I-130 Petition Denied. Request For Evidence (RFE) was never received

[khumir3040 0]

I have received a decision letter in the mail that my wife's case has been denied as I did not respond to RFE (Request For Evidence) letter sent on Sep. 28th 2017. My address is still the same but I have never received a RFE letter in the mail. I was thinking of getting the approval letter by the end of December so I checked the status on Dec 29th 2017. I right away requested to resend the letter but  was told on Jan. 4th that the time has elapsed and we will mail you a decision.

 

"You visa petition is denied as abandoned. The decision to issue this notice of Abandonment Denial may not be appealed"

It state that I can file a motion to reopen but I don't know what evidence they requested or whether I already provided them at the time of my petition. I have attached the copy of the decision and would really appreciate your help. I know i was stupid to not to check the status online every month. Please help.          

[Our Journey 73]

Ur mistake was not to check ur procces with ur case number on the website.  U have to do all the procces again i think.

[Going through 5,671]

A motion to reopen would only work if you were able to prove the RFE was sent to an incorrect address.  (Reason #3)  You have no way of proving you never received the letter at the CORRECT address.

 

You wouldn't fall under reason #1  (since you don't even know whether the evidence requested was material to your case or not since you never received the RFE) or reason #2 (since you did not respond within the allotted time.)

 

Unfortunately, you would have to file a new i-130 with the fee.

Edited January 24, 2018 by Going through

[khumir3040 0]

Thanks for your reply. If I have to file it again is it possible to get the RFE letter so I can provide the requested evidence along with my new application