Denial instead of RFE

[darth vader 133]

I was on one thread and someone claimed that for AOS, USCIS is issuing denials instead of RFE. Have we seen any such phenomenon for I-130 petitions?

 

 

 

Edited December 9, 2019 by darth vader

[LilyJ 1,258]

That I've seen, a denial is usually not issued unless first there was an RFE that the petitioner did not properly respond to

[Cyberfx1024 7,980]

11 minutes ago, darth vader said:

I was on one thread and someone claimed that for AOS, USCIS is issuing denials instead of RFE. Have we seen any such phenomenon for I-130 petitions?

 

 

 

Yes, we have seen this to be the case here as well for I-130 petitions. But these petitions usually are bare bones petitions with basically nothing in them but the marriage license. These type of petitions are the sole reason why they started issuing straight denials instead of a RFE because they take time away from other petitions. 

[geowrian 22,338]

An outright denial is possible for any form if there is something required but missing. Typically an RFE is issued first if there is a mistake or missing supporting evidence. A denial tends to be issued if there is missing required documentation.

[darth vader 133]

On 12/9/2019 at 9:26 AM, geowrian said:

An outright denial is possible for any form if there is something required but missing. Typically an RFE is issued first if there is a mistake or missing supporting evidence. A denial tends to be issued if there is missing required documentation.

What if a document is provided but not to their liking or was lost by USCIS?

Edited January 12, 2020 by darth vader

[geowrian 22,338]

16 minutes ago, darth vader said:

What if a document is provided but not to their liking or was lost by USCIS?

Not acceptable would probably be an RFE, at least the first time.

Lost would be equivalent to not providing it (how do they know it was lost vs never sent?).

[darth vader 133]

3 hours ago, geowrian said:

Not acceptable would probably be an RFE, at least the first time.

Lost would be equivalent to not providing it (how do they know it was lost vs never sent?).

I wish they would scan and show ALL documents online when the petition is sent on-paper. Right now they only show some of the sent documents, making us worry if they lost any of the documents not visible online.

 

In an extreme case where they deny a petition even though they lost the document but considered it not provided, can one appeal the decision and provide an identical copy of entire petition they sent (including the document that was lost)?