Colombian Mother Denied

[JeanneAdil 6,610]

Date of your appeal was end of April this year

i did an appeal (pre covid in 2011) and it took well over a year to hear i had won

so,  don't expect you're going to hear about the case soon

and if your reason for the appeal is not a mistake made by immigration (as mine was)  you will not win 

[JeanneAdil 6,610]

1 hour ago, Mike E said:

 

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.  

You can withdraw your appeal.  

but the fee will not be returned

[JeanneAdil 6,610]

to go a little further,  court decision on mine was 

"marriage is bona fida ,  so i could reapply"

and if i had to do it over (and knew more about this process)  i would have just reapplied

my opinion only ,  forget the appeal as it will take over a year and just reapply with all correct documents

and keep all records right up till she gets her naturalization  and then scrap them

[Timona 4,208]

36 minutes ago, Jorgedig said:

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.

 

Opposite is true for most lawyers. 

[firecrew1 2]

Maybe not with immigration but an appeal is a second chance. Often it's heard by a civilian reviews board who tend to be liberal. I'm sure the i-130 is going to ask if we applied before and were denied. I was trying to avoid that. My last correspondence was June 15th I'm going to wait a couple weeks and then apply for the i-130 again. And to answer one of the questions no I wasn't a part of applying for the first i-130

[SalishSea 18,102]

7 minutes ago, firecrew1 said:

Maybe not with immigration but an appeal is a second chance. Often it's heard by a civilian reviews board who tend to be liberal. I'm sure the i-130 is going to ask if we applied before and were denied. I was trying to avoid that. My last correspondence was June 15th I'm going to wait a couple weeks and then apply for the i-130 again. And to answer one of the questions no I wasn't a part of applying for the first i-130

A civilian review board?  All of the ones I've read on the AAO repository were done by USCIS staff.

[SusieQQQ 11,587]

11 minutes ago, firecrew1 said:

Maybe not with immigration but an appeal is a second chance. Often it's heard by a civilian reviews board who tend to be liberal. I'm sure the i-130 is going to ask if we applied before and were denied. I was trying to avoid that. My last correspondence was June 15th I'm going to wait a couple weeks and then apply for the i-130 again. And to answer one of the questions no I wasn't a part of applying for the first i-130

Bold 1. No, this is not the way immigration appeals work and it was explained in the letter on what basis an appeal should be made. 
Bold 2. Why don’t you actually look at the form so you know what it is going to ask?

[Marieke H 2,523]

11 minutes ago, firecrew1 said:

Maybe not with immigration but an appeal is a second chance.

If you fail to submit a complete petition (and it sounds like only the I-130 was submitted without any additional documents), there usually is no second chance. USCIS used to be more forgiving and send an RFE for missing documents, but their current policy is to just deny those incomplete petitions in order to avoid "placeholder petitions".

[aaron2020 11,651]

14 minutes ago, firecrew1 said:

Maybe not with immigration but an appeal is a second chance. Often it's heard by a civilian reviews board who tend to be liberal. I'm sure the i-130 is going to ask if we applied before and were denied. I was trying to avoid that. My last correspondence was June 15th I'm going to wait a couple weeks and then apply for the i-130 again. And to answer one of the questions no I wasn't a part of applying for the first i-130

Please go see a qualified immigration attorney.  

Your wife made a mistake by filing the I-130 without providing the required proof of her US citizenship.

 

You made a mistake of appealing the I-130 denial without understanding how the process works.  There is no "civilian review board" for a denied I-130 appeal.

 

You are wasting time, money, and energy.  Get professional help.  

[SalishSea 18,102]

1 minute ago, aaron2020 said:

There is no "civilian review board" for a denied I-130 appeal.

Thank you.  LOL.  In my battle with insomnia, I've read hundreds and hundreds of non-precedent appeal decisions in the repository, and 100% of them were written by USCIS lawyers.

[Timona 4,208]

16 minutes ago, aaron2020 said:

Please go see a qualified immigration attorney.  

Your wife made a mistake by filing the I-130 without providing the required proof of her US citizenship.

 

You made a mistake of appealing the I-130 denial without understanding how the process works.  There is no "civilian review board" for a denied I-130 appeal.

 

You are wasting time, money, and energy.  Get professional help.  

 

He already has one, one who is misleading him with this appeal story. Well, his $$$ and time. He can do whatever he so wishes with it.  🤷‍♂️

Edited July 7, 2021 by Timona

[firecrew1 2]

[Crazy Cat 42,139]

1 minute ago, firecrew1 said:

The point is they will not overturn a proper USCIS decision. I would immediately withdraw the appeal, then start over with a properly filed petition package.  Good luck. 

[Ontarkie 14,419]

~~Post containing personal information removed. Posts that quoted it have been edited to removed the quote. Please donot post anything with any type of personal information. VJ can be read by anyone and some with not good intentions~~

Edited July 7, 2021 by Ontarkie

[Rocio0010 5,616]

OP, don't get me wrong, but it seems one of those cases where someone posts about a situation in here, we tell them the best course of action based on experience, but then you keep on trying to go forward without reading to the advice that different people have given you. I have been on VJ for about two years now, and while people here are not immigration attorneys, they are gurus and know a lot (and actually I've seen/ read attorneys being completely clueless about the process, but anyhow).

1. Appeals are successful if and only when USCIS has made a mistake on their end, leading to a denial. It seems that your wife's I-130 was missing a document proving that she's now a USC. Since YOU failed to provide that document, the denial is rightfully made. Therefore, an appeal is completely futile and a waste of money, energy, and time.

2. That being said, you should use all that energy to read the instructions carefully, and make a list of ALL THE DOCUMENTS that are required. In my case, when I did my AOS, my husband (USC) and I (beneficiary) printed the forms and made drafts of them. Countless, and we found mistakes/ questions every time. So I made my account in here, because, again, I am the beneficiary, and asked all the questions I had. If somebody asked me a follow up question, I replied, so that the people wanting to help me could have a better picture of my case. 

We also re- read the instructions for every form over and over again, and we made a list of the required documentation for every single one of the forms. We also made a cover letter for the whole case, with bullet lists of the documents. So if we had 11 bullets, that meant we needed to have eleven documents. Last but not least, we made a copy of the whole package we sent to USCIS. That way, if they denied us for missing documentation, we could resort to our list and see what we sent. I'm not trying to nag you here; what I am trying to say is that if it is a straightforward case, you can DIY immigration, but you need to stay ahead of your game.

3. Again, no. An appeal is not "a second chance". A second chance for applicants is a RFE (request for evidence), where USCIS sends you a letter for missing documentation. For example, we got a RFE for my husband's tax return and paystubs, because we initially sent the wrong tax forms. But sometimes, if you're missing a basic documentation, such as the USC's birth certificate or passport, that's a flat out denial. Period. There is no "second chance" for that, otherwise , they would have sent you a RFE. Just to make sure you understand this: an appeal with USCIS means that you've sent all the documents to USCIS and they just made the wrong judgment.

4. "A civilian review board"... That's the first time I have ever read of this with USCIS. Maybe they exist and I don't know about them.

This is your call: either you keep on waiting for the outcome of your appeal (which can take a loooooong time), or you use that energy and reapply. Either way, good luck!