I need advice

[7419Kathy 0]

On 6/11/2020 at 3:18 PM, Luckycuds said:

Maybe there is a language barrier here. I am asking if it was delivered- I know you mailed it.. Did you go online and check the tracking number on your receipt to make sure it was delivered to the address?

Also I think you should post a copy of your denial letter if you are looking for people to accurately help you.

Yes sorry I  reported  a copy 

Yes i received  a text message  from  uscis saying  they  received  my appeal. I received  a  email  saying  i was denied  i never  received anything from the appeal  when  i checked online it says my case is being  reviewed  thats what i don't understand. 

On 6/11/2020 at 9:32 AM, Luckycuds said:

Not mailed. Do you have proof it was DELIVERED. 

Yes i saved the  text message 

[milimelo 4,533]

The denial notice (which I removed as it has your personal details) said you have 30 days to file I-290b. I-290b fee is $675 so unclear what you paid with $110. 

[Marieke H 2,521]

3 minutes ago, 7419Kathy said:

Yes sorry I  reported  a copy 

Yes i received  a text message  from  uscis saying  they  received  my appeal. I received  a  email  saying  i was denied  i never  received anything from the appeal  when  i checked online it says my case is being  reviewed  thats what i don't understand. 

Okay, you have proof that the appeal was delivered. But do you have any proof that your response to the RFE in February 2019 was delivered?

[7419Kathy 0]

On 6/11/2020 at 3:25 PM, Allaboutwaiting said:

The letter was posted already but deleted, as it contained personal information.

The denial is based on a failure to respond to an RFE. USCIS was requesting a divorce final decree. 

From what we can understand so far, OP didn't receive the RFE.

 

Btw, an appeal does not require proof of delivery, just proof that the evidence was yes i do have  proof  the evidence was submitted 

 

 

 

Edited June 12, 2020 by milimelo

[7419Kathy 0]

31 minutes ago, Marieke H said:

Okay, you have proof that the appeal was delivered. But do you have any proof that your response to the RFE in February 2019 was delivered?

In February  i received  a text message  i saved saying they  received my information 

 

 

Edited June 12, 2020 by milimelo

[Allaboutwaiting 2,503]

 

21 minutes ago, 7419Kathy said:

I sent the 110.00 to have  the decision  appealed   i never received anything from the appeal  only a text message  letting me know they received it.

The fee for a motion to reopen is 675dlls.

You sent 110dlls. Where did you get that amount from? Did you file the I-290b form? 

And don't post your personal information. Your full name appears on the letter you just posted. 

[geowrian 22,337]

No idea where the $110 fee comes into play. That's not the right fee for anything with USCIS here.

 

The 33 days sounds like the timeframe for a Motion to Reopen (MTR). I believe that is 30 days + 3 days mailing grace period...?

Note: There is no appeal for a petition denied due to failure to respond to RFE. The letter posted above (likely gone by now due to having personal information in it) explicitly states this. There is an MTR.

 

It's still unclear that you ever responded to the Request For Evidence (RFE) that USCIS sent to you in February.

It kinda sounds like you are saying you sent the appeal (MTR really) to the denial. But did you ever send a response to the RFE from February? If so, do you have evidence that your response was delivered to USCIS?

Edited June 12, 2020 by geowrian

[Marieke H 2,521]

A lot seems to have gone wrong here. You said you responded to the RFE in February 2019, but somehow that response never made it to your file. 

Then USCIS mailed you a denial notice which apparently you never received. 

Then you file a motion to reopen (is that even possible 9 months after the denial?) with a completely wrong fee.

It all seems very strange. 

[Allaboutwaiting 2,503]

11 minutes ago, Marieke H said:

Then you file a motion to reopen (is that even possible 9 months after the denial?) with a completely wrong fee.

It all seems very strange. 

Wow! I didn't even notice the date. The denial happened in September 2019! She just had 33 days to file. That chance is long gone. 

 

@7419Kathy We have no clue about what truly happened with your case, but at this moment YOUR ONLY CHOICE is filing again.

Edited June 12, 2020 by Allaboutwaiting

[7419Kathy 0]

4 minutes ago, Allaboutwaiting said:

Wow! I didn't even notice the date. The denial happened in September 2019. She just had 33 days to file. 

 

@7419Kathy We have no clue about what truly happened with your case, but at this moment YOUR ONLY CHOICE is filing again.

Thank you 

[milimelo 4,533]

~OP, do NOT post attachments until you have properly blacked out your personal info. I just removed attachments from two more of your posts with the same unredacted personal info. ~

 

Vj mod

[geowrian 22,337]

20 minutes ago, Marieke H said:

A lot seems to have gone wrong here. You said you responded to the RFE in February 2019, but somehow that response never made it to your file. 

Then USCIS mailed you a denial notice which apparently you never received. 

Then you file a motion to reopen (is that even possible 9 months after the denial?) with a completely wrong fee.

It all seems very strange. 

12 minutes ago, Allaboutwaiting said:

Wow! I didn't even notice the date. The denial happened in September 2019! She just had 33 days to file. That chance is long gone. 

Good catch!

Same...just noticed it myself. The letter says 2019, not 2020.

 

The time to submit an MTR expired in Sept 2019.

If they sent one after that date, expect the MTR to be dismissed.

If they sent it in time, maybe the OP finally got the denial of the MTR now?

 

This is all very confusing..we are working with extremely scattered bits of information. We need a clear timeline:

* Filed I-130 on x

* Received RFE on x (or did not receive it?)

* Responded to RFE on x (if it was sent)

* Received denial on x (should be Sept. 2019 according to the now-removed document)

* Sent appeal/MTR on x

* Received denial of appeal/MTR on x (if this happened?)

Edited June 12, 2020 by geowrian

[7419Kathy 0]

14 minutes ago, 7419Kathy said:

Everyone  thank you sorry for the mix up i will just  start 

a new application  .

I appreciate  all the advice 

 

[Allaboutwaiting 2,503]

15 minutes ago, geowrian said:

Good catch!

Same...just noticed it myself. The letter says 2019, not 2020.

 

The time to submit an MTR expired in Sept 2019.

If they sent one after that date, expect the MTR to be dismissed.

If they sent it in time, maybe the OP finally got the denial of the MTR now?

 

This is all very confusing..we are working with extremely scattered bits of information. We need a clear timeline:

* Filed I-130 on x

* Received RFE on x (or did not receive it?)

* Responded to RFE on x (if it was sent)

* Received denial on x (should be Sept. 2019 according to the now-removed document)

* Sent appeal/MTR on x

* Received denial of appeal/MTR on x (if this happened?)

The denial letter she posted was a copy sent in May this year, attached to the response from USCIS to a recent request she made regarding the documents she never received.

I don't think there's a denial to the appeal. It would have been rejected anyway, as the fee was wrong. 

[Allaboutwaiting 2,503]

17 minutes ago, 7419Kathy said:

Everyone  thank you sorry for the mix up i will just  start 

a new application  .

I appreciate  all the advice 

Good luck @7419Kathy Check the guides here for your new filing.