K1 Denied by USCIS - Mail Form I-290 or Reapply?

[Jay786 0]

Hi,

Case - 

 

So the petitioner had sent Divorce Nisi instead of Certificate of Divorce absolute to establish eligibility to marry. This led to RFE, but not knowing she sent Nisi again with official stamp from Court. 

Now she received the Denial notice from USCIS with APPEAL or MOTION within 30 days option. 

 

Finally She now has the Divorce Absolute certificate and is about to mail to USCIS/AAO with Form I290B.

 

Questions-  

 

Should she fill the Form I-290B (mentioned in USCIS Denial notice) opting with -

    APPEAL or, 

    MOTION TO REOPEN or,

    MOTION TO RECONSIDER? 

 

Or should she forget about it and reapply again from the start (Form I-129F)?  If so, does she need to withdraw her petition which was denied?  I am asking because i read in the forums that Form I-29o approvals are slim and the time is not known much.... 

[Greenbaum 12,259]

4 hours ago, Jay786 said:

Hi,

Case - 

 

So the petitioner had sent Divorce Nisi instead of Certificate of Divorce absolute to establish eligibility to marry. This led to RFE, but not knowing she sent Nisi again with official stamp from Court. 

Now she received the Denial notice from USCIS with APPEAL or MOTION within 30 days option. 

 

Finally She now has the Divorce Absolute certificate and is about to mail to USCIS/AAO with Form I290B.

 

Questions-  

 

Should she fill the Form I-290B (mentioned in USCIS Denial notice) opting with -

    APPEAL or, 

    MOTION TO REOPEN or,

    MOTION TO RECONSIDER? 

 

Or should she forget about it and reapply again from the start (Form I-129F)?  If so, does she need to withdraw her petition which was denied?  I am asking because i read in the forums that Form I-29o approvals are slim and the time is not known much.... 

Why would you start all over after you have come this far. They have not flatly denied your case but given you three options. Choose the one that works for you and get this done before the door shuts and then you will have to start over.

[SmallTownPA 72]

Starting over would require the petitioner to withdraw the petiton and start again, this time with an IMBRA General waiver (multiple filer) AND a new USCIS fee.

 

So that's the worst of the options.