Motion to Reopen (merged)

[Ben & Melanie 5]

I need your help! Our case was denied after just over 8 months of waiting due to an error on USCIS' part. Has this happened to any of you? We were advised to write a letter to the Director, as some mistakes do happen sometimes. The mistake was also acknowledged and confirmed by the higher representative that we talked to. We are faced with filing a motion as the 30 day deadline is quickly approaching. Has anyone had any luck with motions to reopen your case? Any help is greatly appreciated!

Edited January 30, 2019 by Penguin_ie

[aaron2020 11,651]

What was the error?

[Ben&Zian 4,398]

Like above need some details.

[Going through 5,671]

4 minutes ago, Ben & Melanie said:

Has anyone had any luck with motions to reopen your case? Any help is greatly appreciated!

Would depend on the reasons behind the denial, and what proof you have that it was USCIS error---without sharing those details, difficult to give proper advice/share relevant experiences.

[Kiolas 103]

@Ben & Melanie If you feel USCIS made an error, then appeal or file a motion (whichever is applicable to your case). In addition, you may contact Ombudsman https://www.dhs.gov/case-assistance

 

I had a similar situation, my appeal is still pending. Make sure to explain everything in details in a clear way and attach proof. 

 

Depending on circumstances, it may be a good idea to consult with an attorney, but it is extremely expensive. They usually charge $250/hour and up.

 

 

[Ben & Melanie 5]

Sorry guys, we received an RFE telling us to submit one (1) passport style photo of Ben ONLY, as well as responding to a question that had not been answered. We sent the requested photos of Ben and answered to the question.

The decision came back denied, saying that we failed to provide the resquested pictures. 

I assume that they are missing passport style photos of myself (Melanie), however there was no mention of myself in the RFE whatsoever.  Therefore it was our understanding that no additional documents were required to be submitted.

I see that the initial petition requested for passport photos of the both of us (which we missed), but we would have thought that they would have included passport style photos of myself in the RFE. If they had, we would have sent them and everything would have been ok. 

[Going through 5,671]

If possible, could you upload a photo of the RFE and the denial letter so we can see how it's worded?  (of course removing any personal info in the letter first)  I'm curious as to how the request for the passport photo was actually worded by them in comparison to what you said you sent...depending on that, you *might* have a chance...

 

You did ensure the photo you submitted was the correct size, followed the USCIS guidelines, etc. I assume?

 

EDITED TO ADD:  I see where you mentioned that you didn't send the requested passport photo of yourself either with the initial petition....and then didn't send it again with the RFE...might explain what happened then, depending on how the RFE was worded  

 

Edited January 24, 2019 by Going through

[Apple Bee 272]

Even though some have stated the photo of the beneficiary is no longer required I included passport style photos of both me and my husband just in case. Didn't want them to have any reason to send an RFE. I'm thinking you should be able to just go ahead and send the photos of yourself as well within the 30 days so they could move forward with processing. That's such a small thing to outright deny  someone for.

[Ben & Melanie 5]

Sorry guys, we received an RFE telling us to submit one (1) passport style photo of Ben ONLY, as well as responding to a question that had not been answered. We sent the requested photos of Ben and answered to the question.

The decision came back denied, saying that we failed to provide the resquested pictures. 

I assume that they are missing passport style photos of myself (Melanie), however there was no mention of myself in the RFE whatsoever.  Therefore it was our understanding that no additional documents were required to be submitted.

I see that the initial petition requested for passport photos of the both of us (which we missed), but we would have thought that they would have included passport style photos of myself in the RFE. If they had, we would have sent them and everything would have been ok. 

 

 

 

Edited January 24, 2019 by Ben & Melanie

[Apple Bee 272]

@Ben & Melanie, you should reedit that. You and your fiancé's full names are showing. 

[Ben & Melanie 5]

@Apple Bee in the decision they are telling me I need to appeal or file a motion. I was told I could send a letter to the director but no news yet. We acted to the decision within days in case we still need to file an appeal or motion.

Our case is pretty straight forward as we’ve been together for over 9 years we met and lived together for 7 years in Canada and have a 6 year old son together. As he has dual citizenship he moved first but we’re still waiting for an approval, it’s hard on all of us.

[Sarge2155 4,587]

59 minutes ago, Kiolas said:

@Ben & Melanie If you feel USCIS made an error, then appeal or file a motion (whichever is applicable to your case). In addition, you may contact

 

 

Site is closed due to government shutdown.

[Going through 5,671]

I read where the decision letter mentions BOTH photos were requested....but you said the RFE letter specifically mentioned the photo of one of you only?  

 

Since the decision letter also mentioned that the photos were required with the initial filing (which you admit you didn't send in), you might have a motion to reopen approved if the RFE is specifically worded to request a photo from only one of you.... How exactly was that RFE worded?

 

You said you spoke to some "higher ups"---so I guess if these are higher ups at USCIS, you may have a shot---good luck.

Edited January 24, 2019 by Going through

[Ben & Melanie 5]

The RFE specifically said

:

Submit (1) one passport style photo of ______ (the name of my fiance) and then described what the photos should be like, demensions etc.

Then at the bottom it also asked to respond to a yes or no question that was left blank in the petition. 

No mention on passport photos of myself, my name was not mentionned on that RFE.

[SalishSea 17,836]

4 hours ago, Apple Bee said:

Even though some have stated the photo of the beneficiary is no longer required I included passport style photos of both me and my husband just in case. Didn't want them to have any reason to send an RFE. I'm thinking you should be able to just go ahead and send the photos of yourself as well within the 30 days so they could move forward with processing. That's such a small thing to outright deny  someone for.

"Some have stated"?  The instructions CLEARLY specify to send passport photos of both petitioner and beneficiary, unless they have changed that within the past few months.