I-130 denied due too not understanding evedence request

[BillHui 0]

My name is Bill my wife ,in China and I were denied on our I-130 oct.11,2012 because calf. Uscis asked for my wife's old devorce papers 2 times so I sent them twice.

It was not till we were denied did Uscis tell me the papers had to be notorized in China, so we did that with the appeal and a long kiss #### letter & a check for $120.

We are newbees here on this site, can anyone give me an idea of when I might hear from the appeals board in Texas, I sent the papers Nov.5,2012 and what may be the next steps and how long it may take?

I was reading other stories from 2009 of people refiling I-130 and another taking 3yrs from filing their appeal.

I did contact my congressman but for 3mo. he was always 2-3 days behind in getting info I had already gotten. So not helpful.

Thank you for any help.

Fists meet Beijing China 10/2010

Married 8/29/2011

filed I-130 11/24/2011

Denied 10/11/2012

Appeal 11/5/2012

[Boiler 45,872]

What is the basis of your appeal?

[Darnell 8,479]

I would think, it's better to submit a NEW I-130 now, and ask (in writing) that the prior I-130 be withdrawn.

I think you have a great chance of it being withdrawn, given the current status.

So, make a new I-130 submittal, get the right 'white book' from China on her birth certificate and divorce papers, and resubmit.

Just my 2 cents though - it may be that you can find out more by talking with an ISO at USCIS on this 'current' I-130 you have in place.

[JimVaPhuong 4,863]

What is the basis of your appeal?

He said he was denied because he didn't submit the required documents. He included the correct documents with the appeal. Seems pretty clear cut. Assuming the documents he sent were what they wanted in the first place then those types of appeals are usually approved.

[ndu26 114]

I would think, it's better to submit a NEW I-130 now, and ask (in writing) that the prior I-130 be withdrawn.

I think you have a great chance of it being withdrawn, given the current status.

So, make a new I-130 submittal, get the right 'white book' from China on her birth certificate and divorce papers, and resubmit.

Just my 2 cents though - it may be that you can find out more by talking with an ISO at USCIS on this 'current' I-130 you have in place.

I totatlly agree with Darnell, just withdraw the old petition and refile making sure you provide all the needed documents this time and you will see results in abt 8months as opposed to waiting for the outcome of an appeal that will be years in coming. I have a friend who appealed for 130 for her mother's petition for omitted birth certificate , following their instructions and paying the fees since june 2012 and till now they cant give her any concrete info on the status of her file at USCIS!!!

[BillHui 0]

What is the basis of your appeal?

I misunderstood when they asked 4 my wife's devorce book with a notorial seal.

I thought they couldn't see clearly the Chinese seal on her papers I had sent w/ I-130

It was not till they denied the I-130 did the spell out they wanted the devorce book authenaced and noterized by the Chinese gov. w/ a current date.

I had done that and sent it w/ my appeal 11/5/2012.