appeal/NOIR motion i-290b or New CR1 or K1?

[ricewanted 3]

My wife's brother-in-law did I-130 & CR1 on his own but got issues:

-Jan 2014: submitted I-130 & CR1 packets.

-June 2014: receive RFE for evidences

- sometimes between July - Sept 2014, he submitted them all, but accidentally left out the English translation of Marriage's Certificate.

- Now he received a denial for insufficient documents, missing marriage certificate. On letter of notice, suggested Appeal or Motion.

(God knows what other mistakes he had done)

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The question is:

- if he goes with Motion, is it Motion to Reopen? or Reconsider? How long is the wait?

- Or should he start a Refile?

- Refile as CR1? or Refile as K3? Length of wait?

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USCitzen- county of Domicile is Vietnam

Visa-spouse- also in Vietnam

Consulate: Hochiminh City.

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If Refile/Start a new case, either CR1 or K3, here's his story:

He lives in Vietnam for 5 years, since he graduated college in US. He does volunteering and earned cost of livings with his volunteer works & there, and of course, no records of IRS tax since 2009. So I-864, he will use either of his parents (divorced parents), a multi-millionaire father he barely lives with in his lifespan or a nearly retired school teacher mother whom raised him, he stated he'll ask only 1 person to co-sign his i-864 petition, which one to choose? Thanks.

I've heard about DCF (Direct Consulate Filing), but not available in Vietnam, is it doable?

He's having health issues & I believe he is in better hands if receive medical care in USA, but he won't leave his wife to go back US to work & wait for I-130. I told him going back to USA is the best solution with the sacrifice of 1 year apart from his wife while he can be well. Polution in Vietnam is killing him, severe sinusitus & his congenital heart issues will come back soon or later with the same polution condition.

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Appreciated your comments & expertises.

Thank you & Happy Thanksgivings.

[Ryan H 3,812]

Answers:

• File a new I-130. If the RFE that was issued on the prior petition was not properly responded to, then the denial of that prior petition was proper and trying to appeal that decision will be a lost cause and waste of time. Also, forget the K3, it's not a time saver and one actually being granted with the current procedures in place by USCIS and the State Department is a rare occurrence.
• No one "cosigns" an I-864; the sponsor signs the I-864 they fill out and the joint sponsor signs the I-864 they fill out. Between his father and his mother, it's up to him who he chooses to ask but it's also up to the person he asks whether or not they want to fill out an sign the form.
• Since DCF is not available in Vietnam, it is not doable.
• There is a strong probability that his petition will be sent from the lockbox in Chicago to the California Processing Center (CSC). If that happens, then there is another strong chance that his petition will enter the auto expedite queue and he will receive a decision on it quickly (provided it was correctly submitted at the outset). There is no guarantee his petition will automatically be expedited and USCIS denies such a queue exists.