I-130 Denied! USCIS mistake?

[Rajamundis 1]

Hello everybody! I really need some advice or any sort of help, and it´s great to have such a forum like VJ to expose them, so let´s go.

I´m a spanish beneficiary applying for the I-130 (my wife lives with me and the kids here at Spain w/me). We started the proccess helped by a administrative company at the end of the 2011, receiving our first NOA in March. In April 10 we received a Request For Evidence, asking for a passport-like picture and a G-325A form. We sent everything they requested and waited until yesterday.

We got denied. ugh!

In the explanation they said that actually we responded, but we did not submit the requested form G-325 A and the photo. But we actually did.

After freaking out, get over-frustated and desperate, we call USCIS info service, and they suggest that, if we think that if it could be a USCIS mistake, she would expedite the form (not exactly sure about this, since I do not relate to the info on the internet, and my wife was talking to the lady) to re-check it, so we might be re-requested for the picture and G325A form.

Questions:

-If we know we sent the requested documents, could it mean that the documents were wrongly filled? I guess that, it will mean that we have to start all over again from scratch.

-We took the USCIS girl option, does anybody know some similar cases like ours?

Thank you very much, any help or clarifications is more than welcome, since our position is frustrating and delicate.

[bsd058 296]

Submit an expedite request. They should expedite it, since it was an USCIS error. I would think you could submit a new app, but not too sure if you should do that or if there is an actual way to appeal.

To the other questions, yes they could have filed it improperly. I'm not sure about your second question.

Edited September 18, 2012 by bsd058

[Rajamundis 1]

Thanks for the answer bsd058.

Yes, we directly submitted the expedite request review by phone, as the customer service representative at the USCIS suggested.

On the other hand, I understand the problem wasn´t that the documents were wrongly completed, since the denial letter doesn´t specify that. It actually says "The petitioner responded to our request on May 02,2010 (yeah, the date is wrong) but did not submit the requested Form(s) G-325A and passport style photo for the petitioner." I know the passporr-like picture is not the exactly size as the american ones, since in Spain we use another size. But again, it didn´t specify the size on the RFE.

The other question (sorry my awful english haha!). Well, I´m just asking if anybody else had to face a similar situation: ask for a expedite request for a possibly USCIS mistake, etc.

P.S. Also, if we failed, for some reason, like passport-pictures weren´t big enough or something like that, to meet the first RFE requirements... USCIS could have sent us a second RFA?

Edited September 18, 2012 by Rajamundis

[Rajamundis 1]

Also, I read that the expedite review doesn´t stop the 30 days time for appeal, so I´m not sure about this. The text:

"This process, and any customer submissions relating to this expedited case review process, does not replace, change, circumvent, or affect any rights of USCIS customers or USCIS in the administrative appeals process. This process will also not impact time frames for appeals or motions, fix errors made by a petitioner or his or her authorized representative, create an independent right of action, or address errors not included in the specific administrative errors listed above."

Does it mean that we should also appeal while we get the answer from the expedite review?

Thank you very much for the help!

[Moomin 292]

Just an oddball question; who filled out the G325A - you or your spouse, and who was on the passport style photo?

Edited September 19, 2012 by moomin

[Rajamundis 1]

My wife filled out the form, and it´s her photo, as the RFE required.

[danzz 11]

I know the passporr-like picture is not the exactly size as the american ones, since in Spain we use another size. But again, it didn´t specify the size on the RFE.

I'm betting this is your problem. US passport pictures are different, there's specific guidelines on DOS website about what you need to send. You won't be able to get them at any photobooth, the embassy might have a list of photographers that will make them for you (the Paris embassy has such a list).

FYI: http://travel.state.gov/visa/visaphotoreq/photocomptemplate/photocomptemplate_5330.html

Edited September 19, 2012 by danzz

[bsd058 296]

nevermind this post....sorry.

Edited September 19, 2012 by bsd058

[Rajamundis 1]

I'm betting this is your problem. US passport pictures are different, there's specific guidelines on DOS website about what you need to send. You won't be able to get them at any photobooth, the embassy might have a list of photographers that will make them for you (the Paris embassy has such a list).

FYI: http://travel.state.gov/visa/visaphotoreq/photocomptemplate/photocomptemplate_5330.html

They said a passport-like photo, with an inch from bottom to chin or something like that, but never the total size.

Also the denial reason is that in fact we respond them but, failed to submit the application G-325 A and the picture. Checking with our agency we made sure that, yes, we actually sent everything, and also the application for the visa at the front. So it looks that they might skipped checking the rest of the documents.

[unlockingsky 94]

They said a passport-like photo, with an inch from bottom to chin or something like that, but never the total size.

Also the denial reason is that in fact we respond them but, failed to submit the application G-325 A and the picture. Checking with our agency we made sure that, yes, we actually sent everything, and also the application for the visa at the front. So it looks that they might skipped checking the rest of the documents.

it would take a month for your items to arrive to your folder from the service center. if you fail to include the rfe notice (blue paper) with your items, then it find itself to your folder in another two months.

[bt1 42]

I'm betting this is your problem. US passport pictures are different, there's specific guidelines on DOS website about what you need to send. You won't be able to get them at any photobooth, the embassy might have a list of photographers that will make them for you (the Paris embassy has such a list).

FYI: http://travel.state.gov/visa/visaphotoreq/photocomptemplate/photocomptemplate_5330.html

I can also bet this is the problem: they want what they want and how they want it: it's your responsibility to provide them with the exact style of the photo. I would suggest you obtain the exact sized photos for when you apply again.

[Darnell 8,478]

call back, get an ISO human,

and ask them to assist you with getting the stuff you sent actually put into the casefile.

Good Luck !

[danzz 11]

They said a passport-like photo, with an inch from bottom to chin or something like that, but never the total size.

Also the denial reason is that in fact we respond them but, failed to submit the application G-325 A and the picture. Checking with our agency we made sure that, yes, we actually sent everything, and also the application for the visa at the front. So it looks that they might skipped checking the rest of the documents.

If the pictures do not match their requirements, then you failed to send a picture, and they put the requirement online for you to make sure you send the right ones. Don't argue with USCIS, if they say send a picture of you wearing a pink bow-tie and a fake mustache, you do not say it doesn't make sense, you just do it.

[Rajamundis 1]

Well, we talked again with the USCIS service center, and got to talk to a superior person in there, who suggested us to write a letter to the California(our assigned center). He said to be "very compelling" exposing the situation.

Also, he said that our two other options would be try to reopen a case if everything failed or start from scratch refilling the I-130. Nobody in all of this calls suggested appealing.

Thank you for the comments, I´ll keep you posted and if anybody went through the same situation, it would be great to here their experience.

Edited September 20, 2012 by Rajamundis

[Darnell 8,478]

I hope you talked with an ISO..

ISO - http://www.dhs.gov/files/publications/gc_1305658440339.shtm