Colombian Mother Denied

[PaulaCJohnny 713]

Please do not submit a document with personal information to her own protection. I just reported 

Edited July 7, 2021 by Ontarkie
removed quote to remove attachment containing personal information

[SusieQQQ 11,587]

I see no basis on which to appeal from that letter. The decision was correct. If she had just filed another petition rather than appeal it would probably have been approved or close to approval already. 

Edited July 7, 2021 by Ontarkie
removed quote to remove attachment containing personal information

[firecrew1 2]

I was born here and my wife has a certificate of naturization and a US Passport. I just followed the directions on the decision paper to appeal. I didn't think another I 130 would be the proper way to handle this based on that decision letter. 

[SusieQQQ 11,587]

1 minute ago, firecrew1 said:

I was born here and my wife has a certificate of naturization and a US Passport. I just followed the directions on the decision paper to appeal. I didn't think another I 130 would be the proper way to handle this based on that decision letter. 

But the decision letter says to appeal if you believe they made an error in the decision. What error do you think they made? They denied it because the evidence was not included, which you admitted was the case.

[PaulaCJohnny 713]

5 minutes ago, firecrew1 said:

I was born here and my wife has a certificate of naturization and a US Passport. I just followed the directions on the decision paper to appeal. I didn't think another I 130 would be the proper way to handle this based on that decision letter. 

But the problem is because you appeal for something that was not denied by mistake. They denied for the right reason.

Disagree with the decision was like if she had sent everything and they said she didn’t.

but looks like she really didn’t filled everything correct so they are right.

Your wife and you need to do it again and pay

 more attention to all the details. 

Edited July 7, 2021 by PaulaCJohnny

[firecrew1 2]

Could be an Appeal was the wrong way to go however I paid for the Appeal and it hasn't been heard.. I was thinking about local matters where the goverment denies you then you appeal. You can't just submit another application. I would never have thought to just apply again. 

[Mike E 11,742]

14 minutes ago, firecrew1 said:

Image deleted for your privacy 

 

this one is “cut and dried”

 

It is clear that quality of the I-130 petition was too low to be considered.  
 

The appeal was likely a waste of time.  
 

Based on your other comments it looks like your wife filled this out without your involvement.  
 

You have successfully filled out an I-129F.  It isn’t much different from an I-130.  I suggest you take the lead in a new I-130 filing. 

 

I think the  money your wife spent on the old I-130 is gone.  I would give up on the appeal.  And even if I am wrong, I think It would be faster to start over.  

2 minutes ago, firecrew1 said:

Could be an Appeal was the wrong way to go however I paid for the Appeal and it hasn't been heard.. I was thinking about local matters where the goverment denies you then you appeal. You can't just submit another application. I would never have thought to just apply again. 

You can withdraw your appeal.  

[Crazy Cat 42,139]

18 minutes ago, firecrew1 said:

I was born here and my wife has a certificate of naturization and a US Passport. I just followed the directions on the decision paper to appeal. I didn't think another I 130 would be the proper way to handle this based on that decision letter. 

USCIS did not error, thus, any appeal will certainly fail.  Refiling a new petition is the proper course of action.  I think you have lost some money here.

Edited July 7, 2021 by Lucky Cat

[Rocio0010 5,616]

Rule of thumb: always keep a copy of everything you send. That way, if you have doubts, you go to your files and double check. There is no point in appealing something if you don’t know if the denial was correct or not, which it probably was. It’s just a waste of time, money, and energy.

[Timona 4,208]

@firecrew1, if I were you, I would go ahead and submit another I-130 this week. It is simple. Your MIL will be here probably by June of next year. As you see, you have wasted 2 years already with appeal, appeal fee and lawyer fee. Isn't a new I-130 cheaper than the options that you have taken so far? 

 

Call it a loss. Forget about the appeal. As already stated by @Marieke H, it is going to be denied. Why wait for that yet you can submit a new application?

 

Boss, take the easy way out, unless you wanna be back here on VJ a year from now to tell us that the appeal has not yet been adjudicated or it was flat out denied.

No need of stressing yourself. Just make sure that when you submit a new application, follow the step by step guide in terms of what to submit. It is easy. The embassy website also takes you through each step. 

 

By the way, you need to get rid of that lawyer if he/she cannot easily comprehend that the denial was your fault and not USCIS'. She is just dragging you along and taking your $$$. 

 

All the best.

Edited July 7, 2021 by Timona

[PaulaCJohnny 713]

37 minutes ago, firecrew1 said:

Could be an Appeal was the wrong way to go however I paid for the Appeal and it hasn't been heard.. I was thinking about local matters where the goverment denies you then you appeal. You can't just submit another application. I would never have thought to just apply again. 

You have some choices: appeal something that will not give you what you expected or understand the correct way that this kind of process work, learn and reapply.

They will not change the rules doesn’t matter how much you think you did the right thing.
To avoid lose money and time again educate yourself, your wife and you mother in law so everybody is on the same boat. 
I wish you the best

[SalishSea 18,102]

58 minutes ago, firecrew1 said:

Could be an Appeal was the wrong way to go however I paid for the Appeal and it hasn't been heard.. I was thinking about local matters where the goverment denies you then you appeal. You can't just submit another application. I would never have thought to just apply again. 

This is why VJ is useful, and had you pursued your other thread and followed up with questions, you may have learned that.   US immigration requires you to educate yourself about the processes; to not do so wastes time and money, as you're finding out.

[SalishSea 18,102]

1 hour ago, firecrew1 said:

Could be an Appeal was the wrong way to go however I paid for the Appeal and it hasn't been heard.. I was thinking about local matters where the goverment denies you then you appeal. You can't just submit another application. I would never have thought to just apply again. 

In all matters related to immigration, the payment is no guarantee of any particular outcome.

 

Of course you can wait to see what happens with the appeal, but as the initial required evidence was never sent, the petition was rightly denied, and the basis for an appeal does not exist.

 

Btw, you can read decisions from the appeals board on USCIS.gov.  Interesting reading if you want to learn how it works.

[Rocio0010 5,616]

1 hour ago, firecrew1 said:

however I paid for the Appeal and it hasn't been heard.. I was

See that’s the thing! Just because you paid for something it doesn’t mean that USCIS is going to “hear” you , Especially when the denial was rightfully made. Otherwise everybody would apply, even ineligible people, pay for an appeal and get what they want. Not how it works.

[Rocio0010 5,616]

4 minutes ago, Jorgedig said:

In all matters related to immigration, the payment is no guarantee of any particular outcome.

 

Of course you can wait to see what happens with the appeal, but as the initial required evidence was never sent, the petition was rightly denied, and the basis for an appeal does not exist.

 

Btw, you can read decisions from the appeals board on USCIS.gov.  Interesting reading if you want to learn how it works.

Couldn’t have said it better.