I130 Case Denied after sending RFE | f2a & f2b, now appealing (merged)

[jcracked52 55]

Something does not add up. The letter says RFE was issued September 26, 2019 and looks like it says 84 days were given (8 is cut off in the letter). I am assuming it says 84 days since that is the standard time for RFE reply. It still hasn't been 84 days yet from September 26th. 

[Going through 5,671]

1 hour ago, jcracked52 said:

Something does not add up. The letter says RFE was issued September 26, 2019 and looks like it says 84 days were given (8 is cut off in the letter). I am assuming it says 84 days since that is the standard time for RFE reply. It still hasn't been 84 days yet from September 26th. 

To me, it looked more like 6 than an 8 ?

[Rasel_Cool 22]

19 hours ago, Unlockable said:

Everything is explained in the letter. The denial was due to not responding to the RFE. As you can see, it says you can not appeal. But you can request to try to have the case reopened based on evidence you have that he, in fact, sent the evidence.

He did respond . infact if u look at the request for evidence days it is "26th September 2019". so the deadline was 26th December.

18 hours ago, Going through said:

It says why right in the letter.  Your friend was given a time limit to respond to the RFE and they have no record of a response being sent within that time.  It was therefore deemed abandoned, and denied (as stated in the letter).

 

What he can do is also explained in the letter.  He cannot file an appeal.  He CAN file a motion to reopen (which is different than an appeal), ONLY IF he can prove the denial was in error due to being able to prove at least one of the criteria 1-3 was met at the time the original application was filed.

 

From what you've said so far about your friend's case, he would not meet criteria #1 as the evidence they requested was obviously material.  He wouldn't be able to meet criteria #2 unless he can undoubtedly prove that he sent the documents in with the initial filing (how does one prove what was actually inside an envelope?), OR prove that he responded to the RFE on time (proven with proof of tracking or delivery---a receipt from the post office only showing that it was mailed out is not going to be sufficient).  He would not be able to meet criteria #3 unless he can prove the RFE request was sent to the wrong address (again, how would he prove that?...another friend simply saying "oh it got sent to my house by mistake" won't work if he thinks that will).  They want proof.

 

Alternatively, If your friend has proof that the RFE response was delivered in time, he can send evidence of that (as explained in the letter).  Did he get tracking/delivery confirmation on the RFE response he sent?  Most do with important documents/when dealing with the government....certainly the lawyer he is using would have done that.

 

 

He did respond . infact if u look at the request for evidence days it is "26th September 2019". so the deadline was 26th December.

12 hours ago, jcracked52 said:

Something does not add up. The letter says RFE was issued September 26, 2019 and looks like it says 84 days were given (8 is cut off in the letter). I am assuming it says 84 days since that is the standard time for RFE reply. It still hasn't been 84 days yet from September 26th. 

yah. He did respond . infact if u look at the request for evidence days it is "26th September 2019". so the deadline was 26th December.

[Rasel_Cool 22]

11 hours ago, Going through said:

To me, it looked more like 6 than an 8 ?

He did respond . infact if u look at the request for evidence days it is "26th September 2019". so the deadline was 26th December.

[SusieQQQ 11,586]

1 hour ago, Rasel_Cool said:

He did respond . infact if u look at the request for evidence days it is "26th September 2019". so the deadline was 26th December.

He did respond . infact if u look at the request for evidence days it is "26th September 2019". so the deadline was 26th December.

yah. He did respond . infact if u look at the request for evidence days it is "26th September 2019". so the deadline was 26th December.

 

1 hour ago, Rasel_Cool said:

He did respond . infact if u look at the request for evidence days it is "26th September 2019". so the deadline was 26th December.

 

🤦‍♀️ 

[Rasel_Cool 22]

1 hour ago, SusieQQQ said:

 

 

🤦‍♀️

anything u would like to say ?

[SusieQQQ 11,586]

1 hour ago, Rasel_Cool said:

anything u would like to say ?

I’ve said it before but you keep ignoring it 🙄 for some reason you seem to think that saying the same thing 4 times is useful as opposed to just an annoying waste of space.

 

also, it’s “you”. This is a forum, not a text message.  

Edited December 14, 2019 by SusieQQQ

[Going through 5,671]

7 hours ago, Rasel_Cool said:

He did respond . infact if u look at the request for evidence days it is "26th September 2019". so the deadline was 26th December.

You didn't answer the question I asked:

 

"Alternatively, If your friend has proof that the RFE response was delivered in time, he can send evidence of that (as explained in the letter).  Did he get tracking/delivery confirmation on the RFE response he sent?  Most do with important documents/when dealing with the government....certainly the lawyer he is using would have done that."

 

[Rasel_Cool 22]

4 minutes ago, Going through said:

You didn't answer the question I asked:

 

"Alternatively, If your friend has proof that the RFE response was delivered in time, he can send evidence of that (as explained in the letter).  Did he get tracking/delivery confirmation on the RFE response he sent?  Most do with important documents/when dealing with the government....certainly the lawyer he is using would have done that."

 

he checked in the website with the tracking number. It was received 

[Rasel_Cool 22]

15 minutes ago, Going through said:

You didn't answer the question I asked:

 

"Alternatively, If your friend has proof that the RFE response was delivered in time, he can send evidence of that (as explained in the letter).  Did he get tracking/delivery confirmation on the RFE response he sent?  Most do with important documents/when dealing with the government....certainly the lawyer he is using would have done that."

 

 

[Going through 5,671]

Just now, Rasel_Cool said:

he checked in the website with the tracking number. It was received 

Next step is your friend should call USCIS and ask to be transferred over to a L2 officer (who can look into his actual case details---don't just deal with the regular customer service person who answers the phone), and explain the situation at hand---and hopefully the L2 officer can let your friend know the case status, and if the response was actually received by them.

The option I would follow personally, is for your friend to follow the instructions in the denial letter as clearly written, and send in proof that the RFE was responded to in time.

 

All that being said, however, if what he sent in the RFE was NOT exactly what USCIS was asking for (in other words, if USCIS was asking for an actual birth certificate/school records/etc. and he instead chose to just send DNA test results done on his own accord---when the letter never mentions DNA testing) then they likely would have denied the case anyhow based on insufficient evidence sent in reply to the RFE.

 

With RFEs it's very important to send them at least one or more of the document choices USCIS gives in the letter---there's really no option of "well, I'm going to send this instead of specifically sending what they are requesting".

 

Good luck to your friend.

[Rasel_Cool 22]

21 minutes ago, Going through said:

Next step is your friend should call USCIS and ask to be transferred over to a L2 officer (who can look into his actual case details---don't just deal with the regular customer service person who answers the phone), and explain the situation at hand---and hopefully the L2 officer can let your friend know the case status, and if the response was actually received by them.

The option I would follow personally, is for your friend to follow the instructions in the denial letter as clearly written, and send in proof that the RFE was responded to in time.

 

All that being said, however, if what he sent in the RFE was NOT exactly what USCIS was asking for (in other words, if USCIS was asking for an actual birth certificate/school records/etc. and he instead chose to just send DNA test results done on his own accord---when the letter never mentions DNA testing) then they likely would have denied the case anyhow based on insufficient evidence sent in reply to the RFE.

 

With RFEs it's very important to send them at least one or more of the document choices USCIS gives in the letter---there's really no option of "well, I'm going to send this instead of specifically sending what they are requesting".

 

Good luck to your friend.

 

21 minutes ago, Going through said:

 

This was his rfe 

 

https://ibb.co/r4NNPhP
https://ibb.co/SvGyQpZ

Edited December 14, 2019 by Rasel_Cool

[jcracked52 55]

14 minutes ago, Rasel_Cool said:

 

This was his rfe 

 

https://ibb.co/r4NNPhP
https://ibb.co/SvGyQpZ

I was correct. It says response must be received by December 22, 2019, which is like 8 days from now. Something is not right. 

[jcracked52 55]

Also, the denial letter unique number does not match the unique number from RFE letter at bottom left. Stop wasting our time, OP. 

 

This thread is one of the strangest ones ever. 

[ihsan 7]

something is seriously not right, 1 why would USCIS deny the case before the deadline . 2 USCIS says  they denied the case base upon not receiving the response But the response was sent ??? why. I think you should tell your friend to call USCIS  to see whats going on . looking forward to hearing more.