money on an appeal. File the I-129F again, it costs half as much. This time, read the instructions carefully, read the VisaJourney guide, and follow them to the letter. Make sure you submit all required evidence, unless you like giving money away to USCIS.

[VanessaTony 3,567]

I'm kinda confused now.. I received a denial two days ago and it stated failure to provide evidence. I am thinking it was due to me not including my divorce decree. I never received an RFE for my that paperwork and they included an appeal notice which I have to send my supporting documentation and a whopping $630??? That is what I don't understand!!!!

It is often better to re-apply rather than appeal.

If it says you were denied for failing to provide evidence it wasn't your divorce decree alone. They would have specified sending you an RFE and that you failed to respond to the RFE. It sounds like you just sent the forms and didn't include letters of intent, copies of birth certificates, evidence of meeting in the last 2 years.. etc etc that you were supposed to.

What DID you send with the I-129F? The G-325A's from both of you? Passport pictures?

[Penguin_ie 5,993]

*** one post and replies split from someone elses' thread and merged with this one, one topic without replies deleted. Please only post once on an issue, and make your own thread so as not to confuse another VJer's topic. *****

[Gracenp2 14]

Well to be quite honest I'm just gonna reapply. No I did not send any documentation, specially my divorce decree, but I never received an RFE!! That is the issue that I have..