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

[ihsan 7]

9 minutes ago, lalinda.chica said:

@ihsan

Hello, Why did they ask you DNA? Do you have the birthcertificate? Is it they only ask u DNA if you can't provide the birthcertificate? 

i have the birth certificate,  because the birth certificate was created newly , it was not timely issued when i was born.  

Edited October 14, 2019 by ihsan

[lalinda.chica 2]

Ah okay. Good luck  hope everything goes well with you. The post about RFE denied is not mine. I accidentally repost it. I was supposed to reply only. 

[Rasel_Cool 22]

On 10/13/2019 at 5:01 PM, designguy said:

Well you will be starting from scratch now so its going to be quite a bit more than 3 months! Also F2A and F2B have completely different Final Action Dates

Will that affect me to get WL and IL . I mean will it take more time now to get WL and IL 

[Rasel_Cool 22]

On 10/13/2019 at 8:24 PM, belinda63 said:

Since you have been denied you will have to refile. That means waiting for the priority date to become current. Rather than spending a few months waiting for the results of the DNA test now you can wait a few years for the visa to become available again.

 

f2a is current but f2b is not. so what will happen now 

On 10/13/2019 at 6:38 PM, Going through said:

Just to clarify---since you said you sent all the other documents requested---was the RFE responded to on time?  That can also be a reason why a case is denied.

we sent rfe after 10 days of the request

[Rasel_Cool 22]

On 10/14/2019 at 3:36 AM, Cathi said:

Well because you didn't send the DNA test that they requested, it is going to take a lot longer than 3 months. You have no appeal, you didn't send what they wanted. Now you have to start all over from the beginning. 

all over from the begining what does that mean ? like my pd will change and i hv to send everythng again from beginning ?

[Just Paul 4,595]

4 minutes ago, Raselahmed786 said:

i hv to send everythng again from beginning ?

Yes

 

7 minutes ago, Raselahmed786 said:

f2a is current but f2b is not. so what will happen now 

f2a may not be current once you get your petition approved. 

[Rasel_Cool 22]

1 minute ago, Paul & Mary said:

Yes

 

f2a may not be current once you get your petition approved. 

so how long will it take in total now to get approved  if i re submitt eberything again 

[Rasel_Cool 22]

6 minutes ago, Raselahmed786 said:

so how long will it take in total now to get approved  if i re submitt eberything again 

i hope u give me an asnwer and it can be estimated 

[Just Paul 4,595]

8 minutes ago, Raselahmed786 said:

so how long will it take in total now to get approved  if i re submitt eberything again 

Probably about the same amount of time it took you to get his far the first time.   You have plenty of time to get that DNA done.

[Rasel_Cool 22]

3 minutes ago, Paul & Mary said:

Probably about the same amount of time it took you to get his far the first time.   You have plenty of time to get that DNA done.

It took 3 yrs to get here pd is 2016 dec. So more 3 yrs. Damn. Any other solution? Dna was voluntaree tough. We did sent birth effidevi, birth cert, passport, family photo as they requested tho. Only school cert was nt given as there was spelling mistake in mothers name  

[Just Paul 4,595]

1 minute ago, Raselahmed786 said:

It took 3 yrs to get here pd is 2016 dec. So more 3 yrs. Damn. Any other solution? Dna was voluntaree tough. We did sent birth effidevi, birth cert, passport, family photo as they requested tho. Only school cert was nt given as there was spelling mistake in mothers name  

The previous petitions are over.

 

Always us the the best evidence.  DNA is incontrovertible. 

[Rasel_Cool 22]

4 minutes ago, Paul & Mary said:

The previous petitions are over.

 

Always us the the best evidence.  DNA is incontrovertible. 

Are u assuming. Or dealt with same thing with f2a and f2b case denial?  How many case out of 100 face the same? Cause i hve seen hundreds who just send birth effidevit and thats it. The reason they ask rfe was late issue of birth certificate  

[Rasel_Cool 22]

1 hour ago, Raselahmed786 said:

Are u assuming. Or dealt with same thing with f2a and f2b case denial?  How many case out of 100 face the same? Cause i hve seen hundreds who just send birth effidevit and thats it. The reason they ask rfe was late issue of birth certificate  

Expecting a reply

[geowrian 22,337]

3 hours ago, Raselahmed786 said:

Are u assuming. Or dealt with same thing with f2a and f2b case denial?  How many case out of 100 face the same? Cause i hve seen hundreds who just send birth effidevit and thats it. The reason they ask rfe was late issue of birth certificate  

The case was denied and therefore petitions are no longer usable. An appeal is not beneficial here unless you can show that they made a mistake with the evidence given. Sufficient evidence was not included with the petition so they sent an RFE. The response to the RFE was still insufficient for them. They are not required to (nor do they usually) send another RFE for the same reason.

 

Exactly 0 out of 100 cases are the same as yours - AKA, nobody else's case matters when it comes to your case. The fact is it was denied. Just because some others (you've seen hundreds???) that were not denied with that type of evidence does not change that fact.

 

[Just Paul 4,595]

8 hours ago, Raselahmed786 said:

Expecting a reply

You have had 3 pages of replies.  Maybe you should spend a couple hundred bucks for an attorney to tell you.

 

You were denied based on what you submitted.  The petition(s) is(are) dead.